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Electrical supply company sued for alleged deception

Paul Peirce

A Westmoreland County electrical supply firm and its owner have been sued by state Attorney General Tom Corbett for allegedly deceiving customers and refusing refunds on damaged merchandise.

Michael J. Free, who owns Electra Lighting and Electric Co. with locations at 10561 Center Highway, North Huntingdon, and 3820 William Penn Highway, Monroeville, is accused by Corbett of violating Pennsylvania's Unfair Trade practices and Consumer Protection Law.

Free and his outlets are listed as defendants in the civil lawsuit filed in Commonwealth Court.

Corbett said the lawsuit followed an investigation by his office's Bureau of Consumer Protection after complaints by more than a dozen customers in Allegheny, Westmoreland, Cambria and Somerset counties.

In the lawsuit, Bureau of Consumer Protection agents contend that Free entered into contracts with consumers for the purchase of lighting fixtures and merchandise that listed the purchase price and terms of delivery that usually ranged between six and 16 weeks for special orders.

In some cases, Free falsely represented that the items consumers purchased would be delivered in a shorter period of time than the dates identified in the sales contracts, according to the lawsuit.

"The deceptive tactic was used to induce sales or encourage customers to do business with the defendant. In reality, consumers said the items arrived several months late or never arrived despite the promises made orally and in the contract," Corbett said.

In one case, agents allege a customer in Cambria County purchased $500 worth of items from Free in April 2004 and was told they would arrive within six to 16 weeks. The consumer contacted Free after 16 weeks and still has yet to receive a refund after 20 months, according to Corbett.

"Consumers trusted Mr. Free's word and his contracts, which stated that the items would be delivered within a specific time frame. It appears that both were unreliable as the merchandise in many cases failed to arrive, arrived significantly late, was broken or was not what consumers had ordered," Corbett said.

Repeated attempts to contact Free yesterday for comment were unsuccessful.

The complaint also asks the court to pay nearly $2,500 in restitution to consumers who filed complaints with the Bureau of Consumer Protection, pay civil penalties of $1,000 per violation and $3,000 for violations involving a consumer age 60 or older, and pay the state's cost of the investigation.

The case is being litigated by Senior Deputy Attorney General Marcia Telek DiPaula, of the Pittsburgh office.