Christopher Baxter and Matthew Stanmyre, NJ.com, January 11, 2017
EXCERPTS FROM THE ARTICLE:
The owner of a New Jersey soccer facility claims in a new class-action lawsuit the leading U.S. maker of artificial sports fields, FieldTurf, repeatedly brushed off complaints about his failing field and told him conditions would improve over time.
The complaint, filed Tuesday in U.S. District Court for New Jersey, is the third proposed class-action to be brought by customers in the state against FieldTurf in response to an NJ Advance Media investigation that detailed potential fraud.
The investigation found FieldTurf and its executives for years earned ballooning profits as sales of its popular turf, Duraspine, skyrocketed, all the while knowing fields were falling apart and would not live up to marketing and advertising claims.
Despite warnings and candid internal discussions, FieldTurf officials kept selling Duraspine to cities, towns, school districts and private entities across the country, and never changed their sales pitches. The turf was phased out in 2012.
In a statement, a FieldTurf spokesman said the company strongly disputed the allegations in the latest lawsuit and that its records show Duraspine was not installed at the facility, but rather another product, known as slit-film, was used. A company directory, however, does list the facility as having received Duraspine.
"It is time for FieldTurf to be held accountable for its intentional and egregious conduct," the lawsuit said.
The lawsuit, based largely on NJ Advance Media's reporting, accuses FieldTurf of fraud, breach of warranty and unjust enrichment.