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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6056
Experience:  20 years of proefessional experience
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I have been having on going problems with Rooms to Go

Customer Question

I have been having on going problems with Rooms to Go furniture and really need some advice. I have been dealing with defective merchandise, return items and lastly a sofa bed which was returned as defective once and the second had no mattress. I was never informed that the mattress was going to be "swapped out" when the first sofa was returned as defective. On the day before Christmas Eve, when my out of town guests were making up the bed I discoverd that there was no mattress for them to sleep on. I immediately contacted Room To Go to inform them of the situation. Unfortunately the manager was at another location and the sales staff could only take a message. (Thankfully I own a leaky air mattress). The nex day I contacted "Gus" the store manager who I have dealt with unfortunately all too many times. I was told it was my fault for not checking the sofa, maybe he was right by if one purchases a sofa bed would you look to see if it somes with a mattress. Isn't that understood? He told me there was nothing he could do. I was adamant that he needed to find a mattress from another sofa bed in the showroom so my guests had something. The next day, I personally picked up from their showroom on SR7 an inferior matress (Ipaid extra for a "deluxe" mattress) so that my out of town company would have something to sleep on.
I was told corporate would contact me yesterday (Monday) to correct the issue and set up a delivery date for my mattress. Of course no call has been received. I am so sick to death of the inferior quality of the merchandise and rude, unhelpful staff.
Out of the 9 pieces I purchased 7 had to be replaced or returned at least twice and in some cases three times! I have spent countless hours waiting for deliveries, on the phone and hours of utter frustration. I was offered a $100.00 Rooms To Go Gift card for my trouble but truly, based on my experience to date why would I want anything thing from them even for free?
Do I have any recourse? Is it unheard of to expect some kind of financial relief for all the aggrevation I have had? I paid approximately $1000.00 in cash and the balance on a Rooms To Go credit card which I am paying off.
How do I find out where their corporate office is to get the proper mattress (which I paid for) since it is quite obvious they will not be contacting me on their own?
Any help/suggestions would be so greatly appreciated. I have NEVER had to resort to the use of an advocate but, I am just weary of this whole process which is now going on 2 1/2 months with this company.
Thank you so much,
Robin Silver ***@******.*** (###) ###-####
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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Customer: replied 1 year ago.
I understand the above, but, if I have any questions will I be able to then write you?
Customer: replied 1 year ago.
I also forgot to ask if you think contacting the Better Business Bureau is a good idea?
Expert:  Maverick replied 1 year ago.

ANSWER:

This is best handled through a suit or threat of a suit using the consumer protection statute in Florida. It is called the Florida Deceptive and Unfair Trade Practices Act, or FDUTPA. It states:

“Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.” § 501.204(1), Fla. Stat

FDUTPA provides that you may recover “actual damages, plus attorney’s fees and court costs.” § 501.211(2), Fla. Stat.

Actual damages are defined as “the difference in the market value of the product or service in the condition in which it was delivered and its market value in the condition in which it should have been delivered according to the contract of the parties.” Rollins, Inc. v. Heller, 454 So. 2d 580, 585 (Fla. 3d DCA 1984). Recovery of consequential or special damages is not permitted. Smith v. 2001 South Dixie Highway, Inc., 872 So. 2d 992, 994 (Fla. 4th DCA 2004).

MORE TO COME....

Expert:  Maverick replied 1 year ago.

Yes, BBB is a good idea. Also, your main leverage here is that you can get your legal fees paid by them if they lose. In your case, however, it appears that your damages may not warrant the hiring of a lawyer. So, you may want to fire off a demand letter citing the law I gave you and threaten suit to the main office if they don't make things right.

Here is there contact info.

Also you can file or threaten to file a complaint with the FLA AG's office here.

The Attorney General may bring an action to obtain a declaratory judgment that the practices violate FDUTPA, an action to enjoin one from violating FDUTPA, and an action on behalf of one or more consumers for actual damages caused by an act or practice in violation of FDUTPA, if it serves the public interest. § 501.207, Fla. Stat.

In an action brought by the Attorney General under FDUTPA, the court may order other appropriate relief at its discretion. § 501.207(3), Fla. Stat. • Anyone who willfully violated FDUTPA is liable for a civil penalty of not more than $10,000 for each such violation. Willful violations occur when the person knew or should have known that his or her conduct was unfair or deceptive or prohibited by rule. §(###) ###-#### ***** Stat. • Violations involving senior citizens over 60 may result in a civil penalty up to $15,000. §(###) ###-#### ***** Stat.

You may also file suit in small claims court for breach of contract or violation of FDUTPA - here is the info.

The other option is to file online complaint to sites like the BBB and this one.

This type of negative publicity or threat of it in your letter often gets things resolved in a hurry.

Expert:  Maverick replied 1 year ago.

Please assign a feedback rating for this answer so that JA will compensate me for my time. Thank you.

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