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Richard, Attorney
Category: Business Law
Satisfied Customers: 55275
Experience:  32 years of experience practicing law and a businessman.
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I bought a mattress from Sleepys for $1800. the mattress came

Customer Question

I bought a mattress from Sleepy's for $1800. the mattress came on time but it had two sink holes in it where people normally lie. I told the salesman and he ordered a new one but I was very upset that they tried to give me a defective or used mattress so I told him to cancel the order. he referred me to the toll free customer service line and they said that I could not cancel the order that I already signed for the mattress and that they would send a replacement. I told them I did not want a replacement and did not want to deal with a dishonest firm. I put in a dispute on my Visa that I used to purchase it. Do I have the right to cancel?
Submitted: 6 years ago.
Category: Business Law
Expert:  Richard replied 6 years ago.

Good morning. Yes, you have the right to cancel it if the company tried to deal with you in a deceptive way by sending you a used mattress. If this does not get cancelled through VISA or through the company, here's what you should do..... Send a certified, return receipt requested letter demanding that your money be refunded to you within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a claim for the return of your money. Be sure to specifically mention that you will be filing this claim as a deceptive trade practice action, which will entitle you not only to the return of your money, but also an additional amount equal to 3 times that as punitive damages for their deceptive action of delivering a used mattress when you purchased a new one. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 6 years ago.
did not help.
Expert:  Richard replied 6 years ago.
I'm sorry. I'm not sure what you were hoping for, but in this civilized society of ours, if the company will not refund your money voluntarily, which they have not, your recourse is through the courts. It is not a criminal matter. And, the punitive damage award feature of the deceptive trade practice action is intended to compensate folks for bad actors. But, you can't simply go in and shoot them. You take care.