Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

We bought a mattress from a company called mattress xperts

Customer Question
in Ft. Lauderdale. The...
We bought a mattress from a company called mattress xperts in Ft. Lauderdale. The mattress was in excess of 3500.00. It is all natural and organic. We were told that we had a 60 day comfort guarantee and could exchange it if we didn't like it. When we said we wanted to exercise our guarantee 3 days later we were told by the store owner that it was a special order item and could not be exchanged. We called and spoke to the store manager that we originally dealt with and he said to come in and he would do the exchange. After driving 45 minutes to the store he then said that he would not do the exchange.
The store owner has said that she has a signed paper from us stating the we knew the exchange policy. We signed nothing and we have continually asked for a copy of what we signed. Her reply is that it is up to us to keep track of our paperwork.
What legal options do we have against this store?
Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 10 minutes by:
9/16/2015
Consumer Protection Lawyer: CalAttorney2, Lawyer replied 2 years ago
CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney representing individuals and businesses.
Verified

Dear Customer,

I am sorry to learn of this situation.

There is a series of escalating things you can do to deal with this situation. (Some of these you have already done, as I noted in your question, but I am including all of them here in order to be complete)

  • *First: start with the company's customer service and dispute the claim. Keep your complaint in writing. If you speak to someone by phone, follow up promptly with a "confirmation letter" (see my note below).
  • *Second: (you can do this at the same time), if you paid by credit card (not debit card) you can open a dispute with your credit card carrier (follow the instructions with your credit card company). (Some banks do allow for charge disputes on your debit card - but not all, the laws are not the same and debit card purchases do not have the same protections, if you paid by debit card, contact your bank and see if they do have dispute resolution remedies).
  • *Third: open a dispute with the BBB. The BBB offers consumer dispute resolution that is fast, free to consumers, and is usually effective, they have no enforcement authority, but all BBB disputes result in a public report regarding resolution so businesses do respond to them. You can open a BBB dispute here: https://www.bbb.org/consumer-complaints/file-a-complaint/get-started
  • *Fourth: if you believe that the company is acting fraudulently (not just charging high rates), you can report them to the state Attorney General. The AG's office does not prosecute individual claims (so they will not get your money back for you), but they will investigate and potentially take administrative and/or criminal action against the company. Florida AG: http://myfloridalegal.com/pages.nsf/Main/60FD9BD8FA71A5B185256CD1005EE5C5
  • *Finally: you can file a small claims action against them for breach of contract. Small claims actions take approximately 3-8 months to go to trial. There is no guarantee of success in these disputes, but filing a small claims action does open an opportunity to negotiate a resolution (in addition to the above opportunities and can lead to mediation - many courts offer mediation programs for their small claims docket). (Florida small claims handles disputes up to $5,000.00 in dispute, so that will cover your $3,500.00 mattress): http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml

Confirmation letters: Keep written records of all communications - so if you speak to someone by phone, promptly send a follow up "confirmation letter" summarizing your conversation, who you spoke to, when, and any agreements you reached. Keep copies of your outgoing correspondence, as well as anything that you receive.

I wish you the best of luck with this dispute, and hopefully a speedy resolution.

Ask Your Own Consumer Protection Law Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: I am a civil litigation attorney representing individuals and businesses.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I have a company call OMNI Mediation's demanding money for a
I have a company call OMNI Mediation's demanding money for a ill that was supposedly settled. They are threatening court actions and coming to my job to serve papers. Is this company legit? … read more
RGMacEsq
RGMacEsq
Lawyer
Doctoral Degree
582 satisfied customers
I purchased the unlimited vacation club package today during
I purchased the unlimited vacation club package today during my stay at a resort in Mexico. It is essentially a timeshare that I got coerced into buying. I want to cancel it. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Need to speak with attorney regarding complaint against
Need to speak with attorney regarding complaint against SEARS … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I rented an RV last summer which I learned early on in my
Hello, I rented an RV last summer which I learned early on in my vacation was not fully operational. I am disputing a portion of the cost of my RV rental as I needed to rent a hotel in lieu of using t… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
We have a situation with our builder that needs to go to
We have a situation with our builder that needs to go to arbitration. The arbitrator that they have chosen is charging $1,000 administration fee plus $300 per hour. This is a relatively small dispute … read more
socrateaser
socrateaser
1,031 satisfied customers
My husband and I purchased a Unlimited club vacation
My husband and I purchased a Unlimited club vacation membership on October 5, 2017. We came home and researched the club and found it to be a scam. We did not have the complete deposit they requested … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
If I wanted to file a complaint about an internet company
If I wanted to file a complaint about an internet company based in Illinois that failed to refund money to me after I returned an item to them. to whom would I file this complaint?… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I sold a vehicle with a dealer #. I thought I did all the
Hello, I sold a vehicle with a dealer #. I thought I did all the right paperwork. He signed and agreed that the vehicle was As is no warranties. A month later he says he is having issues with the car … read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I am trying to find out how to file a suit against ford
I am trying to find out how to file a suit against ford motor company for denying a warranty claim … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Signed for the purchase of an Unlimited Vacation Club
Signed for the purchase of an Unlimited Vacation Club Membership on 7/25/17 in Mexico and am having doubts about it after reading many negatives of the program online. Have seen online that someone in… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I started a contract with Lowes to build a marble shower
I started a contract with Lowes to build a marble shower with a half wall. they signed the agreement May 5th 2016 and yesterday their contractor was here again and my shower is green board on 2 1/2 wa… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,869 satisfied customers
I was awarded financial aid to earn a master's degree from a
I was awarded financial aid to earn a master's degree from a college in California. I attended from (fall) 2010 until my graduation on (spring) 2012. My Financial Aid Award Letter states that my total… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
In October 2016, I came across who was selling Kente cloth
In October 2016, I came across ***** ***** who was selling Kente cloth bookbags and bomber jackets in a facebook group called Black Artists Connected. We sent a few messages to and frombefore I made t… read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
How do you force a California General Contractor (according
How do you force a California General Contractor (according to their own contract) who is unwilling (and within statute of limitations) legally demand binding Arbitration (They say mediation in contra… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am being sued for an old debt. I became disabled in 2015.
I am being sued for an old debt. I became disabled in 2015. I tried to contact the loan people but all they wanted was money that I did not have. I get only $1060 p/month to live on. Is it too late fo… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers
How do I prepare for mediation in Texas on someone that is a
how do I prepare for mediation in Texas on someone that is a gambler and has done fraud on our home and 401ks … read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
HSBC mediator called and on an old account and said that
HSBC mediator called and on an old account and said that when we signed up for the card we waived the normal seven years expiration and changed it to 20. Is that legal? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I missed our pretrial conference/mediation in Hillsborough
I missed our pretrial conference/mediation in Hillsborough County, Florida. The matter was brought against us by a former tenant because we did not return his security deposit due to damages and the s… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x