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I purchased a bed from Conn's a week ago. The nattress has a…

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Hello, I purchased a bed from...
Hello,
I purchased a bed from Conn's a week ago. The nattress has a strong chemical smell & my dad is very severly asthmatic. He's nearly died. When I bought the mattress I was told I had a 120 day Iconfort geruntee. They are now saying I have to keep it for 30 days. My dad brought a note from his pulmonary doctor to the store, the store said they would bring a different model bed today. When the drivers showed up, they had the same mattress whicj had the same awful smell. The drivers said they could smell my mattress the second they stepped into my house. I wouldn't sign for the new mattress given it had the same horrible smell. Well Conn's wouldn't let the drivers take my mattress since I wouldn't accept the new one. It cost over 2,000 & I'm paying 108.00 a month. What can I do? The driver was so kind & moved it to the garage for me. I didn't know~since I was told I had the Icomfort geruntee that their no exchange/return meant defective products too. Also, sales men only told me about the Icomfort gurentee, so I signed where he said & didn't read closely. Never dreamnt customers are forced to keep defective products. What can I do, please? Thank you
Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 2 hours by:
12/18/2017
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 22,792
Experience: B.A.; M.B.A.; J.D.
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Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

I​ am sorry to read about your difficulties.

The seller must take back the defective mattress. When it has a strong chemical smell it is defective. You cannot be forced to keep or take another mattress that has the same chemical smell as the first one.

You need to file complaint against the seller with Better Business Bureau and your Attorney General's Office. if your issue remains unresolved, you may consider retaining the services of a local consumer Attorney to assist you with the case. Most consumer Attorneys would take a case on contingent fee basis. This means that the Attorneys may not charge upfront for their fees and would only get paid if they win the cases for the consumers. Even then most Courts award Attorney fees to prevailing consumers. So, you may not have to pay out of pocket to obtain a consumer Attorney to assist you with the case--to file lawsuit against the seller for unfair and deceptive act and practice.

You can use the following sites to find local consumer Attorneys:

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

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Customer reply replied 8 months ago
BBB said they won't get involved as it's a contract disbute. How is it a contract disbute when the mattress has an awful smell?
Consumer Protection Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

Thank you for the information.

That is not how BBB usually works. BBB takes all costumers' complaints and try to get the parties to resolve the issue. In any event, you still have the other options that I provided. You can pursue those options, that is filing complaint with your Attorney General's Office and filing a lawsuit.

Goodluck with your case,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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