Legal Question in Consumer Law in California

Re: ''protection plan'' on Sofa

You keep using words like telling and explaining when you should be writing certified letters with return receipt requested. But first Read The Contract to see if the "warranty" covers the type of defect in question. No whining about what the salesman told you if it isn't in the written contract.

Re: ''protection plan'' on Sofa

You must be a cautious and diligent consumer.

Look at the Furniture Protection Plan (FPP) contract, and see what it specifically says is/not covered under the plan. Look at the NOTICE procedure outlined in the contract.

I took at look at the Mathis Brothers website, and it has the following to say:

5 Year Protection Program

"If the consumer�s new furniture covered by this plan becomes accidentally stained or damaged during normal residential use, and the consumer cannot correct the stain or damage using Furniture Protection Plan products and/or procedures, FPP will, at its sole option, clean, repair or replace the affected portion or the complete item with the same or a similar item having a retail purchase price less than or equal to the original purchase price of the affected item.

To obtain service under the Furniture Protection Plan, the owner must report the incident to FPP within five (5) days of the date the stain or damage occurred. It does not cover everyday soiling from normal use, accumulation, multiple stains, unidentifiable stains or spills or damage not attended to properly. Exclusions apply, refer to your plan for specific coverage information."

According to what it took me 2 seconds to find out on-line, you must report the "issue" with the furniture to the FPP customer service - NOT THE SALESPEOPLE AT THE STORE WHERE YOU BOUGHT THE FURNITURE - within 5 DAYS.

What you need to do is immediately follow the notice procedures for reporting the "issue" with the furniture. Do what the contract says, or call the general customer service line. Then, send a letter return receipt requested detailing the issue with the furniture, and memorializing the phone call. (I'm not advising you to lie, but try not to mention if the damage occurred more than 5 days ago)

Don't bother talking to the store manager anymore. It is a waste of your time and energy.

Good luck to you. And, please, be more aware, cautious, and diligent next time.