Legal Question in Consumer Law in Wisconsin

I bought a mattress from a mattress seller. I asked before purchasing what if I didn't like it and what was the return policy if there was one. I was told all sales are final and it's in store credit only. We chose to purchase 2 mattress and 2 box springs. One of the mattresses turned out to be really soft and nothing like the floor model. I called them and said that one mattress was nothing like the floor model and we would like to exchange it for a more firm one even if it cost us more money. We were told that because we took the plastic off we could not return the mattress. I told him that he did not disclose this information about the plastic, or I wouldn't have bought the mattress. What does all sales final, in store credit only mean? He will not honor a replacement of a $800 mattress and there isn't anything written about removing the plastic, or was I told about it.


Asked on 12/12/18, 11:29 am

1 Answer from Attorneys
JAY Nixon nixon law offices

For something as personal (and potentially hazardous" as used mattresses, the "no returns" after removal of the plastic policy is understandable. That being said, however, if they defrauded you by selling a different model than the one you purchased in the showroom, you could definitely sue them for consumer fraud. Be sure that your attorney agrees that you have enough evidence to prove the case before you start, however, or you could not only lose but could end up paying their fees if your claim is found to be frivolous. Ideally, a smart consumer would take lots of phone pics of what they purchase, particularly the model details on the label. Without those, or at least good notes as to what you thought that you were buying, you might have problems in court.

You can see my past answers to similar questions on AVVO , or see over fifteen years of past answers at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html , www.jayknixonlaw.com, or http://www.lawguru.com/answers/attorney_control_panel/answered. Answers are not intended as legal advice, may contain attorney advertising materials and may, along with questions, be used in public attorney advertising materials, unless you request otherwise. All answers and questions on public websites are public documents which do not enjoy attorney client privilege.

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Answered on 12/25/18, 5:43 am


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