Consumers allege US-Mattress advertises in-home trial for mattresses and fails to honor it

By Bree Gonzales | Oct 10, 2018

SANTA ANA, Calif. (Legal Newsline) – Two California consumers allege a bedding company falsely advertises an in-home trial and fails to honor it.

Thomas Wheeler and Beth Wheeler filed a complaint on behalf of themselves and all other members of the general public similarly situated on Sept. 25 in the U.S. District Court for the Central District of California against Bedding Pros LLC, doing business as US-Mattress, and Does 1 to 10 citing the Unfair Competition Law and the Consumer Legal Remedies Act.

According to the complaint, the plaintiffs allege on Feb. 17, 2016, they purchased a Phillipsburg II Luxury Firm Mattress from the defendant. The suit states that the defendant advertises a 100 night in-home trial.

The plaintiffs allege they were not satisfied with the mattress and attempted to make a return or exchange, but the defendant informed them that mattresses are nonreturnable and that it would instead charge the plaintiffs to exchange the product for another. They allege they were charged $198 for return shipping and $130 for the difference in prices.

The plaintiffs hold Bedding Pros LLC doing business as US-Mattress responsible because the defendant allegedly misled consumers with its untrue statements about the guarantees and refund policies.

The plaintiffs request a trial by jury and seek an order requiring the defendant, at its own cost, to notify all class members of the unlawful and deceptive conduct; an order requiring the defendant to engage in corrective advertising, actual damages, punitive damages, any and all statutory enhanced damages, pre- and post-judgment interest, cost and attorney's fees. They are represented by Steven S. Soliman of The Soliman Firm in Costa Mesa, California.

U.S. District Court for the Central District of California case number 8:18-cv-01739-DOC-KES

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The Soliman Firm U.S. District Court for the Central District of California Southern Division

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