Consumer reviews and reports on scam companies, bad products and services
Simmons Company
Simmons Company If no Warranty Card Attached What Can I do? Norcross, Georgia
13th of Sep, 2011 by User783446
On December 4, 2009 I bought a Simmons Mattress from a retailer (Mueblerias Berrios in Puerto Rico) among other things. The mattress had a warranty of 10 years. At this moment the mattress has an identation of more than 2 inches in the midle of the mattress, the box spring also has the identation. I complained to Simmons and they sent a technician who confirmed the problem and the damage of the mattress and box spring. On July 29, 2011 I received a letter from Simmons stating that my mattress was not covered by the guaranty because I did not use the foundation stated in the Warranty Card. My mattress is a Queen size and needed a middle support in the foundation. The Claim Number is 491786B. The problem is that THE WARRANTY CARD (that was supposed to come with the mattress plastic cover) WAS NEVER GAVE TO ME BY THE DELIVERY MEN WHEN THE MATTRESS ARRIVED, NOR THE STORE WHERE I BOUGHT THE MATTRESS STATED THE FOUNDATION NEEDED OR TO LOOK FOR THE "WARRANTY CARD" FOR THE SIZE OF THE MATTRESS. I have herniated disks and the condition of the mattress has aggravated my health. Because of the condition of my spyne I was forced to buy another Simmons mattress from Sears. Specially because Sears gives the warranty themselves and requires from Simmons specific construction to the mattress to qualify to sell it through their stores. There are Rules from the Federal Trade Ccommission under the The Magnuson-Moss Warranty Act, Section 102 that state the Pre-Sale Availability Rule (16 C.F. R. Part 702) directs how Simmons should make your warranty available before sale. THIS PRE-SALE AVAILABILITY RULE WAS NOT MET BY SIMMONS. THE FOLLOWING IS A COPY FROM THE FTC INTERNET PAGE "What the Magnuson-Moss Act Requires In passing the Magnuson-Moss Warranty Act, Congress specified a number of requirements that warrantors must meet. Congress also directed the FTC to adopt rules to cover other requirements. The FTC adopted three Rules under the Act, the Rule on Disclosure of Written Consumer Product Warranty Terms and Conditions (the Disclosure Rule), the Rule on Pre-Sale Availability of Written Warranty Terms (the Pre-Sale Availability Rule), and the Rule on Informal Dispute Settlement Procedures (the Dispute Resolution Rule). In addition, the FTC has issued an interpretive rule that clarifies certain terms and explains some of the provisions of the Act. This section summarizes all the requirements under the Act and the Rules. The Act and the Rules establish three basic requirements that may apply to you, either as a warrantor or a seller. 1. As a warrantor, you must designate, or title, your written warranty as either "full" or "limited." 2. As a warrantor, you must state certain specified information about the coverage of your warranty in a single, clear, and easy-to-read document. 3. As a warrantor or a seller, you must ensure that warranties are available where your warranted consumer products are sold so that consumers can read them before buying. (PROVIDED NOTE: THIS SPECIFIC POINT WAS NOT MET BY SIMMONS) The titling requirement, established by the Act, applies to all written warranties on consumer products costing more than $10. However, the disclosure and pre-sale availability requirements, established by FTC Rules, apply to all written warranties on consumer products costing more than $15. Each of these three general requirements is explained in greater detail in the following chapters." My Simmons' mattress was sold by $699.00. IN THAT SAME PAGE THE FTC EXPLAIN "Making Warranties Available Prior to Sale" "What Manufacturers Must Do If you are a manufacturer and offer written warranties, you must provide retailers of your product with the warranty materials they will need to meet their requirements as described above. There are any number of ways to do this, including: providing copies of the warranty to be placed in a binder; providing warranty stickers, tags, signs, or posters; or printing the warranty on your product's packaging. As long as you have provided retailers with the warranty materials they need to comply with the rule, you are not legally responsible if they fail to make your warranties available." Simmons did not honor my warranty or explained how they informed MUEBLERIAS BERRIOS the retailer to inform me as customer about the requirements to install the mattress. THEY FAILED TO COMPLY WITH THE RULES OF THE FTC.

Post your Comment

Complaint Details


Get new code


 

Recently Updated Reports

1
1260 days ago by thestoryofdianegerrish
goldendoodle world - goldendoodle world lake ridge kennels Vulgar,...
I just came across this page a few minutes ago. I am Sandra Johnson and although this page was...
2
1484 days ago by freeinfofraud
Bitky.io - Unable to withdraw funds
Bitky be Aware! Unable to withdraw money! Bitky idoes not allow you to withdraw your funds, do...
4
1489 days ago by ned l.
Bi Polar Bullies - Bi Polar Bullies Kennel Karen Wolfe BUYERS BEWERE OF THIS...
thank you for bringing this to my attention...my name is Karen Wolfe, i'm the owner of...
7
1489 days ago by ned l.
ServiceMagic ServiceMagic scams and cheats contractors...
Jason - I'm sorry to hear about your experiences with your leads recently. The leads that...

Top Reports

     

User Registration

Already a ScamExposure.com member? Log in now.
Username
E-mail address
Password
 
Get new code

User Registration

A confirmation email was sent to "".
To confirm your account, please click the link in the message.

If you don't see the email in your Inbox, please check your Spam box.

User Login

Not a member of ScamExposure.com? Register now.
E-mail address
Password
Forgot your password?
E-mail address
Back
Loading, please wait...
Your password has been sent to the specified email address. Log in