Need some help going up the chain!

I’m sure I’m not the first person who has bought a clearanced mattress and THEN found out that it was a second hand mattress but here’s the story. We bought a beautyrest elite from Mattress Discounters and it was a clearance mattress. I was ok with the as is policy because I assumed it was a good mattress, we liked the way it felt and such. The problem we’re running into now is that it is 3 months old and we have 2 huge divits where we lay and a big strip of nice mattress in the middle. I called them and because we bought clearanced they said there’s nothing we could do but within this phone call, he said you bought a “second hand” mattress! Nowhere in our information does it say anything about these mattresses being used! If I wanted a used one I could’ve gone to a thrift store. So I’m prepared to write as many letters as possible because not only is there something wrong with the mattress (I understand the whole no return thing here) but I feel like there’s GOT to be something to be done about the fact we weren’t told this was a used mattress.

So do you write directly to the store first? If they just ignore it? How do you know what your next move is and who you write to?

I think this is probably a lost cause but I really want to say at least I tried!

Thanks for any and all input!

Hi Taken_by_clearance.

Unfortunately you are not the first and you also won’t be the last.

Was it sold to you with a red tag (indicating used materials and a rebuilt mattress) or a yellow tag (indicating it was used or a comfort exchange and sanitized) or with white tags (supposedly new but could be a floor model, a defective mattress, a mattress damaged in delivery or otherwise, a comfort exchange that wasn’t sanitized and pretending to be something else, or a clearance item) or no tag at all (to hide whatever it may be)?

Was it sold to you as new or as used? Is there any information on your receipt to indicate what you purchased or that they misled you?

I think the first step is to clarify exactly what you purchased or what you were told you purchased.

If it is clear to you that it was misrepresented … then of course I would tell the store that you want a refund or at the very least to exchange for another mattress that is what it should have been in the first place. Let them know what you believe is fair and stick to your guns.

Be clear about what you suspect happened (or better can prove happened), what you expect them to do, and what you plan to do if they don’t.

Take notes about what you say and what they say. Letting them see you taking notes isn’t a bad idea either. Ask for names.

Let them know that you are prepared to complain to the BBB, online forums and complaint sites, and the state attorney generals office if it’s clear that what they sold you was misrepresented and they don’t intend to remedy the situation.

I would also keep in mind that the comment that you heard may have been meant more generically (such as it was a floor model) rather than a specific comment (they are selling used mattresses). You don’t want to hold them responsible for what you should have known when you made the purchase … only what they didn’t tell you and should have.

The key is that you make it clear that doing what you reasonably believe is the right thing to do will be more profitable to them in terms of time (dealing with you), money (lost sales), and reputation (disclosing what they are doing) than to take a more “'difficult stance”. Be prepared to follow through with what you have said you would do if it’s necessary and then let them know what you have done so they have the chance to correct it and you can say publicly it was resolved.

Clear, reasonable, firm, and determined is your best plan.


The mattress was in plastic (previously opened) and had just a white tag on that bag. They have a comfort return policy on their mattresses unless you buy it clearanced, but it was NEVER said to us, either in person or on our paperwork that these were returned used mattresses. I assumed (and yes I realize very clearly what happens when you assume! lol) that they were either overstocked, or discontinued products. I just had no idea that these companies sell mattresses that other people have already slept on.

So, I will take this information and run with it! Thank you so much for your help, I really had no idea where to start besides calling them and he just kept saying the same thing over and over, you bought it clearanced there are signs everywhere that say no returns, exchanges or refunds but refused to acknowledge that they led had misled us into purchasing something used.

It’s so infuriating!