Seeking industry professional for help with an expert statement

Hi - I’m looking for a statement from a professional who is currently working in the mattress industry. It will be in support of claim I am making to settle a dispute, and I have been tasked with finding a 3rd party. Will not take more than a few minutes and can be done remotely. If you are willing to help, please let me know. Thank you so much in advance.

New York, NY

Yikes! That’s actually a lot to ask, I assume I’m not speaking only for myself when I say with such little information to go on, why would we choose to involve ourselves legally in another company’s trouble?

I am sorry for your situation. No one likes trouble. Perhaps if you contact companies directly with more information on what you need from them, you would get your desired response.

Thank you for your reply. I have physical proof (here are just 2 of many photos) that the mattress delivered was not the mattress on the floor. Very obvious they are different. And yet the credit card company managing my dispute says that since I’m not an expert, they want a professional to say that yes, these are different. It’s silly because anyone who can read can see it. But it’s that easy. That’s why I’m saying there’s not a lot involved. Sooner I get this done, sooner the dispute will be over and I can buy a new mattress and stop waking up with back pain.

Hi suzan,

I think you forgot to attach the pictures to your post. If you are having difficulty attaching them you can also email them to me (at the contact link at the top right of the page) and I can attach them to your post for you.


Sorry Phoenix - I wrote a longer replay and attached the photos but Verizon was having outages last night and looks like only part of the post went through.

What I originally wrote was essentially that I have physical proof (inc the two photos that hopefully attach this time, and I have more) proving that the bed delivered does not match what was on the floor. I am trying to get a refund via my credit card company, who already got a response from the retailer. Now Capital One is waiting for my response, and they state that because neither they nor I am industry professionals, I need someone who is in the business to basically verify the discrepancy. It’s pretty evident in the tags so it seems like a straightforward ask and given the pics could be done from anywhere. Cap One has some particulars surrounding the statement but I thought I could reach out to this community which does include industry professionals.

I’ve had one very kind person reach out to help, so fingers crossed this works and I can get this wrapped up.

Hi suzan,

The pictures of the law tags you attached are clearly for two different mattresses.

I’m glad that one of the members here reached out to you.


Thank you. Yes, I am waiting for the statement to attach to the letter I am writing now.


Based upon the law tags presented, these are definitely two different mattresses.

While you wouldn’t think it to be the case, many stores reserve the right to substitute a product that they claim to be similar to the one that you ordered, and they will often include this in their standard boilerplate legal disclaimers on the back of their invoices. This has never made sense to me in the mattress industry, as you are taking the time to find an item that best suits your individual needs.

Many brands will make “running changes” in their lines, updating or slightly altering the foams and configurations of their products within a current model lineup. When this happens, even though the feel of the slightly altered mattress may be similar, it should be the responsibility of the store to sell off their old floor model and replace it with a current one that is accurate and represents what will be delivered to your home. This differs from the slight change in feel that you will experience with every mattress produced in a current lineup, as there will always be variations in the pour/feel of the foams used. What you’re dealing with here is a change in the actual mattress specifications.

Without personally seeing or trying out the mattresses for the tags your posted here, it is enough of a difference that I would personally request a refund or be allowed to select a new mattress from that store.

Thanks Jeff for your reply.

Definitely fighting for a 100% refund (including all shipping charges) via my credit card, because Sleepy’s does not do returns. They only do “comfort guarantee”. I did allow them to do an “even exchange” and the 2nd delivered mattress was equally wrong (different from what is on the floor). So I do not trust that anything I see on the Sleepy’s floor is what will actually be delivered to my home. Sleepy’s is also deferring all responsibility for this to Simmons, when you’d think that Sleepy’s should be accountable for what is in their warehouse, what is on their floor, and what they put on the truck to the customer.

Unfortunately, I have to wait all this out before I can spend any more money on a new mattress, although believe me, I’ve been testing everything I can, whether in the overall NYC region or even in Broward County when I visited my mom last month. I am in so much back pain right now - every since day, pain pain pain. I need this be over. I don’t know how companies can legally get away with this.

Capital One is requiring me to get the 2nd “expert” opinion in a letter on company letterhead (essentially almost exactly what you posted). I believe another forum reader is providing that today. If that doesn’t come through, would you be open to just putting this in a separate document that I could submit? (They have a couple of other requirements about “fixing” and “cost” which aren’t relevant per se but have to be addressed in some way.)