Tag laws, warranty and small claims court

Mattress Talk General Mattresses Questions
1

I need advice/comments about warranty issues and what can be done when a mattress company sells a mattress as new, only to find out the mattress allegedly doesn’t have the proper tags (in Ohio) and that it has been deemed as possibly a previously used mattress (noted by the warranty rep who examined the mattress).

What are the ramifications, if any, for a company that sells a mattress that comes without proper tags (no date of manufacture and other missing information)?

What are the ramifications, if any, for a company that allegedly sold me a used mattress (has a zipper so the top may have been replaced, but the side of mattress is clearly collapsing and even the top has lost it’s resilence in less than 2 months). This is a Dormeo mattress from Mattress Warehouse. Reps believe it was delivered from the factory by mistake instead of a new one. Of course, isn’t it the dealer who’s also responsible for not properly checking?

I don’t want an exchange. I want a full refund.

Ohio law 3713.02 Registration and labeling requirements.

( A ) Except as provided in section 3713.05 of the Revised Code, no person shall import, manufacture, renovate, wholesale, or reupholster stuffed toys or articles of bedding in this state without first registering to do so with the superintendent of industrial compliance in accordance with section 3713.05 of the Revised Code.

( B ) No person shall manufacture, offer for sale, sell, deliver, or possess for the purpose of manufacturing, selling, or delivering, an article of bedding or a stuffed toy that is not labeled in accordance with section 3713.08 of the Revised Code.

( C ) No person shall manufacture, offer for sale, sell, deliver, or possess for the purpose of manufacturing, selling, or delivering, an article of bedding or a stuffed toy that is falsely labeled.

( D ) No person shall sell or offer for sale any secondhand article of bedding or any secondhand stuffed toy that has not been sanitized in accordance with section 3713.08 of the Revised Code.

To be clear, at this time I stated “allegedly” in my above questions and comments.

2

Hi WearyMattress,

While it isn’t against the law to sell used mattresses … in most states (including Ohio) it is illegal to sell mattresses without appropriate law tags attached to them. The responsibility of making sure that the mattresses they sell have appropriate law tags is on the retailer that sells the mattress. The penalties for non compliance can vary from a consent agreement where the retailer agrees to cease and desist from engaging in any practices that are against state regulations, restraining orders or injunctions, to product recalls and restitution and civil penalties as warranted (which can sometimes be substantial).

The regulatory agency that enforces the consumer protection laws in each state is usually the consumer protection division of the attorney general’s office of the state. In Ohio you can file a complaint here.

There is a little more information in post #2 here and post #2 here that may also be helpful.

Phoenix