• Report: #259495


  • Submitted: Sun, July 08, 2007
  • Updated: Sun, July 08, 2007

  • Reported By:irvine California
1900 Beaver Ridge Circle Nationwide U.S.A.


*Author of original report: Follow up on Simmns Mattress Fraud

*Author of original report: PISSED AT CARMAX

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Be real clear about this, Simmmons Mattress Company makes bad mattresses. Not only that, but they do not honor any part of what we as a consumer understand to be a "warranty". See, they have a loop hole...it's called finding any kind of stain they can because this voids out any warranty. A drop of coffee; blood; anything...warranty gone! They tout a ten year warranty. These mattress manufacturers have less credibility than a car salesman or an attorney.

Now here's my beef. I bought a Beauty Rest about 15 months ago. The fabric is deteriorating. Yes, it's splitting; separating; tearing; erroding; corroding...anything you want to call it. It's nearly in shreds. (I'll be happy to email you photo's if you like!)

Guess what?? When I called the company, they said that the warranty doesn't cover the "fabric" because this is not considered a "workmanship" defect. "Huh?" This mattress is in shreds...it's a piece of junk and I'm not talking the cheap model! Simmons is obviously buying cheap crap materials from China that has no quality and they refuse to stand behind what they imply as a "Warranty". Simmmons clearly falls under the RIP OFF company of the year for me.

Forget about the stores supporting you. They pass you on to Simmmons.

Ya gotta love this. I filed a complaint and wanted to exercise my rights under the warranty. When I spoke with Amy Breazel, Consumer Service... "Supervisor" I want you to know...she basically told me I'd see a new mattress when hell freezes over. She even "thanked me" for giving her the oportunity to serve me. I felt like I just came from the Proctologists office!

Bottom line is this...DO NOT BUY A SIMMONS MATTRESS. They are not reputable; they make junk; they sell junk; they imply false warranties which they have no intention of ever honoring. Trust me, this is not an isolated incident. If you are considering buying a mattress, DO NOT buy Simmons brand.

Okay, now I've come to grips with the reality that I'm not going to get anything that has any resemblance of "what I expected from a warranty".
So I get this email from another consumer that's also had it with Simmons. He's starting a "class action" lawsuit against Simmons and he didn't have to ask me twice. Better yet...doesn't cost me a nickel....or you either!! Send me your email address and we'll get you on the list. At the very least, we hope to get a new mattress or a refund. Those participating in the intitial class action can also be a part of any punitive damages awarded. Any claims you file on your own, you would not get any of these benefits. Do you like FREE?? (Don't throw away your mattress though!)

I've had it with this friggin company! Contact me by email as soon as possible and lets show this company that we've had enough and are not going to take it any more.


irvine, California

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

This report was posted on Ripoff Report on 07/08/2007 07:31 PM and is a permanent record located here: http://www.ripoffreport.com/r/SIMMONS-MATTRESS-COMPANY/nationwide/SIMMONS-MATTRESS-COMPANY-SIMMONS-MATTRESS-COMPANY-DOES-NOT-HONOR-THEIR-WARRANTY-GET-IT-259495. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

Follow up on Simmns Mattress Fraud

AUTHOR: Don - ()

Oh ya Simmons, I'm still around to let the world know what a ripp off you are. Don't belive me, go to Google and type in Simmons complaints. You'll need a whole day to read about 1,000 complaints.

Stupid me, I did it again. This time I bought the top of the lin $3500 mattress + box spring set with all the covers etc to go with the warranty. Well, after only 4 years, I've got serious sinking. Feel free to contact me via RipOff. Simmons won't do anything so be aware before you buy.

My recommendation is to find a "local manufactuer" that you can hold accountable. Good luck. 

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#2 Author of original report


AUTHOR: Don - ()

 Dude: First of all, there are two sides to every story. I believe you and I believe it was an accident. You need to calm down. You keep talking about not returning the loaner car until you are completely satisfied. Should you do this, they will charge you with GRAND THEFT AUTO, believe me. Oh, sorry, I'm a used car Dealer. Mistakes happen #1. You are absolutely correct that the dealer should have veriified the pay off on your trade. This is a huge mistake for the dealer. Not that I'm calling you a liar, I just find it hard to beieve that this didn't happen.

Carmax is a huge dealer and they don't have room to store all of the trade ins they get every week. They have their own auctions and here in So.Cal, they have two auctions a week.  So here is your resolution. They have not done anything illegal, just a mistake. Now, they need to pay you what the true value of the car is worth. This is real easy. Ask them how much they sold the car for and you can tell them that you want to confirm it by seeing a copy of the title transfer called a 262 (form).   This is all they are obligated to.

Now if you owed more than what they sold it for, "yes" you still have to pay the lender on that car. I suggest that you call the lender and follow up in writing via Certified Mail (receipt). This way everything is confirm.  My guess is you may owe the lender on your trade in more than what Carmax sold it for. If this is th case, then YOU are responsible for paying the original lender any of your negative equity. I don't see a date on your complaint so this may already be over.  If not, I strongly urge you to calm down and be courteous to CARMAX; find another car that you like; and let them make you a good offer.

For example, once you know what they sold your trade in for, tell them that you'll walk "satisfied" if they discount the price of the new car by $1,000. They will laugh. Try to settle at $500. So you just made an extra $500 which is about $10 a month difference on your payment. Let's be real. They can't get your old trade in back and it probably was a piece of junk because that's why you were selling it. If it was nice, the Carmax would have kept it and"re-sold it". I'm telling you, Carmax doesn't owe you anything; they haven't broken any law; they screwed up big time and somebody is going to get their butt kicked at Carmax. If you are thinking of suing them, please forget this idea.

You will lose and waste your time. Try to get a bigger discount on a different car that they have. Better yet, tell them that all will be forgiven if they give you a fre warranty for the full term of your loan. This would be great. Make sure that your co-pay is no more than $100 and you can take the car to any repair shop of your choice.   If you go back to Carmax with a bad attitude, you are going to lose big time. Do it my way and you'll come out so much further ahead. Trust me, you don't scare CarMax and if you don't return their loaner to you, they will call the police for GTA. You will be in jail within 24 hours.

Whats funny is, my name is Don and I used to live in Irvine. Now I own my own dearership. I'd like to hear how you made out. Drop me a line at (((link redacted))) CALM DOWN. Just do as I said. Find another car; tell them that with your trade information; if they give you a $1,000 discount, then you'll be happy.  If not, negotiate to $750; then to $500 if you must. Now you've got a good deal and ended the fight and move forward. Or better yet, like I mentioned, pick anothe car and tell them that you'll pay the sticker price; plus your trade in; but you want a FREE Warranty for the term of the loan. It'll be a Power Train Warranty and thiis is fine. No more thant $100 co pay.  Let me know. Be Cooool. 

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