CHARLESTON – A Kanawha County couple says they were denied the ability to return a mattress and want their money back.
James and Devora Davis filed their complaint September 19 in Kanawha Circuit Court against Sleep Outfitters USA LLC.
According to the complaint, the couple bought a Tempur-Pedic mattress from the defendant at its South Charleston location on February 1 for $4,099. With additional charges and fees, the total was $5,806.67.
The mattress was delivered February 4. On February 6, the plaintiffs told Sleep Outfitters they wanted to cancel the sale and return the mattress because they had discovered several advertisements and listings offering lower prices for the mattress.
But they say Sleep Outfitters denied this option, which they say is a clear violation of state code and the company’s own “Low Price Guarantee.”
The couple accuses the company of negligent misrepresentation, negligence and violating the West Virginia Consumer Credit and Protection Act. They say the company has caused aggravation, annoyance, mental anguish, financial burden and inconvenience.
They seek compensatory damages, attorney fees, court costs and other relief. They are being represented by Michael Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 23-C-837