Ashley HomeStore

*My name is Kim Dhabalt. Please read this email thoroughly, before jumping to conclusions or having your people just start calling me. Make sure you understand the fine details of my request.

Mike & Sheila, we entered into a Sales Contract on Feb 2, 2019 for a Beauty Rest Queen Mattress. I believe it is an Inner Spring Mattress. Our Sales Contract # is [protected]. Due to our Sales Contract, my contractual agreement was to secure payment, before you would honor your end of the contract. I secured payment using my Debit Card. However, I as the consumer, you put me in a position of not knowing if you are going to be Honorable, on your end of the Contract. You force us to trust you. You force us to trust that you will deliver New Condition, Good Quality Furniture and Honor the 10 Year Warranty and 1 year Labor Warranty.

As per our Sales Contract, you delivered my furniture. Things seemed good for about a year. Maybe a little less. I was wondering for some time, what is happening. Why am I not sleeping as comfortably, as previously. It took some time for me to realize that my Mattress was sagging.

I called your people immediately, about July 26, 2021 and then filed a claim for Warranty. Sent Pics on Aug 7, 2021. You charged me a Fee of $50 to have a Technician come out and evaluate my sagging mattress and that was approximately Sept 3, 2021. He ran some string across the Mattress and said that the Sagging has to be 1.50"or more. Per his string measurement, he stated that it was only 1.25". I watched and questioned his skills and measurement tactics. I had nothing to compare to nor did I have the proper tools to counter his measurement and somewhat slacked string and how he went about to find spots that were not sagging 1.50". Since your technician was at my house, I have been able to speak with different Agencies and advised what to do to show that this was fraudulent, so you don't have to replace the Mattress, per your warranty. In addition, I have also duplicated the Technician's technique of measuring the sag and you will see from the pics, that I have at least the 1.50" Mattress sag, which qualifies me for the replacement. I understand that I am responsible for Labor charges, but since you are needing to replace it, that charge is nominal. You may need to deliver it to my home and that's it. I am very aware of the tactics you may try to use to excessively charge me. Those will not fly, as I am filing charges with the following agencies, but not limited to: US Attorney General, OK-WI Attorney General, Federal Trade Commission, BBB, The District Attorney, Consumer Affairs, Illinois Dept of Goods and Services, Facebook, YELP, Google, Trust Pilot, National and Local Media and others

I will provide pics of the measurement of the Sagging Mattress, for your records and review. I expected you to honor the Warranty. However, since you didn't want to do things right, it is a Breach of our Sales Contract and the Contract is now Null and Void and I am in the right for a Refund. It will also be considered Fraudulent Business Practices, making promises and offering Warranties that you don't want to honor.

I would like to know the Technician's Skill Level, Training and Certifications that qualify him as an expert or Qualified Mattress Expert? How long has he been evaluating furniture, where did he receive his training? Does he understand the difference of pulling the string tight or letting it lay a little loose? As we are aware, a loose string, will drastically change the results. Just a faction loose can sag the string to reflect whatever you want. Well, as I mentioned above, I have pics of me doing it properly. I ran a tight string across the mattress, per the Manufacturer's recommendations. Here are some pics for your review:

As you know, Mike & Sheila, I'm not the first complaint against your Franchise, nor the first thousandth complaint against your Ashley Furniture Brand. The Internet is full of complaints of how Ashley HomeStores repeatedly Rip Off Consumers, Breaching the Sales Contract with them, using Fraudulent Business Practices and Bullying them all for your Financial Gain.

After reaching out to a few Government and Consumer Agencies, I've been given advise and told to file Criminal and Consumer Reports. In addition, I was told to let you know the following Federal Lemon Law, which is in addition to Consumer Laws.

The federal lemon law applies to all new products with a purchase price of $15 or higher and thus extends to furniture covered by a written warranty. The federal lemon law is called the Magnusom-Moss Warranty Act. It requires manufacturers to provide clearly written warranties detailing the terms and conditions. In addition, consumers receive certain protections under other federal and state laws.

The law
The Uniform Commercial Code, fully adopted by most states, stipulates that most new consumer products come not only with an express warranty, but also with a so-called implied warranty of merchantability. That is an automatic, unwritten promise that your purchase will perform as commonly expected, including that it will last a reasonable amount of time given the nature of the item. In most states, implied warranties are in effect for four years, although that doesn't necessarily mean a product must last that long. Implied warranties apply to retailers and manufacturers and may be broader than an express warranty.
If you have a problem with a product that you think is the result of an inherent defect, let the manufacturer or retailer (preferably a supervisor) know that you'll take its failure to resolve your complaint as a breach of the implied warranty and breach of contract. If you don't get satisfaction, you may be able to assert your rights through a credit-card chargeback. If that doesn't work, send a letter threatening legal action. You might need to file a small-claims-court action or consult a lawyer.

If you think I will just take it and go away, you're wrong. I understand my rights, now, and have done plenty of research, as you can see. Add in the Lemon Law, your Breach of our Sales Contract and Fraudulent Business Practices to Victimize me, I am demanding a Full Refund (every penny). Since you did not want to help me or replace the sagging mattress. Now, it's too late to come back and say you want to replace your broken furniture. You Dishonored My Trust with Ashley Furniture HomeStores. The damage is done! I want you to pick up your Mattress and just refund the Mattress Purchase, back to my Debit Card, within 5-7 days, since you Breached our Sales Contract. Since this is a Breach of our Sales Contract, you cannot charge me any fees (Cancellation, Restocking or any Fees). In addition, to the Refund of the Mattress Purchase, I am also entitled to the Refund of the additional $50 you charged me for the Technician. I am demanding that you be honorable and finally do the right thing, as I file Criminal and Consumer Charges.

*You will respond, Via Email, and acknowledge my Order Cancellation, Schedule the pickup of your Furniture, at my convenience and provide a prompt and refund, including the $50 fee you charged me for the Technician. Contact me Via Email, to discuss scheduling the pickup of your Mattress. I am requesting a pickup receipt at the time your drivers are here to pick up. Don't try to schedule another Technician visit or try to squeeze additional fees from me, you are not entitled to such liberties. You will refund me the Mattress, Taxes and Delivery Fee, due to the hassles you have put me through.

Mike & Sheila, don't tell some Representative of yours to blindly call me and start asking me what happened or to make me rehash this experience. The only Agencies I will rehash the details with is with those who I file my Criminal and Consumer Complaints and/or updates. You already know the story and you have all the information. They don't need to ask me questions, except what date and time to schedule the pickup of your Mattress. You will need to confirm how much you are refunding, so that I can be comfortable that I will not be cheated any further and by what date you will refund my Debit Card. I will not accept any type of Store Credit, Reselection, or Gift Cards. The only acceptable resolution, after your Breach of our Sales Contract, your Fraudulent Business Practices and Victimizing Me, is a Full Refund. That includes your Mattress, taxes, delivery and/or any other charges I paid to you (like the $50 for the Technician Visit).

Mike & Sheila, I am not going away and will do what I need to do to ensure that I can influence as many people as possible, to never shop the Ashley Furniture Brand. Including, visiting your store locations, talking to your customers inside and out and share my experience along with the thousands and thousands of complaints filed about Ashley Furniture. I'm sure that you will lose more in sales, than my order is even worth to you. You can be honorable, contact me Via Email, pick up your furniture and provide me a full refund quickly, including the additional, $50 you charged me. Effective immediately, I am filing complaints, as I mentioned above. As soon as I have the Refund back in my bank, I will update those agencies letting them know you were honorable, at the end.

Contact me Via Email and let me know what your scheduling looks like for you to pick up of your Mattress and refund the Mattress, Taxes, Delivery Fee and the additional $50 Technician Fee. Don't have your people call me and asked what happened. I shouldn't have to explain what happened to anyone, anymore. Mike & Sheila, you are the owners. You can be honorable, but will you? Reminder, I will not accept any type of Store Credit, Gift Cards, Discounts or Promises.

Kim Dhabalt