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SOUTHEAST TEXAS RECORD

Friday, April 19, 2024

Customer accuses mattress store operator of fraud

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HOUSTON — A Brazoria County woman is suing a League City mattress store operator, alleging fraud.

Nita Judge filed a complaint Jan. 24 in Harris County District Court against Mattress Pal Holding LLC, doing business as Mattress 1 One alleging failure to comply with the Texas Deceptive Trade Practices Act.

According to the complaint, on Sept. 15. 2016, Judge visited the Mattress Pal store in League City, considering the purchase of a new mattress. The suit says an employee assisted her and convinced her to purchase an expensive Tempur-pedic mattress for $5,000 and told Judge if she were dissatisfied, her money would be refunded fully by the manufacturer. 

The lawsuit states the mattress failed to live up to its advertised features and Judge called the manufacturer to return it. The manufacturer would not accept a return, the suit says. 

The plaintiff alleges Mattress 1 One refused to accept the return of the merchandise and induced her to spend the equivalent value on a product that is not acceptable and does not meet her need.

Judge seeks trial by jury, actual, treble and exemplary damages, attorney fees and court costs and all other proper relief. She is represented by attorney Cynthia L. Jones of Newton, Jones & Spaeth in Houston.

Harris County District Court Case number 2017-04733

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