On August 3rd 1997 I placed an order for an "Amanda" model Sofa from the University Avenue Jennifer Convertibles ("Owned and Operated by Jennifer Convertibles, Inc. LPVI") in Palo Alto, California. The sofa was ordered without a bed, and with a different fabric than that of the floor model. I tested the floor model during my visit on August 3rd, as well as on a visit the previous week (July 27th). Although I spent only 5 to 10 minutes on the sofa during each visit, the floor model sofa seemed firm and comfortable.
On September 20th a sofa was delivered. Although it was the correct model in appearance, and the correct alternate fabric was installed, the delivered sofa was dramatically different in construction and quality. The delivered sofa severely lacks proper upper and, most importantly, lower back support and is painfully uncomfortable to sit in. I attempted to overcome this deficiency with pillows and other support, but am unable to turn this torture device into a comfortable piece of furniture. I have never sat in a more uncomfortable sofa in my entire life. I am, as of the writing of this web page, (September 24th) still suffering considerable lower back pain. No other chair or sofa that I sit in seems to exacerbate the pain, however it only takes a few minutes in the Jennifer Convertibles "Amanda" to bring a significant increase in my lower back pain. I hope to be able to get rid of my back pain through ibuprophen and exercise, as I have no history of chronic back pain. I have not sat in this sofa for over 24 hours as of the writing of this web page (10:39 PM, Sept. 24th), and am already seeing some relief from my back pain simply as a result of avoiding the use of this sofa.
After the delivery of this defective merchandise, I noticed an unpleasant odor, like dried stale milk or vomit. After some investigation, I traced the odor to the Jennifer Convertibles sofa. Although I am certain that the disreputable staff of this unscrupulous organization would claim that this foul stench is a result of the "UpholsterySHIELD®" fabric protection treatment, nowhere in the "UpholsterySHIELD®" documentation is there any mention of any potential odor.
In addition to the radical change in design, painful ergonomics, and foul odor, the sofa as delivered shows several instances of shoddy workmanship. Several seams are incomplete and show stitching; loose threads are common; the accessory pillows have objectionably noticeable stitching; the seat cushions cannot be made to line up with the front of the sofa as was shown on the demonstration model, and they cannot be made to line up with each other; and the rear cushions are shapeless unattractive blobs.
On the evening of September 23rd, I returned to the University Avenue shop in order to negotiate for a full refund and return of the defective sofa. The sales associate was rude and argumentative, attempting to explain the difference in comfort to the lack of a bed. Furthermore, he claimed that it was impossible for a sofa to cause physical discomfort or pain, without providing proof of his expertise in orthopedics or ergonomics. (Note, I have since found out that this sales associate is, in fact, the manager, Mr. Mike Thomas. See below for my 1 October update.)
Nowhere in the contract that I was given is there any mention of any difference between a sofabed and a bed-less sofa in construction, quality of manufacture, design or comfort. Obviously, a sofabed ordered without a bed will lack the bed, but that should be the only difference, unless specified clearly in writing in the sales contract or related materials. If Jennifer Convertibles is incapable of producing a sofa with the same comfort and manufacturing quality as a sofabed version of the same sofa, then they should not offer the option.
I have attempted to find a corporate address to whom I should address any correspondence. Their 800 number will not allow you to speak with an operator. I also attempted to find a corporate address and/or phone number from their San Francisco showroom, since I cannot trust their Palo Alto employees, but the salesperson who answered the phone refused. This is a clear indication of the reprehensible business practices of Jennifer Convertibles Inc.
On a document titled "Jennifer's Worry Free(tm) Guarantee" it twice states: "Our Customer Is Our Most Valued Asset." As can be clearly seen by my experiences, this is a lie. As is the title "Worry Free(tm)." I have suffered nothing but worry, physical pain, and emotional suffering as a result of my dealings with the irresponsible individuals at Jennifer Convertibles.It is a rare, but still admirable, practice to assume that the customer is always right and to attempt to correct any problems to the satisfaction of the customer. Jennifer Convertibles Inc. seems to operate under the assumption that the customer is always wrong and sales are unquestionably final, with no desire to stand behind their merchandise. I hope that this web page will cause others to avoid this unreliable company and do their business elsewhere.
I am attempting to find some recourse through my credit card company, and will post appropriate updates on this web page.
First, now that it has been over a week since I've used this sofa, my back pain is almost gone. This seems to me to be proof enough that the pain was a result of the sofa.Thanks to the efforts of some friends, I was able to find out the name of the manager of the Palo Alto store, and I was able to get their corporate phone number: (516) 496-1900. Much to my distress, the rude, argumentative and uncooperative employee whom I met on 23 September was, in fact, the manager, Mr. Mike Thomas. Nonetheless, on 30 September I called again and ended up in the same endless loop of arguments and gain-saying with this individual. I then called their corporate headquarters and found the name, address and fax number of their consumer complaints director:
Phil BellemanHere is the text of the letter:
Director of Customer Care
Jennifer Industries
419 Crossways Park Drive
Woodbury, NY 11797
Company Phone: (516) 496-1900
Comapny Fax: (516) 496-8380
Mr. Belleman,I am writing to you to complain about the horrendously poor treatment that I have been receiving from your Palo Alto, California Jennifer Convertibles store, with a special note to the reprehensible practices of the manager, Mr. Mike Thomas.
On July 27th of this year, I visited the store and tested a few sofas. The following Sunday, August 3rd, I visited the store again and tested some sofas and decided upon the "Amanda" model, which I ordered with a different fabric and without a bed. I spent perhaps 5 to 10 minutes or so on the "Amanda" floor model on each visit. The reference order is CU 7062, salesperson #2071, Michelle (no last name given), on form: "TOP FORM (914)287-0331." Please call if you need any other numbers or information from this form to assist you in investigating my situation.
On September 20th a sofa was delivered. As delivered, there were several loose threads, the throw pillows were very poorly constructed, and several seams were partially open. Although similar in appearance and made with the correct fabric, this sofa as delivered was radically different from the one that I had tested, in either design and/or construction. My immediate response upon sitting in it was that it just felt wrong. After a few hours, I began to feel some lower back pain. As I have never experienced physical pain from the proper use of a product, I didn't immediately stop using the sofa, but continued to try to find some comfort in it, until the lower back pain became unbearable. On September 23rd I attempted a few more adjustments to try to make this torture device into a comfortable sofa, but was unable to find relief. Since this is clearly not the item I ordered, I went back to the Palo Alto store to request a refund and that the defective merchandise be removed from my apartment.
I arrived at the store at approximately 6 PM and I was met by the manager, Mike Thomas, who did not identify himself by name or by position. I explained the situation, but he refused to believe me, and proceeded to argue belligerently with me on every point that I tried to make. He attempted to claim that it was impossible for a sofa to cause lower back pain, but presented no credentials as to his expertise in orthopedic medicine or ergonomics. He claimed that a sofabed built without a bed would be somewhat softer than a standard sofabed, but nowhere in any of the documentation that I have received is this claim backed up. I therefore can only assume that this is defective in design or manufacture. He refused to consider my request for a refund, and refused to offer any assistance except for a weak offer of some polyester padding with which I was to correct the padding. Since Mr. Thomas showed no intention of offering any assistance, and since he did not refer me to a superior with whom I could discuss this situation, I indicated that I might be forced to seek restitution through the civil and/or criminal justice system, to which he replied "I'll see you in court." By this, I will presume that Mr. Thomas is an attorney and is the legal representative of Jennifer Industries. If this is not the case, then I would suggest that you order him to stop representing himself as your legal representative.
Upon my return, I further investigated the defective sofa, and found that it had an increasingly foul odor. Since then, the odor has become nearly unbearable. From my experience in biological and chemical laboratories, it seems that this might be a volatile hydrocarbon that is evaporating or sublimating from the sofa. This is absolutely unacceptable in any product and is yet another indication of the defective design and/or manufacture of this product. Since I ordered the "UpolsterySHIELD®" option, I re-read the "UpolsterySHIELD®" documentation, but found no reference to permanent or temporary odors of any kind. This alone, independent from the ergonomic failings of this sofa, would seem to be reason enough for my request that the sofa be removed and that my money be refunded.
Although your mis-labeled "Worry Free(tm) Guarantee" indicates that your furniture is guaranteed against defects, it makes no mention of design failings or odors, nor does it make reference to rude and belligerent employees. I therefore cannot consider it to be valid guarantee made in good faith. Furthermore, your statement "Our customer is our most valued asset" is, from all of my dealings with your company, untrue, and I strongly suggest that you remove it from your literature, as it further invalidates your guarantee.
It has now been one week since I last sat in your defectively designed and produced sofa, and I have all but stopped suffering from my lower back pain. I have not changed my habits nor stopped using any other furniture, therefore it seems clear that my claim that your sofa has caused my pain has been proven. Nonetheless, earlier today (30 September) I called your Palo Alto store and spoke with Mr. Thomas, who again insisted that he had no proof to my claim of back pain from your sofa, despite having never sat in the sofa himself or offered to inspect the sofa. Since he cannot be trusted to act in the interest of your customers, I must turn to you for a resolution to my situation.
Although I, of course, reserve the right to instigate civil and/or criminal proceedings against your company if such actions should prove absolutely necessary, I would prefer to avoid doing so, and would prefer a simple resolution to my situation: That the defectively designed and manufactured piece of furniture be removed from my apartment and my credit card be credited for the full $843.96 of the bill.
Unfortunately, due to the physical and emotional suffering I have received from your products and employees, I cannot claim that it has been a pleasure doing business with your organization, and will never again purchase from any subsidiary of Jennifer Industries, nor can I in good conscience recommend your company to anyone.
You should expect to receive this letter both through US mail, and as a fax.
On 17 October I received a letter dated 8 October from Tim Smith, General Manager:Dear Mr. Saunders:I signed the release, which was a lengthy bit of legalese (requiring that I not sue them, ever, over this matter) clearly written so that Jennifer Convertibles can yet again cover their corporate behinds. On 23 October 1997 I received a telephone call so that I could make arrangements for the removal of the sofa. The removal will not happen until 1 November, so I will have yet another week to wait for my refund. Although this is an acceptable resolution, it is just barely acceptable, and I still strongly urge that this company be avoided. I consider this matter closed, and now need to go through the process of purchasing a new sofa.Your letter was referred to me for my response. I was sorry to learn of your disappointment with your purchase.
Jennifer Convertibles agrees to issue you a full refund in the amount of $843.96. This refund will be issued via your credit card. Upon receipt of the attached release, signed and dated, we will contact you to schedule a mutually convenient pick up date. Your credit card refund will be processed on the date of pick up.
If you connect to the Securities and Exchange Commission, you'll find their "EDGAR" database, which you can search on "Jennifer Convertibles" and you'll get all the various and sundry forms filed with the SEC on Jennifer Convertibles. Form 10-K from 12-09-1996 is very interesting. If you take the time for it to load, and you head to page 11 (which you'll have to get to through a search, just search for "PAGE" and you'll be able to work your way through the document) you'll find all sorts of fascinating information with regards to class action suits taken against Jennifer Convertibles and information on the SEC's investigation into Jennifer Convertibles.
Starting on 20 February, I started receiving telephone calls, at work, from someone claiming to be a lawyer for Jennifer Convertibles. I, of course, have not answered any of these calls (since I don't take off-campus calls at work) and I will not return this individual's calls. This individual has also called my group's receptionist, attempting to get in touch with me through my staff and attempting to get my pager number so that he could harrass me directly. Fortunately, our receptionist refused to cooperate with this individual. Should these calls continue, I will probably have to involve Stanford's Legal Office, since this individual thinks nothing of disrupting my and my department's regular work environment for his own personal gain. What is most puzzling is that, as you can tell from the above copied letters, I have corresponded directly through the mail with Jennifer Convertibles, so they clearly should still have my home address on file, unless their corporate office's record keeping is a study in gross incompetence. If their legal department wanted to get a hold of me, they could simply send me a letter, which would ensure clear communication and protect all parties from misunderstanding. I can only assume that this individual who is harrassing me is either the world's most incompetent attorney, that Jennifer Convertibles has the world's most incompetent legal office, or that this individual is a fraud who will try to extract money from me. I shall continue to ignore this charlatan until I receive actual written correspondence from Jennifer Convertibles, and shall post an update if needed. I had thought that this whole episode was over when the offending sofa was removed and my credit card refunded, but apparently some individual or group out there has problems with this web page and the information I am providing for the benefit of the public.
Drew W. Saunders
Drew.Saunders@alumni.stanford.org
You may note that nowhere do I use "tm" or ® in reference to Jennifer Convertibles. Well, they don't claim any trademark for their name on any of the materials that I have, or on their newly created web page, so I see no reason why I should defend an un-claimed trademark.Am I alone? To date (25 February, 1998) I have received over one dozen messages from other victims of Jennifer Convertibles, many relaying horror stories worse than mine. For the protection of these victims, I have not posted their messages, but I want to make sure everyone who reads this knows that my experinces are far from unique with regards to the questionable business practices and poor manufacturing techniques of Jennifer Convertibles.
Update (5/5/03): It seems the State of New Jersey sued and settled with Jennifer Convertibles with regards to their fraudlent business practices.
Update 2008: As of 4 March 2008, I have recieved well over a hundred emails from people also complaining of their treatment by Jennifer Convertibles.