I have had this for probably 2 weeks now, the set temperature for the refrigerator was at 37, then I put in thermometer, said it was 40, finally I set it to 33, lowest setting, it got down to 36.7, then up to 40.3.  The freezer works, the temperature for the fridge is worthless.  Yes, the back of the fridge is over 3" from the wall, so it has room to run.