Consumer complaint received 2025-01-24 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: ALLY FINANCIAL INC.
State: CO

Complaint narrative:
On XXXX I placed an order for a XXXX XXXX XXXX Full Size memory foam bed-in-a-box mattress with stated dimensions of XXXX inches long by XXXX inches wide by XXXX inches high. 
A mattress was delivered Saturday night XX/XX/year>. I left it unopened overnight in a warm room to reach room temperature. 
Opened box Sunday morning XX/XX/year>. Placed plastic-encased mattress atop an old 8 '' full mattress being used as a box spring, which is on top of a full-size metal bed frame. Removed plastic wrap from mattress at XXXX XXXX. At XXXXXXXX XXXX on XX/XX/year> the mattress measured 77 '' long x 53 '' wide x about 9.5 '' high ( height varied from place to place, being lowest at the bottom/foot corners and highest about 1/4th from the top/head ) .An insert that came with the mattress states " Please allow 48 hours for full recovery ''. 
At XXXX XXXX on XX/XX/year>, 48 hours after plastic was removed, the mattress measured 77 '' long by 54 '' wide by from 8.5 '' to 11 '' high. I did not order a mattress of that size. The mattress I ordered measures 75 '' long x 54 '' wide x 12 '' high. I did not receive what I ordered.

FTC regulations state, under topic Your Rights When You Get Unordered Merchandise, " By law, companies cant send unordered merchandise to you, then demand payment. That means you never have to pay for things you get but didnt order. You also dont need to return unordered merchandise. Youre legally entitled to keep it as a free gift. '' (
https : //consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products ) Per FTC regulations I do not have to pay for or return the mattress I did not order. I did not receive what I ordered and should not be charged for merchandise I did not receive.

On XXXX XXXX XXXX I called XXXX XXXX XXXX XXXX XXXX  answered the call. I asked to speak to a supervisor. XXXX then took my call. I explained that I was due a refund per FTC regulations. I was put on hold. When XXXX came back she said they " can't do a returnless refund '' and said I should dispute the charge with my credit card issuer. 
On XXXX at XXXX I called Ally Credit Card XXXX. At XXXX I spoke to XXXX with the Non-Fraud Engagement Dept . I explained the situation. He filed a " not as described '' dispute. He said I'd get a letter within 10 business days.

Not having received any letter from Ally Credit Card I called them back on XXXX at XXXX. XXXX took the call. She said the dispute was on pause because they needed more information. She transferred me to XXXX of the Non-fraud Engagement Dept. I gave him the measurements of the mattress and told him that the expanded mattress, which weighs about 50 lbs, is too heavy and cumbersome for me to return ( I'm XXXX and live alone ). I told him I'd taken several photos of the mattress with a measuring tape as proof that my assertions are factual. I asked if he wanted me to submit the photos and he said it wasn't necessary. I told him FTC regulations say I don't have to return or pay for unordered merchandise. XXXX said I'd get something in the mail within 30 business days. 
On XXXX I retrieved my mail from the community mailbox and there were 2 letters from Ally Credit Card dated XXXX. One stated they needed more info. I wasn't sure if that still applied so I called them at XXXX. Despite having chosen the " disputes '' menu option the person who answered, XXXX, said she was with Customer Service. After I explained the reason for my call she transferred me to Disputes. XXXX took the call. I explained everything yet again. XXXX said the case was " closed out '' as of the XXXX. I was again grilled about any attempts I'd made to return the mattress. I explained that I'm XXXX, have no one to help me, and can't possibly roll up and compress an expanded mattress so it will fit back in its box. I can't manage a 50lb cumbersome item down the stairs, I can't fit it in my car... it's impossible for me to return it. I told him I wasn't required to return it per FTC regulations. He continued to state that if I didn't attempt to return the mattress ( which I did not order ) my dispute would likely not be approved. He said he would send my case " up for review ''. He gave me a fax number and a mailing address ( I can use either option ) to submit more information. Instead of complying with FTC regulations ( as other credit card issuers have done for me in the past ), Ally Credit Card is forcing me to go to the time and expense of printing out photos ( they don't provide an email address for submissions ) and then either faxing or mailing my additional info to them. I don't know if I have faxing capabilities anymore so will likely have to mail the documentation, incurring further expense on my end. ( XXXX XXXX XXXX XXXX XXXX XXXX so these additional expenses are a burden. )

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation