Association of Progressive Rental Organizations

Legal Article

Once Upon a Mattress

The message of the Broadway musical (1960) and later TV movie (2005) Once Upon a Mattress is that true love will find a way, princesses are delicate, light sleepers and, incidentally, a good mattress – or 20, as the case may be – is important for a good night’s sleep. The plot is derived from Hans Christian Andersen’s fairy tale, The Princess and the Pea. I hope you know the story; it means someone read to you while you were growing up and you likely had a happy childhood. If not, well, one hopes you have moved far beyond your deprived childhood. Now, on to mattresses.

Mattress rentals have proven enduringly strong during the pandemic and are continuing as the malady wanes. A Midwestern rental dealer told me at RTO World that in May, his company rented more mattresses than TVs.

If people are going to be stuck at home – and there are still millions of employees working from there – they want to be comfortable, and a sure sign of comfort is a good mattress. If people are at home longer, they are going to be in bed longer – sleeping, working, napping, reading, eating, watching TV, and who knows what else. It’s a small wonder that bedding is renting better than ever.

Shopping for a mattress can be a confusing and frustrating process. There are near limitless options, and customers must make choices about materials, fabrication, size, and other variables. You want to give shoppers enough information to make an intelligent decision and yet, not so much that they can’t make up their minds and leave your store bewildered and without renting anything. And the vast diversity in the mattress industry can do that to a person.

Mattresses were once stuffed with straw, hay, leaves, or reeds, and depending upon the culture and climate, were either on the ground or elevated by some sort of frame – be it primitive or ornate. The twentieth century saw remarkable progress in mattress fabrication. Latex foam was first created in the 1920s, with the first latex mattresses being introduced in the 30s. Around the same time, innerspring mattresses modernized and became popular. Memory foam – actually viscoelastic polyurethane foam – was invented by NASA in the 70s and was introduced into mattresses in the 90s. Airbeds gained in popularity around the same time. Hybrids got more popular this century. Well-stocked dealers feature some or all of the mattress variations in their showrooms.

Rent-to-own dealers report that mattresses stick pretty well. The bedroom furniture might come back, and the mattress might end up on the floor, but customers want a good night’s sleep, and that is hard to do without a good mattress.

Mattresses do come back, however seldom, and mattress returns have their own set of issues. At least one major RTO company will not accept mattress returns. If the customer insists on giving the mattress back, the company will arrange for a pickup and delivery to a local charity via third-party transport. This business decided the risks of bedbugs infesting the back room and the danger of transmitting blood-borne pathogens outweighed any gains from re-renting used bedding.

Dealers who do re-rent mattresses often have significant hurdles imposed by state and local health departments, intended to ensure the cleanliness and safety of used bedding. By way of quick example, a few years ago, the Southern District of Nevada Health Department issued a regulation requiring used mattresses to be steam-cleaned under pressure for 45 minutes in an autoclave – even though there were no autoclaves for mattresses outside of hospitals in the district. Rental dealers quickly applied for and attained waivers for their businesses.

The mattress industry has come up with various tools to help dealers with used mattresses. There are waterproof, virtually airtight casings, for example, intended to go on new mattresses before delivery. The casing is then discarded when the unit is picked up, and a new casing is provided for the next rental.

“Make sure your folks on the floor are knowledgeable about your mattress offerings and about any applicable recycling fees you have to collect.”

Customers who rent mattresses may have worn-out bedding to be disposed of before the new rental mattress can be delivered. Mattress returns are sometimes so soiled or otherwise abused that they are not suitable for re-renting. Most mattresses that fall into this category end up in a landfill, but the non-profit Mattress Recycling Council sees that phenomenon as wasteful and wants to change it. The Council maintains that used bedding can be broken down and its parts recycled with relatively little effort, and has been able to get mattress recycling laws enacted in three states: California, Connecticut, and Rhode Island. Those laws impose fees on the sale of new mattresses, designed to facilitate recycling in those states. The Council’s goal is to get mattress recycling laws approved in all 50 states.

Mattress rentals have been on the rise and dealers, generally, are feeling bullish about the sector. Make sure your folks on the floor are knowledgeable about your mattress offerings and about any applicable recycling fees you have to collect. That means training your folks to be able to explain the features and benefits of different kinds of mattresses, and to do more than say, “The mattresses are over there.” Make your displays attractive and inviting. Customers want to try out mattresses by lying on them, and you want to encourage them to do so as often and for as long as they like – short of spending the night in your store. You will need to have health protocols in place for all the lying about, but the payoff will be more mattress rentals and a healthy bump in BOR. Happy renting!

Ed Winn III serves as APRO General Counsel. For legal advice, members in good standing can email legal@rtohq.org.


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Mike Lewis

Mike Lewis is a Premier Rental Purchase franchisee with multiple stores and currently serves as Vice President of Operations. With 33 years of experience in the rent-to-own industry, he has spent the past 20 years working closely with franchisee owners and previously spent 12 years in Corporate RTO, gaining a strong foundation in the business.

For the past five years, Mike has been sharing his knowledge by teaching managers and franchisees at the company’s Training Center.

Outside of work, he enjoys time with his family, kids, and grandkids, and appreciates the simple things in life – especially riding his Harley Davidson with the sun on his face. If you know, you know!

Lauren Talicska

Arona Corporation dba Arona Home Essentials

Lauren Talicska is an experienced multi-channel marketing specialist and the Vice President of Marketing & Communications at Arona Home Essentials. She has found her home in the RTO community, supporting stores in branding, growth, and increasing traffic.

You may recognize Lauren as a former RTO vendor, including her time as a partner for Nationwide RentDirect, or her previous participation in the APRO Vendor Advisory Committee. Lauren calls Columbus, Ohio, home and spends her workday crafting and executing marketing promotions from inception to realization, all while supporting the branding and social media needs of all the Arona stores in 12 states (plus Puerto Rico!).

Charles Smitherman

APRO

Charles Smitherman, JD, PhD, CAE, became CEO of APRO in 2023, bringing years of legal and executive experience in the rent-to-own industry. 

Prior to joining the association, Charles served as COO, General Counsel, and Vice President of PTS Financial Services, where he played an active role in the rent-to-own industry by representing his company through PTS’s club program offering with APRO member dealers. Charles is an attorney with two decades of experience across a wide variety of areas, including RTO, consumer financial services, antitrust, corporate law, mergers and acquisitions, litigation, franchise law, and privacy law. Following law school at the University of Georgia, Charles earned a Master of Legal Studies and PhD in Law from the University of Oxford in England.

Charles is credentialed as a Certified Association Executive (CAE) with the American Society of Association Executives, a Certified Franchise Executive (CFE) with the International Franchise Association, and a Certified Information Privacy Professional (CIPP/US) and Certified Information Privacy Manager (CIPM) through the International Association of Privacy Professionals. As APRO’s sixth CEO in its 45-year history, he brings a collaborative, member-focused approach to association leadership, emphasizing transparency, advocacy, and value creation. Outside of work, Charles is an active ultra runner and open water swimmer.

Mike Kays

Ashley Furniture Industries

As VP of Rental Sales for Ashley Furniture Industries, Mike thrives on building relationships with our RTO industry veterans, and helping businesses grow through new product, new marketing, and new supply chain options.

Mike works to leverage a wide breadth of relationships and influence, intimate knowledge of market trends, and unique knowledge of what RTO dealers need from a supplier to be successful.

The saying goes that a high tide raises all boats, and our goal is to leverage the world’s largest furniture manufacturer to drive the continued growth of the RTO industry and all the suppliers.

Mike Tissot

Countryside Rentals Inc., dba Rent-2-Own

Mike grew up in the rent-to-own industry under the guidance of his father, former APRO President and RTO legend Darrell Tissot. For nearly 25 years, Mike’s innovative leadership has helped expand the family business to more than 40 stores across Ohio and Kentucky while also shaping the industry as a whole.

He has served as President of the Ohio Rental Dealers Association, an APRO board member and Treasurer, and President and Treasurer of the TRIB Group. His contributions have earned him the APRO President’s Award of Excellence and the title of APRO Rental Dealer of the Year.

Outside of RTO, Mike enjoys time at the lake house or in Orange Beach, Alabama, with his girlfriend, Angela Strong McCool. A passionate Cincinnati Reds fan, he rarely misses a game, whether watching or listening alongside his parents. He also takes every opportunity to visit Arizona, where his daughter is currently attending Arizona State University.