Abraham Jewett  |  August 22, 2023

Category: Consumer News

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Inside a mattress store, representing the mattress class actions.
(Photo Credit: doublelee/Shutterstock)

Mattress sales class action lawsuits overview: 

  • Who: Sean Phillips filed a class action lawsuit against Brooklyn Bedding LLC and Crystal Johnson filed a class action lawsuit against Emma Mattress Inc. 
  • Why: Phillips and Johnson claim the mattress companies use inflated regular prices to make their on-sale products appear to be at a greater discount than they actually are. 
  • Where: The class action lawsuits were filed in California federal courts. 
  • What are my options: Solace Mattress provides mattress alternatives to Brooklyn Bedding and Emma Mattress. 

Brooklyn Bedding and Emma Mattress list their on-sale mattresses with an inflated regular price on their websites to give consumers the impression they are getting a greater discount than they actually are, a pair of class action lawsuits filed individually against the companies allege. 

Plaintiff Sean Phillips claims Brooklyn Bedding markets its on-sale Leesa brand mattresses and bedding products with purported “regular prices” that are inflated to make the discount appear greater than it actually is. 

Phillips argues Brooklyn Bedding also advertises that the sales are only for a limited time and uses countdown clocks to represent the mattress sales “are on the verge of ending,” despite them allegedly always being available. 

“As a result, everything about Defendant’s price and purported discount advertising is false,” the Brooklyn Bedding class action states. “The purported discounts Defendant advertises are not the true discount the customer is receiving, and are often not a discount at all.”

Phillips wants to represent a nationwide class and California subclass of consumers who have purchased one or more Leesa products that were advertised at a discount on www.leesa.com.

Brooklyn Bedding, Emma Mattress accused of unjust enrichment, violating California law, among other things

Plaintiff Crystal Johnson claims Emma Mattress, meanwhile, sells its on-sale mattresses and other sleep-related products on its website with inflated regular prices to make discounts look greater than they actually are. 

Emma Mattress also uses a countdown clock to represent that the sales are on the verge of ending, despite them allegedly always being available, the Emma Mattress class action alleges. 

Johnson wants to represent a nationwide class and California subclass of consumers who have purchased Emma products that were advertised at a discount on its website. 

Emma Mattress and Brooklyn Bedding are accused of unjust enrichment, breach of implied and express warranty, negligent misrepresentation, intentional misrepresentation, and breach of contract, and of violating California’s False Advertising Law, Consumer Legal Remedies Act, and Unfair Competition Law.  

Phillips and Johnson are both demanding a jury trial and requesting injunctive relief along with an award of treble and punitive damages for themselves and all class members. 

In another case involving mattresses, the Federal Trade Commission began accepting claims earlier this month for a settlement made by DreamCloud to resolve claims the company falsely advertised that its mattresses were made from US materials. 

Have you purchased a for-sale mattress product on the website for Emma Mattress or Leesa? Let us know in the comments! 

The plaintiffs are represented by Christine Cho, Simon Franzini, and Grace Bennett of Dovel & Luner, LLP. 

The Mattress sales class action lawsuits are Phillips, et al. v. Brooklyn Bedding LLC, Case No. 3:23-cv-06770, in the U.S. District Court for the Northern District of California, and Johnson, et al. v. Emma Mattress Inc., Case No. 3:23-cv-01472, in the U.S. District Court for the Southern District of California. 


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4 thoughts onMattress company class actions allege companies use fake sales to drive profits

  1. Kyle Chauvin says:

    February 2023 I bought an Emma original mattress. It was priced at $1500 but on sale for 50%, for $700.
    Now, in February 2024 I am trying to return my mattress using their 365 night trial, and they said they would accept the return at 5% refund. Thats $35 dollars of the $700 I paid.
    On their website, their mattresses are currently listed normal price at roughly half of what is was a year ago. But they’ve also had the exact same “year end sale” ending in 20 hours for the past 3 days.
    It is quite clearly faked for getting more sales, but I am mostly upset that I currently cannot at this moment I cannot return my mattress as per the advertised 365 night trial. (No where on their FAQ does it say how much you will be refunded, so naturally people would assume that means a full refund. Like a trial.)

  2. Mike Yerbich says:

    Add me please

  3. Jennifer Szachnitowski says:

    add me

  4. Rachelle Estep says:

    2021 I purchased what I thought was a USA made mattress

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