Wayfair Class Action Says Headboards Infested With Bed Bugs

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A Wayfair customer has filed a class action lawsuit against the online home goods store saying the company’s headboards are infested with bed bugs.

Lekisha Nicholas says she purchased a headboard from Wayfair in May 2016.

The Wayfair class action claims the headboard was infested with bed bugs when Nicholas received it, but she was unaware of the infestation.

Nicholas says she was bitten by the bugs on her hands, thighs, legs, and feet, and her hand even swelled up.

The Wayfair class action states that Nicholas continued to be bitten until she observed many small insects “scurrying about [her] headboard and property around it.” Allegedly these bugs were later identified as bed bugs.

According to Nicholas, she hired a bed bug exterminator who confirmed that the source of the bed bugs was the headboard, and then treated the bed.

Nicholas says that in an attempt to get rid of the bed bugs, she had to wash everything she owned that was washable, and had to throw away some of her belongings.

The Wayfair bed bugs class action lawsuit states that Nicholas immediately notified Wayfair that they had sent her a headboard infested with bed bugs.

Allegedly, Wayfair failed to compensate Nicholas for the damages she suffered from exterminating the bed bugs, the damage done to her surrounding property, damage and loss to surrounding property and real estate, and the time and effort she put into eradicating the bed bugs.

Nicholas states that the time spent dealing with bed bugs is upwards of 80 hours.

According to the Wayfair bed bug class action lawsuit, many customers have experienced similar problems.

Nicholas cites numerous online complaints saying that Wayfair sold consumers products infested with bed bugs.

Allegedly, the problem began around 2016, and Wayfair knew of the problem, but continued to sell the infested products despite their knowledge.

Nicholas argues that Wayfair fails to compensate customers for the physical injuries of bed bug bites and the “emotional distress that comes with learning that there are bed bugs in ones living space.”

The Wayfair class action lawsuit says that in their interactions with customers, although Wayfair sounds “as though they will stand by their products and make things as right as can be” they leave customers, including Nicholas, with significant losses from the bed bug problem that they do not compensate them for.

Nicholas says that had she known the headboard was infested with bed bugs, she would not have purchased it, and claims that she relied on Wayfair’s representations of the product to make her purchase.

This is not the first time that Wayfair has come under fire for an alleged bed bug infestation. In January 2019, they faced a separate bed bug class action lawsuit filed by a consumer in Illinois federal court.

Nicholas is represented by Scott A. Bursor and Joshua D. Arishon of Bursor & Fisher PA, Katrina Carrol of Lite DePalma Greenberg, and Tiffany M. Yiatras of Consumer Protection Legal LLC.

The Wayfair Bed Bug Infestation Class Action Lawsuit is Lekisha Nicholas v. Wayfair Inc., et al., Case No. 1:19-cv-01974, in the U.S. District Court for the Eastern District of New York.

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