Tempur Sealy Class Action Says Data Breach Exposed Customers’ Info

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A New York woman says a data breach has put thousands of Tempur Sealy customers at risk for credit fraud and identity theft.

Plaintiff Michelle Provost is suing defendants Tempur Sealy and Aptos Inc. over a data breach discovered in November 2016 that allegedly exposed the sensitive credit and debit card information of persons who bought Tempur Sealy products online. Provost attributes the breach to the defendants’ failure to implement basic data security practices.

Tempur Sealy is a retailer that sells mattresses, pillows and bedding. Defendant Aptos Inc. is an Atlanta-based tech company that provides internet-based business services to online retailers. Aptos provided Tempur Sealy with online payment services until October 2016.

In her Tempur Sealy class action lawsuit, Provost says she found out about the Tempur Sealy data breach in April 2017 when the company sent her a written notification.

The breach apparently occurred in February 2016 but was not discovered until November 2016, when Aptos found that an unknown number of Tempur Sealy customers’ personal information had been compromised.

The exposed information included customers’ names, addresses, email addresses, phone numbers, and their payment card account numbers and expiration dates. Aptos was able to remove the intruding software used in the breach in December 2016.

It was two months before Aptos gave notification about the data breach to Tempur Sealy, which then waited another two months before notifying its affected customers, according to the plaintiff.

In the year before Provost received notification about the breach, she had made two online purchases through Tempur Sealy’s website TempurPedic.com, one in April 2016 and the other the next June.

After reviewing her bank statements, Provost says, she found one charge that she believes to be fraudulent. The charge posted to her account a few days after she made her April 2016 Tempur Sealy purchase, she says.

Provost believes Tempur Sealy and Aptos could have avoided this data breach had they implemented reasonable measures to protect their customers’ personal data – measures that she says are basic industry standards. She argues that by failing to implement such measures, Tempur Sealy and Aptos have violated the consumer protection laws of New York and several other states.

Provost is proposing to bring this Tempur Sealy class action lawsuit on behalf of a nationwide plaintiff Class that would represent all U.S. residents whose personal information was exposed in the Sealy Tempur data breach. She also proposes a subclass to represent Class Members who reside in New York state.

She seeks a court order requiring Tempur Sealy and Aptos to reform their data handling procedures so that their customer’s personal information will be adequately safeguarded. She is asking the court to award actual and statutory damages, restitution and disgorgement, court costs and reasonable attorneys’ fees.

Provost is represented by attorneys David J. Worley, James M. Evangelista and Kristi Stahnke McGregor of Evangelista Worley LLC, William B. Federman of Federman & Sherwood, and Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman PC.

The Tempur Sealy Data Breach Class Action Lawsuit is Michelle Provost v. Aptos Inc. and Tempur Sealy Int’l Inc., Case No. 1:17-cv-02120, in the U.S. District Court for the Northern District of Georgia.