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A class action lawsuit against Intex Corp. and Wal-Mart Stores alleges that Intex inflatable air mattresses are defective and sold through deceptive advertising.
According to the complaint, Intex airbeds “are defective in that they leak air, burst, and suffer from frequent internal chamber separation that results in large bulges or bubbles in the Airbeds, and thus fail in their essential purpose.”
The class action claims that the defendants knew of these defects, but continued to market Intex inflatable air mattresses as “quality tested” and “a quality pillow that provides supreme comfort and stability.”
The Intex defective air mattress class action lawsuit accuses Intex of deceptive advertising. Intex airbeds are sold nationally through Walmart and other stores, and also online. The complaint claims that Intex markets its airbeds with its own “AIR LOCK” trademark, advertising its mattresses as “100% quality tested for air tightness.” The Intex website makes other claims about the quality of its mattresses, including that “interior construction has been enhanced with Fiber-Tech TM Construction.”
However, the class action alleges that Intex air mattresses “are inherently defective and virtually guaranteed to fail.” The lawsuit cites to numerous consumer complaints out of “hundreds or thousands” online. Given the number of complaints and returns to both Intex and Wal-Mart, the class action argues that both companies knew that Intex airbeds were defective.
In particular, the class action points to the warranty Wal-Mart provides for air mattresses, which is different from most other products. Instead of Wal-Mart’s typical 90-day return policy, the complaint states that Wal-Mart will only exchange a defective airbed, not give a refund. According to the complaint, “Wal-Mart only provides refunds for non-defective Airbeds” which “demonstrates its knowledge that the Airbeds are defective and it is attempting to reduce its own risk for the sale thereof.”
Plaintiff Georgeta Mirescu states that she is 70 years old, and lives in Arizona solely on her income from Social Security. After seeing the advertising for Intex air mattresses, Mirescu purchased one for her primary bed. The complaint claims that about a month later, the airbed “burst in the middle of the night while she slept,” and she could not get off the floor or get help until her daughter arrived the next morning.
Mirescu asserts that she tried to return the mattress to Wal-Mart, but the store only offered her an exchange. Her new Intex air mattress again deflated a short time later, so she exchanged it also for another mattress. The complaint states that “this pattern repeated itself multiple times.” In total, Mirescu alleges that she exchanged four Intex mattresses in Texas and three more in Arizona, that were all defective.
The Intex defective air mattress lawsuit seeks to represent a Class of all persons who purchased an Intex air mattress, and a subclass of all persons who purchased an Intex air mattress from a Wal-Mart. The class action sites numerous violations of federal and state consumer protection laws, and requests restitution and treble damages for all consumers, as well as a court order stopping the defendants from selling defective airbeds.
Mirescu is represented by Adam M. Tamburelli, Charles T. Spagnola, and Eliot F. Kriger of Sullivan, Krieger, Truong, Spagnola & Klausner, LLP; Thomas A. Zimmerman, Jr. and Matthew C. De Re of Zimmerman Law Offices, P.C.
The Intex Defective Air Mattress Class Action Lawsuit is Georgeta Mirescu v. Intex Recreation Corp., et al., Case No. BC 609522, in the Superior Court of the State of California for the County of Los Angeles.
UPDATED: The Intex air mattress class action lawsuit was dismissed on April 20, 2017. Please keep checking Top Class Actions for updates. We will let our viewers know if any similar class action lawsuits are filed.
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111 thoughts onIntex Air Mattresses Defective, Class Action Says
I did not purchase mine from Walmart but, big five. I understand a store not taking back an air mattress, but the company itself does not help you unless you have a receipt. I purchased about 6 months ago. It is used as a spare bed for guests, as my guest room is now my son’s nursery. We use it about once a month. Last time we used it, the bed was fine. I went to blow it up and the seam separated down the center of the mattress making nearly impossible to sleep on. They wont replace it, or send a new one. The company should at the very least send a discount coupon for replacement, but they dont. They.wouldn’t even send me to a customer service survey. Without the receipt they wouldn’t even help me. Not wasting another 50 dollars on this company! This company deserves to be sued.
I also purchased one in Sanford, Florida and on my second one. I would like to get a full refund or one with high high quality that will not leak at all.
I bought two of these mattresses, and paid additional for the insurance on them. I filed a claim twice, never heard anything back. When I went online to print out my information to show that I purchased them online from Walmart they removed it. I have no proof, but I am sure that I can go back to my Walmart online debit card purchases for proof. They didn’t last, and I held on to them until yesterday when i threw them out. I tried to bring them back to Walmart but they said it had been too long.
Yup I purchased one it lasted all of 3 months and had a leak someplace but because I couldn’t identify where the leak was the jerks at Walmart said it wasn’t defective!!! My response was Well if ALL the air does not stay in it at night and that half way through the night who ever is using it has to turn the pump on and fill it back up!!! Then it isnt functioning the way it states it should in the instructions. And if that doesnt make it defective then it makes it the kind of Air mattress I have no use for!!! SO just give me my money back!!! NO can do!!! SO obviously it was just a POS. and I had contributed to helping the ARs hole owners of Walmart in their continuation of fleecing of the American consumer. Then my daughter, without talking to me before hand last year when they were staying with me for a few months until they got their own place, stops at Walmart and buys one of these air mattress. She gets it home I looked at it and said DON’T OPEN IT!!! TAKE IT BACK NOW!! She of course Knew better than me. Two months later that mattress was doing the same thing. I cannot tell you the number of mattresses she has gotten from Walmart to date. I stopped keeping up with the count when she hit the 4th one. I’m not even sure if she still has it?? But she was really mad when like I had told her they would NOT refund her money given the history of these mattresses!!! I will keep my eye on this suit for sure!!!! These jerks should be sued for every single defective item they sell because as far as I’m concerned this family that owns WALMART is always well aware of the CRAP they are selling to the American Consumer!!! All they care about is their profit margins!!!!
Mine just blew out two of those so called fiber tech chamber seems rolling me into the wall and onto the floor, breaking my glasses. Most of what Wlamart sells is defective garbage anyway. Their TV sets are usually exclusive models only sold at Walmart. They are refurbished sets, obsolete sets, put into new cabinets, or sets made with obsolete or defective parts that are listed with a limited capability rating, meaning they are proned to failure, and should NOT be used in designing ANY new products at all. I know TVs and electronic components. Airbeds? How hard can it be to make a rubber mattress? These beds are dangerous! My prescription glasses are broken, my stuff was launched all over the room, and my back feels like someone tackled me and threw me to the ground. I cant drive my car, until I get new glasses and I am now stranded. Thanks a**holes. I hope you all wind up in hell.
We purchased 2 of these and it was the same thing. One had a slow leak. The other after only one nights use, woke up to no air and sleeping on the floor of the tent. Thinking we did something wrong and maybe didn’t seal in properly, refilled it and slept on it again that night. The exact same thing! So frustrated, we threw them in the dumpster at the camo ground! Ruined our vacation!
i had three of them i ordered from wards, and had the same issues. leaky, and bursting in the seams, leaving big bubble.
I slept on these for 3 yrs. Always had to go get a new one after a few months due to leaking air or the middle would pop out to where you could not sleep on the bed. Pkus wake up on the floor due to the mattress going flat from the air leaking.
I also purchased one and after a month it began to have a slow leak and Walmart would not return my money
I purchased one it have a slow n it also a have a big bubble at the top of the mattress.. Wal- Mart will not return my money…
I purchased one of those air mattress and had a slow leak