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Sealy and Mattress Firm have been shirking their warranty duties to customers who bought defective mattresses, a Kansas man claims.
Plaintiff Daniel Rabin says defendants Mattress Firm Inc. and Tempur Sealy International Inc. have been making and selling defective mattresses, then fail to honor their own warranty. He is seeking redress for the defendants’ alleged breach of warranty under federal and Kansas consumer protection laws.
According to this Sealy and Mattress Firm class action lawsuit, the two defendants have been “manufacturing and selling mattresses with known consistent defects in quality and workmanship … which cause indentations or sagging of the mattresses.”
Rabin alleges the warranty claim process set up between Sealy and Mattress Firm is so inefficient as to be practically useless. Claimants are made to go to “extraordinary lengths” to make a successful claim without having to submit to an inspection.
For claims where an inspection is required, Sealy and Mattress firm impose an inspection fee that was not mentioned at the point of sale and that Rabin says is illegal.
The plaintiff says Sealy and Mattress Firm unlawfully use damage that is not covered by the warranty as an excuse to deny valid warranty claims. Rabin argues the companies’ warranty against defects in materials and workmanship is not voided by spills, burns, or misuse of the mattress by the purchaser.
Rabin says he purchased a Sealy mattress from a Mattress Firm store in Overland Park, Kan. in January 2012. The mattress began to sag excessively within its 10-year warranty period, he alleges, so he raised the issue with the Mattress Firm store where he bought it and made a warranty claim.
He says he received a replacement mattress, but only after much difficulty and at additional expense. The new mattress turned out to have the same sagging defect as the first one, he claims.
Rabin says he made a second warranty claim, but this time Mattress Firm and Sealy denied it. The defendants refused to repair or replace the mattress, did not provide an adequate explanation for the denial, and ultimately refused to respond to Rabin’s further inquiries, he claims.
Rabin is proposing to represent six different plaintiff Classes. The first two Classes, seeking injunctive relief from Sealy and Mattress Firm, would cover all persons who purchased a Sealy mattress on or after Jan. 12, 2016 and who still own that mattress.
The second two Classes would cover such purchasers who made a warranty claim that Sealy either denied or failed to respond to without justification. The last two Classes would represent Class Members whose warranty claims were rejected and who bought their mattresses in Kansas.
He is asking for a court injunction requiring Sealy and Mattress Firm to abide by the terms of their own warranty and a declaration that damage not covered by the warranty does not void the warranty as to defects that should be covered. He also seeks an award of compensatory damages, restitution and disgorgement, attorney fees and costs of litigation.
Rabin is represented by attorney Benjamin N. Hutnick of Berman & Rabin PA.
The Sealy Mattress Firm Breach of Warranty Class Action Lawsuit is Rabin v. Tempur Sealy International Inc. and Mattress Firm Inc., Case No. 2:17-cv-02619, in the U.S. District Court for the District of Kansas.
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96 thoughts onMattress Firm Class Action Says Sealy Warranty Claims Unfairly Denied
My husband and I are having back, neck, and hip pains. Not to, mention headaches from bad sleep. I have submitted the warranty claim twice and they keep denying us. I’m looking for a class action to join.
Same issue here, just one food stain, no where near the defective area. Need to join a class action asap! Selling a $2000 mattress with a useless warranty is unethical. Please let me know if you find a class action! williamtaswell@icloud.com
I am going through the very same thing right now. Is anyone ready to start a class action suit against Mattress Firm? I have never in my life had back problems, which I am actively dealing with right now. Trying to get them to honor their warranty is a crazy process.
Im on board
YES!!! I AM HAVING THE SAME PROBLEM. I HAVE FOLLOWED ALL THE PROCEDURES REQUIRED AND STILL BEING DENIED. MY $900 MATTRESS IS ONLY 2 AND 1/2 YEARS OLD AND BULGING 4-5 INCHES ON THE SIDES.
I just submitted a request for a Class Action Lawsuit, I encourage everyone here to do the same.
The 3rd party warranty inspector just completed my inspection. I purchased a Simmons beauty rest 2017 I am having the same issues with sagging. It like sleeping in a sink hole. I wake up and my whole body hurts. I will keep you posted on What Matress firm comes back with. I’m not feeling confident after reading all the comments.
Absolutely, I’m here for it!
Simmons beauty rest. Mattress
I purchsed a mattresses from Mattress Firm in 2017 which did not deliver on a its promise to deliver a peaceful sleep. I requested a new mattress but it was no better and tMattress Firm refused a refund. Now 3 years later the mattress has sunken in the middle causing me lower back pain with my sciatica nerve out of balance. I am currently under the care of a chiropractor. At 72 years old, a restful sleep is paramount but at present, a good night sleep is sporadic.
Purchased a king mattress and box springs from mattress firm August 2016, mattress has now sunk over 2 inches causing me much back pain. We were just denied from Sealy for a replacement and said our warranty didn’t cover normal sagging. That’s wonderful, your product now sucks along with the warranty.
I’m in Cleveland Ohio. I had a matress delivered to me on January the 7th, 2015 from Macy’s department store. It is a King size Larkin Lane Cushion Firm Euro Pillowtop Seally Posturepedic. Original price was over 2400.00. Sale price was 1800.00 not including the $400.00 mattress cover they basically force you to buy. It’s supposed to be a firm mattress for individuals who sleep on their side and back. It’s also suppose to have a thin layer of memory foam, cooling gel of some sort, and reinforced edges for those who like to sit on the sides of their bed. For over two years the mattress was in a guest room unused. The last 2.5 years me and my fiancee have been sleeping on it. After the first year, we both began to have lower back pain. Not thinking that it could possibly be the $2k mattress. As time progressed so did our back troubles. We found ourselves both waking up on opposite edges of the bed for support instead of in each others arms. We are actually sinking into the mattress! I’m 200lbs and she is a whopping 145lbs. I began to look at reviews on the mattress. In almost every review there’s a mention of lower back pain, spinal injuries, arthritis, hip pain, ACID REFLUX, AND ALLERGENS. Never thought that all the acid reflux that I’ve been experiencing for 2yrs now could have come from this. She has been experiencing allergies for almost the same period. I called Macy’s today. After going back and forth with them for 5 hrs they where finally able to find my purchase which was purchased with a Macy’s credit card in the first place?. Due to a update on their system from 2 years ago, sales purchases and warranties are hard to locate. I have an inspector that’s supposed to show on Wednesday the following week to access my situation. I haven’t spoken with a lawyer yet and we’re now also looking into some kind of therapy for our back troubles. We are both athletic individuals, in good shape for my age but now I’m experiencing sciatic nerve problems that has started in my rear area and is now traveling down my hip. This is the side I lay on typically to stay cool under the fan due to the fact that the bed is always burning up?. I’m praying that the warranty will be honored although I almost want to keep the mattress just to be able to share the inequality of it in case of legal matters. If there are any class action lawsuits developing for similar injuries please do inform me add I will do the same.
THAT EXACTLY WHAT HAS HAPPENED TO ME!!! We purchased a pillow to Sealy mattress from Mintz furniture store. After a while my husband and I stared suffering from severe lower back pain and allergies. However, I never attributed my acid reflux or allergies to my sleeping condition. Surely in my mind that this $3500 mattress could not be the culprit. Finally upon realization that it was the mattress causing our problems, I called the store to find out warranty details. This 3500.00 mattress comes with a 15/25 year replacement warranty. Mintz sent out an inspector the following week. This 3500.00 mattress had sunk in the middle. I believe this is a design flaw for King size bed; because the box spring comes in two pieces/halves. This flaw for a heavy mattress causes it to sag on the middle; because there is no support in that center area. However, the inspector came out took pics and advised that the warranty would not cover the mattress. Why? There was a small stain at the head of the bed; about 4 inches in circumference; nowhere near the sag in the center of the bed. Also the sagging in the center of the bed is not saggy enough. Whatever the hell that means. I believe this is consumer fraud. Sealy is denying a large percentage of claims for small reasons, while we are paying a lot of money for a sub par product. I have not received a reply or any correspondence concerning my claim from Sealy or Mintz (this was 3 months ago)
In August, 2019, I paid over $800 for a new twin Sealy mattress. Within two weeks, I went back to the sales person and told them the mattress was sagging in my hip area and I was concerned it was going to cause me back problems. The sales woman came to my house and “measured” for sagging indentations (the warranty required 1 1/2″ visible/measurable sagging for warranty coverage). Of course there was no visible sagging, but if I laid on it, I could feel there was no support in the lumbar area. Within another two weeks, I was going to the chiropractor, who after several months agreed that the mattress was causing me the horrific left-leg pain. Since there is still no visible evidence of the mattress “sagging,” the warranty was useless. After trying to “amend” the mattress with a 3″ foam topper ($200 from the Internet, but it was returnable and refundable), turning the top to the bottom, putting my Yoga mat under the sheet for back support, and putting an inflatable mattress over the Sealy, I finally gave up and have now purchased another brand of mattress that I trust has a usable warranty. I live in western North Carolina — is there a Class Action Against Sealy that would cover this area? If so, I would certainly like to join it!
What mattress did you settle on? I have been looking into Latex mattresses. You may want to do that. Companies such as SavvyRest, Luma, Sleep EZ or Sleep On Latex. They have good return and exchange policies and better warranties than Tempur or Beauty Rest.
Hi, Everyone
I also bought a sealy queen size and after 2 years the mattress started to sink. I contacted Ashley and Sealy, both dodged the warranty.
My wife and I are having back pain problems. Now, we need to solve this situation. If you want to include me in a class action, please contact me. tonysan007@gmail.com (Antonio)
how does this work if you purchased from Sleepys?
Also paying fee fir inspection.
Years ago was subject to bait and switch.
Horrible experience.
Will i go thru same now.
How do.I get a refund not an exchange.
I have had 3 matresses in 3 years fail under warranty.
The point becomes that they give credit for their own defective products over and over and seemingly make millions on the “inspection” and “reselect” fees.
Has anyone had Matress Marshalls come in and give a false inspection?? I did. Please include me if there is a class action still pending.
I purchased a king mattress and spent over $3k and the mattress now has a middle lump and sagging after a few years. I am not sleeping well and have major back and neck pain.Please provide me with any information to join the class action lawsuit.