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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
Suggestions on right mattress after tempurpedic scam
So I purchased a Tempurpedic Luxebreeze Firm for 5300 dollars from mattress firm. Just 2 years in I have developed severe hip, back, and especially leg pain. Took a look at the mattress to find a large crease running down the middle of the mattress between where me and my husband sleep, despite occasional rotation. Submitted a claim and was denied by mattress firm and tempurpedic for “the mattress not sagging to 3/4 inch.” They conveniently don’t cover their products most prevalent flaw. Separation and softening of the foam. I feel horrible for the seniors and people with medical conditions that purchase these mattresses specifically to relieve pain associated with their condition only to have it worsen their condition within a couple of years. If only I had visited the BBB site before purchasing. Their 10 year warranty is only good for the life of the foam holding up, which I have found myself to be 2 years on the nose.
Now my eyes hurt from the screen time of searching for the right mattress while tired and in pain. For an immediate solution I have purchased a Sleep On Latex medium mattress topper with a cover to put on top of this piece of crap while I navigate the smorgasbord of information on mattress systems and firmness levels and ILD’s and sleep positions, and talalay and Dunlop and warranty and return policies and I’m going crazy. But now at least I have 30 days of this topper to settle on a mattress and I can return it if I desire or need the money for the new mattress. Which after being out 5300, I very well may need it.
Just curious on suggestions with combos of latex layers and wool, and DIY mattresses what people that have been through what I have settled on. I am 190 lbs. 42 years old. 5’6. And a side, back sleeper. Will be sleeping with a partner who is 190 as well.
I have learned the hard way to stay away from name brand Beauty Rest, Purple, Tempurpedic, all of that. The entire industry is a scam. I can’t wait to find this exact lawsuit again!
My Wife and I bought a mattress with a free adjustable bed frame from Mattress Firm. The Mattress cost $3000.00 + including a mattress cover with a four month warranty with a free replacement or return policy.
I paid $700.00 down with promise to pay out the rest. after two the mattress sagged so bad that I called Mattress firm and wanted to return the mattress with bed frame. They made me pay the $700.00 I had already paid plus $800.00 more to keep my credit. Yes I want in the law suit.
Beautyrest and Mattress Firm should be ashamed of themselves. So many of us spent a lot of money for a good night’s sleep but instead we are causing more pain with these sagging mattresses. I live in Indiana and pray that any class action includes us.
Same denied my warranty been sleeping in this hole for years because beds are expensive.
Mattress firm is a joke just bought a 2846.00 bed and already sagging had it only 6 months and had the nerve to say it’s not covered under warranty is there any consumer protection anymore
Me too . I was in a terrible motorcycle crash . Crushed half my upper body .. reading the marketing material .. they got me hook line and sinker .. this bed fell apart in just months .. sink hole , etc .. my hips hurt and back .. this company should be sued out of Existence please everyone let’s get together and eliminate this company terrible
Mattress firm denied my warranty claim back in October 2020. I then filed a claim with Sealy direct and after a back and forth with them Sealy aggreged to replace my mattress back 12/19/20. The set was just under 5 years old.
Now its March 22,2021 and I’m still waiting for delivery.
They keep telling me its because of Covid and check back in a week, but if I walked into there store and was paying cash I would walk out with a new mattress.
I would like to be included.
Simmons Beatyrest warranties and mattresses are a joke to say the least. The mattress I purchased in 2017 is already sinking in spots. When in a warranty claim it took over a month for anyone to respond. Then they denied my claim. Then after I harassed them they agreed to a replacement but the replacement cost me $85 in shipping and was a downgrade and is not anything that would purchase even for a second bedroom. I have not even slept on it and it is already showing signs of wear and tear. When I called to complain they tried to tell me it was a comparable mattress line. I bought a luxury, this is no where near that. They are refusing to refund the difference or send another replacement. My old one even with the defects is better than this one. They are a scam. It sickening. They mass produce cheap mattresses and the consumer is getting cheated!!!
Same issue here. Bought a new Sealy mattress at Macy’s and starting to sink within 2 years. Have horrible hip pain I never had before. I am so upset that I have to have bed inspected!! WTH?? Scam.
I bought a Beautyrest mattress from Mattress Firm. Same exact thing happened to us. The bed began to slump in the middle about 4″. However, Mattress Firm DID award me a credit for the mattress. BUT!!! No Mattress Firm store in the state of NM will accept the credit from Mattress Firm corporate because “we don’t do business with Beautyrest products anymore,” so the warranty is cheaper than the printed piece of paper where it guarantees you peace of mind. I would like to join a class-action suit of any kind.