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Sealy Mattress Warranty Class Action Lawsuit
By Sarah Pierce
A federal class action lawsuit claims Sealy Corporation has established a uniform and nationwide policy of routinely denying all warranty claims when any stains, no matter how minor, are found on a customer’s bedding, making it impossible for customers to return their defective Sealy mattresses.
According to the class action lawsuit, Sealy includes an express written warranty on all bedding purchases that guarantees replacement, repair or refund of the mattress or box spring if the products develop or exhibit certain defects through normal use. Two examples of listed, common defects are “body indentations of 1.5 inches” and “unnatural sagging.”
Plaintiff Adam Savett claims in the Sealy class action lawsuit that when he sought warranty coverage on his defective Sealy mattress, Sealy’s inspectors found indentations larger than 1.5 inches and/or unnatural sagging and determined that the mattress was defective and should be replaced under warranty. However, “as would be expected on any mattress, inspectors also noted the presence of minor stains unrelated to and having no casual impact on the indentation or unnatural sagging.”
Despite acknowledging that his mattress was defective and should be replaced under warranty, Sealy and its agents refused to provide Savett with a replacement mattress or repair “solely because of the existence of these minor stains,” the class action lawsuit states.
The problem, the class action lawsuit says, is that Sealy’s warranties for products purchased before 2008 states that it will not cover “products found to be in an Unreasonably Unsanitary Condition,” but it does not define this term. Warranties for products purchased after 2008 describe this condition as being “so pervasively soiled that an inspector is unable to conduct an appropriate inspection of the condition of the product without being exposed to potentially dangerous bodily fluids, blood borne pathogens, or other substances that could cause significant injury.”
By its own definitions, the class action says, “Sealy’s warranty does not give it the right to refuse to provide replacement product, repair, or refund solely because of ‘stains’ on a mattress. Moreover, by Sealy’s own definition, ‘stains’ on a mattress are not hazardous or ‘unsanitary’ unless they are so pervasive that an inspector cannot conduct an appropriate inspection absent risk of significant injury. Plaintiff alleges, on information and belief, that this has very rarely, if ever, occurred.”
The proposed Sealy mattress class action is brought on behalf of anyone nationwide who has purchased a Sealy bedding product (Sealy, Sealy Posturepedic, Stearns & Foster and/or Basset) from an authorized retailer, sought warranty coverage within the applicable Sealy warranty period, and were denied coverage solely because of staining.
It is seeking class certification, an injunction required Sealy to abide by the express terms of its written warranty, and an award to class members of compensatory, exemplary and/or statutory damages and interest.
The case is titled Adam T. Savett, et al. v. Sealy Corporation, Civil No. 1:11-cv-336, United States District Court for the Middle District of North Carolina, Greensboro Division.
Updated May 4th, 2011
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66 thoughts onSealy Mattress Warranty Class Action Lawsuit
I purchase a King Stern and Foster mattres for $1,676.20in 2007,no even 5 years ago and have problems since January 2011. I contacted Carls Furniture and they send a person to check,by the name of TOM. They send a Fax telling me that it was fine.
I try to contact the store but got no response.
I will never by Stern and Foster or Sealy again!!!
So, they won the suit? Am I able to sue them, or did I miss out on the opportunity?
case was settled and voluntarily dismissed in December 2011
Has this already been settled? If not, how do I get on the list?
same story. I am going to get the mattress professionally steam cleaned and sanitized. Show the inspector the receipt. My retailer said there is a 50 dollar charge for an inspection !! I am still concerned they will void it because of a few magic marker stains which have nothing to do with sanitation. White spray paint? LOL. I am serious. Otherwise I am out 900 dollars. You always have to buy a matched set so my box spring is no good either now if i need to buy a new mattress! Arg! I saved ALL the paperwork too. Sealy sux big time. I want in on the class action suit.
I bought a Sealy from Sleepy’s for $1,701.29 and it is sagging on both sides with a hump in the middle. They asked me about stains as well and I told them it may have a few small stains. They told me the warranty was void, due to staining. I asked them what the staining had to do with the performance of the bed and the sagging. They would not send out a representative to inspect it. I want to join this class action lawsuit. How do I do it? Sleepy’s should be held accountable as well, because they know about the problem with Sealy and they keep selling the beds.
I paid $748.00 for a full sized ” Reserve Garden Manor in July 2008 And my hips hurt so bad every night I hate to go to bed so I don’t till 3:00 OR 4:00 O’CLOCK IN THE MORING,Mattress Giant said to contact Sealy on-line and now Sealy says to contact the seller to make warranty adjustments. Never ever again. DON’T LET SEALY GET YOU!!
Sealy Mattress Warranty Class Action Lawsuit
I purchased my Sealy about 5 years ago. It is sagging horribly in the middle. I reached out to Sit N Sleep, they did send the inspector. He agreed its defective, but because of some slight discoloration (they are calling them stains) my warrenty is VOID. This is crazy. My mattress is not STAINED! My matress is NORMAL after 5 years of normal use. I will never buy Sealy. I will tell eveyone I know Not to buy this useless product. You send thousands for a bed – and end up with JUNK.
Sealy Mattress Warranty Class Action Lawsuit
I purchased my Sealy one month ago and both sides where we sleep have collapsed and there is a hard hump in the middle of the bed and the store told me to send pictures in, so I did and the Sealy Rep said that it wasn’t covered under warranty. How can you tell from a picture!!!!! And what about the hump in the middle of the bed. I have contacted the store and told them the rep needs to call me so we shall see. I’m sure I will get some other crap from him if he calls.
Sealy Mattress Warranty Class Action Lawsuit
THEY WOULD NOT REPLACE MY MATTRESS AFTER UNNATURAL SAGGING