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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
please tell me how to get in on this im having same problem
Does anyone know of a lawyer or law firm that will (pro bono or class action lawsuit) take it to these corrupt mattress manufacturers (Stearns & Foster) and the retail stores (Sit n Sleep) for failing to provide ANY warranty, or customer service for substandard beds???
thanks
We have no stains but are having problems with Sears not honoring the warranty that came with our Sealy beds.
Sealy beds were no doubt one of the worst purchases we’ve ever made but an even bigger mistake was purchasing our beds from SEARS. Never again.
After going on my 3 rd replacement mattress in less than 1 year with 5 inch sags in the mattress and now having pinched nerves on my whole right side of my back and arm . Something needs to be done with this company ! Im only 36 never a back problem until I slept on a sealy !
Our 2 1/2 year old Sealy mattress is so bad that my husbands back problems have gotten worse. We do have a small stain so I am sure that they aren’t going to do anything what bothers me more is that Macy’s isn’t willing to help us out…. We spent good money on this mattress and now we need to buy another one. :(
Sealy is a very unethical company who fails to stand by their product. I spoke to their customer service today and the lady told me that stains caused my 3″ sag from center. Really? If that’s the case, they make really bad beds. It’s like having your car engine under warranty, but they void it because it has a dent on the bumper. The leadership at Sealy are really bad people. How many beds in America have stains after 7 years?
I am going through the same problem right now. The bed purchased 5years ago from The Brick at $1499.99 has a horrible sag in the middle. It’s not one side or the other but right in the center. They sent a tech out, he said it sagged 1 3/4 inches which deems it unusual sag. But after my earring back for 3weeks about a replacement, I called them. They told me that it had not been 4 weeks yet and to call back next week. I waited two weeks just in cad and called again. They told me that because on staining my warranty was void, and there was nothing more I could do because I no longer had a warranty. Well needless to say I was livid. I went to check and could not find any ‘stains’ I called them back to request pictures. They said they were for internal use and could not send them to me. I told them I wanted another person to come look again because I do no see any stains, they told me they could not do that because I no longer had a warranty. I told them that was no an acceptable answer because I cannot find and of these so called stains. They finally told me I could send in pictures of my own again. They contacted me a week ago saying they were sending another technician out. He just left the marks he found were #1 a tiny dot smaller than the size of a pencil tip, that is also at the very top on the mattress far away from the problem zone , and #2black marks that had bleed off of the tag that they adhere to the mattress itself. ARE YOU KIDDING ME? This is absolutely ridiculous. I have to wait again to ear back as to what they decide this time, but if they deny me again for these tiny reasons I am not going to be quiet about this. It’s bull that the company won’t stand behind its own products, and uses literally the smallest bit of discoloration to get out of helping a customer.
What ever happened to doing the right thing for the right reasons?
What happened with the Brick? I bought a Sealy mattress at The Brick in Canada. This was top of the line $2400 and it had a stated 10 year warranty. After 5 it started to sag and not support; after 2 more it got really bad that we couldn’t sleep on it so that we called to activate the warranty claim. Inspector came and agreed that it was sagging and had many other defects and said I will hear back from the Brick on the claim. At time of purchase we were told to also purchase their mattress cover for $100 to preserve the warranty and so no stains occur, which we did. However, even with this cover body moisture still passes through. When you look at the mattress, you can see no visual stains but when the inspector comes, they have a special light that they shine on it that show these invisible stains. I surmise that something (chemical or who knows what) is put into the mattress fabric to pick up the slightest amount of moisture to make it stain in order for it to void the warranty. This whole mattress warranty is a scam and I will never purchase any Sealy mattress or purchase anything from the Brick or its related companies again.
I also have a horrible hump in the middle & 2 sagging sides. But they said my warrenty in void because of a stain on it. That just sounds like BS reason to me. Please help!!!
we have horrible hump in the middle & 2 sagging sides. I need to finish submitting my claim, i DOUBT they will help, since i do have a few stains (2 babies & a dog) . sounds so useless and a waste of time and energy. ill keep you posted, but i am sure its the same story. too bad the lawsuit was dismissed.
I have worked for a furniture store for 6 months and our Mgr. had us look up and log all mattress returns and warranty inspection issues for the last 2 years on all the mattress companies we carry and there were so many Sealy complaints and issues, that it took 5 sales people over a week to do this and record all the complaints. I have a $900.00 Sealy that was junk after 5 months and I purchased it in 2009….I deter customers from purchasing them…they may be better now but the warranty is worthless…if you use a waterproof mattress cover the mattress becomes very hot and you have heat stains from moisture condensation so you are in a no win situation…and if it is an older person or one who is bed ridden you are just out of luck due to a slight stain….