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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
Do NOT BUY ANY MATTRESS FROM SEARS.
I brought a King Size Mattress from your Sears Department, Ingram Mall, San Antonio, TX.
For the last 2 months I’ve made appointments for someone to come check the defective mattress
which I brought. I have received poor service and cancellation. I was denied another mattress
because your service guy stated the mattress was
not defective.
I watch him throw the sting across the bed.. On one side of the bed its 10 ” high on the other side
its about 11 3/4″ high. The bed has already sunk down 1 3/4″. That’s not including the dip in the bed. He did not throw the string across the center of the bed. He though it across where my shoulders would be if I was sleeping. I tried to explain to Ray on the phone that it was not measured correctly at all.
The last couple of months have been an absolute nightmare tying to sleep in this bed.
This is the worst mistake I’ve ever made, I spent
$1100 on this mattress and I am a size 9/10. This is ridiculous!
just got off phone with sears told me if was not sagging more then 1 1/2 and no stains i just bought 4 months ago sealy gel mattress springs feel like they are in your back $1250 later im on the couch agiain
My parents bought a king sized mattress and it has sunk in on both sides with a humo in the middle.they bought at sams club,its been a month or two and they said to contact sealy. I found thiese resposes about the mattress.can i get info on how to approuch this issue
We purchased a Stearns & Foster a year or two ago. Had some back pains in the mornings on occasions. One night about a month ago, I got out of bed with back pain and fell to the floor. I could not move. I was taken to the hospital with sever back pain. I never had back pain until we bought this mattress. I called the store where we purchased the mattress and they sent out 2 reps. to look at the mattress, It is like brand new, except for the sagging in the middle. It is not a 1 and 1/2 inch sag so they will not do anything with the mattress. No stains, no spots. I will not sleep on this mattress. I feel much better sleeping on the couch. I want my money back…
Sealy corp. Outer fabric mattress covering is designed to react with the smallest amount of moisture Just enough (Think litmus paper color change) And devious Board members complicity, for profit.
Remember the fabric mills are also in locales nearby N.C. Instability to color fastness is [engineered] into the exterior fabrics characteristics, and regardless of preventive measures taken by consumers they will all stain.
Add a little warranty verbiage by their Attorneys and Sealy corp is immune from warranty claims.
Until now…… Hope this sheds light to their subterfuge. Start a new class action suit.
Cheers! : )
You said it exactly..the stains are their loophole…..God is in control…so many people are having problems with sagging and eventually will have back and side trouble…then we must pursue this diligently because we all will have doctor bills and aches the rest of our lives….this is serious!!!!!!
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 have a Sealy sleep set with a 2 inch sage in only one spot. I went though all the hoops to have it inspected. The inspector of Sealys independent contractor told me that he has no doubt Sealy was at fault and will replace he mattress. They claimed because there was a stain near but not touching the broken area the warranty is void. So I got smart as shoud anyone reading this. After being denied a replacement or repair, first file a complaint with Greensboro NC Better Business Bureau no matter where your live. For example I’m from Ohio file the online paperwork of what they did. Keep all your records. Sealy will dismiss your claim with the BBB. Upon Sealy’s response file again as unresolve issue and quote the above listed case. Google the whole case its available online in PDF format and site the sections that best fit your situation. The more claims the BBB get the less creditability Sealy has. Hope this helps
I have 2 Sealy mattressess currently that both sagged an inch and 1/4 within a year and finally over 2 inches within 2 years. I am currently having my king size replaced and plan to have the queen inspected for the second time in two years. Yet, I found out they had a comment on my queen mattress that stated it had pet stains on it and therefore would not be replaced. I do not deny that my dog did pee on the bed but I cleaned it very well. How can they void a warranty because of an accident? I understand if the mattress was not cleaned and too disgusting for them to inspect. Yet, this is not the case there was only a faint discoloration left over, if that! I would love to be part of this class action suit. And again, as previously mentioned.. how does a stain affect the fact the bed is unnaturally sagging!Please give me any information in need to file. Thank you
What about mold on their foam mattresses? There is another website with about 70 other people and myself that have had their brand new mattresses mold! How disgusting and unhealthy! Now, finding this out about their regular mattresses, I want to know how they have an A plus rating with the better business bureau? Do they sell anything that is good????
Hi I have stains appearing all the time on my seely matress, I bought it 2 years ago. Can we do a class action as well?
I and my company will be taking on a class action. We have been studied and testing 7 different brands for 9 years now..sad but true the Sealy brand is just not what it used to be. With hi tech manufacturing to keep it an American made product corners are cut every day. In an attempt to recollect market points back from say TemperPedic. Proper testing is not being done and quality control sucks. Products are released without testing and no chance of warranty.There is a limit for loss as a manufacture under federal laws. They come in just under the legal limit last 7 of 10 years. This amounts to say 2 in every 14 units could be defective….with all the space age materials used today the consumer is the product testing bed now.once manufacture laws are followed,ie fire codes,size codes, what it can be made of ect. Are all met the company can do what it wants. Ie health and safety codes..this is where that stain comes in…sorry fokes..crap, yes it is. However, the mattress company is no dummy so they HELP laws for health codes get passed which in turn give them a legal way out…so now we have attorneys and doctors…on there team…so how do we win…Destroy the company image in the public eye. Honest reviews, honest outside testing, chemical reverse engineering there products for quality control. And one amazing class action with evidence so solid they will likley be heads rolling from the ceo on down to oh yes we are back to quality control and shipping.
We must all file a class action lawsuit!!!!!!
I bought a mattress by sealy in less than 1 year my mattress had a 5 inch sag in it which resulted in a extruded herniated disk on c6 and 7 they replaced the mattress finally for the 3rd time after fighting with them and my back is a mess I had an mri and need back surgery at 36 yr old . I’ve never fallen or been in an accident . I want to sue for all my pain snd suffering now I need to take many medications and have to raise my 3 yr old don in pain on meds aline because my fiancé has passed. I wake up everyday in severe pain. Please some one help!
Compramos un colchón sealy desde el inicio se undia mucho y lo hemos usado por 2 años y también nos provocó una hernia de vértebras.
La compañía se rehusó a hacernos el cambio o reembolsarnos el precio que pagamos que fue muy alto.
En tu caso, pudiste conseguir el remplazo del colchón y el pago de los daños que te ovacionó ??