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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 purchased a Stearns and Foster Mattress in 2012. the mattress was $2179. I thought that the quality of the bed would be better, since it was a more expensive mattress. Within a year, one side of the bed was collapsed. I let two years pass and the side of the bed got worse. I was purchasing another Stearns and Foster and told the salesperson about my existing Stearns & Foster mattress. She explained that they had a problem in 2012 with the sides of their mattresses collapsing and that I should file a warranty claim with them. So I did. I just found out this week, that my claim was denied because there is a stain on the mattress and that voids the warranty. A 25 year warranty is voided for a stain on the mattress!!! I spill a drink in bed one night and poof, the warranty is voided. Regardless of a known problem with the construction of the mattress.
Beware, Sealy, the owner of Stearns & Foster. Sealy, icomfort and Tempurpedic, will void your warranty if the mattress is stained!!! Ashley Furniture stated that they would be able to help me out if I bought an Ashley Product but they cannot help me with a non-ashley product. AMAZING. Please know that if you buy a mattress and spill something on it, that night, your warranty is voided, regardless of the workmanship.
We purchased a Stearns and Foster (Kathleen) luxury firm pillow top from Furniture mart in Minnesota on 10/2012. After a few months we began sagging in the middle to the point we were almost on top of each other. My former mattress was 16 years old and was in much better shape than the pile of junk S&F that we paid $1800 for. We have the inspector come over today and the indentation only measures 1.4 inches. When you lie in the bed the indentation is about 6 inches. We need a class action lawsuit against Stearns and Foster/Sealy. Garbage!
I purchased a Sealy Stearns and Foster Mattress and because of the faulty pillow top sag I now a permanent shoulder injury. I tried to make a warranty claim and was rejected because I only had a 1-1/4 sag. I would like to join in on a class action lawsuit.
purchased a righttouch air bed from sealy and just like all the comments above they wont help me with my problem so guess that’s money down the tubes one thing about it wont be buying from them again
All the comments are the same. I purchased a Stearns and Foster 6 months ago it is already sagging. I purchased it on credit from Haverty’s furniture. They told me 1/2 inch sag it not enough which implies I must continue to sleep on it before I get 1-1/2 inch sag and ruin my back even more and I too have back pain. I have never had any back problems and neck pains. Now I hear crunching in my back when I bend over. I sleep on my sofa. Something has to be done. I don’t want another mattress from them. I can’t continue to pay for something I can’t use and is causing me bodily harm. They no these mattresses are defected. Why are they allowed to get away with scamming the customers. $2300.00 is a lot of money to pay for pain. Is there any help out there I just want to get a good mattress.
I purchased a Stearns & Foster mattress about 5 months ago. Started having back aches. Also impression on both sides. I called the store I bought it from. They sent someone out with a stick &a camera, she took pictures and told us it shouldn’t be problem getting a new one. That was a month ago. Stearns &Foster is made by Sealy
My story is the same. I called head office in Canada. a c/s, Cathy Butler, ( there was no service) said the stains voided my warranty and said I should go after the company who made the mattress cover I had on. I do have stains from night sweats but this should not have caused the mattriss to sag permanently. She said I should go after the cover mfg and rudely hung up on me when I protested. I will post this on face book also and never buy from them again.
I purchased my sealy pillow top mattress and boxspring in 2009 10yrs warranty and the side collapsed and the middle collapsed the sealy rep, came out and took pitcures and indicated that it was bad, but never replaced!! Purchased the items from Ashley Homestore Furniture in Salina, Ks would like to know what can be done, I am having problems with my back. and sealy won’t budge. even thought they know that there product is terrible and just bad!!
Is there any action people can take based on this law suit to get their money back?
If I’m reading this correctly, the answer is no, that the company basically won and that consumers have lost a lot of money on defective products?
I bought a sealy mattress and only after a couple years it was sagging, lumpy, and very uncomfortable. I went to the local store I bought it from and they had a guy come out to inspect it and they said it had a small stain on it so they could not honor the warrenty! I spent a good chunk of money on this bed! Its been 8 years and I am still using it because I can not afford a new mattress. I just let it go when I was told they couldn’t honor the warrenty, but I should have pursued it. What a joke! I will never buy another one!