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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 sealy mattress from Ashley’s Furniture back in June 2018, we’ve had this mattress for 10 months now. We noticed the dipping and sagging at 5 months into sleeping on this mattress. Ashley’s sent out a “technician” to asses the mattress and the issues we reported, I was informed that I should receive a call on Saturday about the report. It is now Tuesday 4/30/19 and I had to contact the company, they stated to me that due to a “stain” that it voids the sealy warranty. I have paid over $2,000 dollars for this bedroom furniture. They refuse to do anything, they state I can contact sealy if I’m upset. My partner and I now have back and neck strain along with misalignments. I would love to talk to an attorney about suing sealy or Ashley’s for selling faulty furniture.
THAT EXACTLY WHAT HAS HAPPENED TO ME!!! We purchased a pillow to Sealy mattress from Mintz furniture store. After a while my husband and I stared suffering from severe lower back pain and allergies. However, I never attributed my acid reflux or allergies to my sleeping condition. Surely in my mind that this $3500 mattress could not be the culprit. Finally upon realization that it was the mattress causing our problems, I called the store to find out warranty details. This 3500.00 mattress comes with a 15/25 year replacement warranty. Mintz sent out an inspector the following week. This 3500.00 mattress had sunk in the middle. I believe this is a design flaw for King size bed; because the box spring comes in two pieces/halves. This flaw for a heavy mattress causes it to sag on the middle; because there is no support in that center area. However, the inspector came out took pics and advised that the warranty would not cover the mattress. Why? There was a small stain at the head of the bed; about 4 inches in circumference; nowhere near the sag in the center of the bed. Also the sagging in the center of the bed is not saggy enough. Whatever the hell that means.
Purchased Sterns and foster from Mattress Firm in Albuquerque, NM. Paid 3600. Within a week or tow, indentions stayed in the mattress and my back tried to roll one way my legs another. The salesman told me the S&F were considered the “dream” mattress, bc their commissions were highest on these. They must get them for nothing, but the presence appears to justify the price. Faux quality. I dealt with the warranty scheme several times asking for pics of the mattress and a continuing reply “your files are too big and not receiving pictures”. In this day and age and a corporation -really? So my waiting to hear from them progressed me into a phase that so and so doesn’t work here any longer and you need to start your claim over. After the third time and 6 months later I give up dealing with Sterns and Foster Warranty Department. I am searching for a class action suit. Do not give your money to Mattress Firm unless you are buying a cheaper Foam mattress. Much better. Do not give your money to Sterns and Foster! Macy’s carries them, Macy’s is like Walmart now! Cheap ass shit!
8 /4 / 2018
I purchase a Sealy firm mattress on line June 7, 2018 this mattress was delivered to my home June 16, 2018 After trying this bed out for three night’s I begin to notice one end was higher than the other, we switch the bed around hoping this would solve the problem, to no avail. I only weigh 130 lb. I notice later the bed begin sinking in and lumps in the middle, sagging on one side. This mattress have cause me so much pain, I only get about 4 hours of sleep a night.
I’m a long time customer of Sears, I have much respect for this Company but after purchasing this mattress, I can’t say I feel the same now.
The last few weeks I have gotten no satisfaction from Sear’s employees only the run around, lies, and rhetoric. For many years of shopping at Sears your customer service and products have been the best. Sear if you really care about your company and the wrong that is being done to so many people, you would correct this problem. Lies and deceit is not right, the truth will come to light, I’m sure I am just one of many unhappy customer with your products and service. Sear’s just do the right thing!
Very disappointed
I purchase a Sealy mattress on line from Sears.com not a happy camper, never again not a good mattress.
The mattress is sinking sagging, it’s as if you are sinking down in a hole, my back pain is unbearable. Customer support don’t value their customers, no one should have to pay their hard earn dollars for this kind of treatment, all I want is a good night sleep pain free.
I am very disappointed with my purchase of Sealy mattress,
“God help us all!
my king size posture medic sealy afer 18 months is ripped on it side and i like sealy people how they are justifyng it ,thank you
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This article is 12 years old (2011 to 2023) — was there ever a resolution? I haven’t even gotten to this point. I bought a Sealy mattress at a Costco warehouse 5 years ago. The 10-year warranty says the remedy will be to repair or replace. Costco offers a refund but I can’t get replacement for that price. Sealy says to call Costco Global Resources. They said they only cover mattresses delivered from costco.com. I told Sealy and they said contact the store. The store said we don’t have that model but we have a Serta for 25% more. I told Sealy that the store won’t repair or replace. And they run around back to telling me to call Costco Global Resources.
Paying me back in 2013 dollars what I bought with 2018 dollars does not make me whole. I bought a new brand-name mattress because I expected it to work for the length of the warranty. If I need to sleep in a chair because otherwise I have a debilitating aching back for hours after I wake up the mattress is no longer performing its job.
Once again. I have a 2″ sag in the middle. The mattress has become hard and uncomfortable. $900 Queen set. Sealy is no help. The local retailer that sold it to me is even worse. They want a non-refundable $100 just to come and see the mattress with no guarantees they will replace it. How crooked is that? Both parties are willfully and boastfully not honoring the warranty I purchased. We need Elizabeth Warren on this case.
We purchased a Sealy mattress from Sears last Oct. After contacting customer service within the 60 day “comfort window” about a defect in the filling that was causing my ribs to go out of place and my husband’s back to go out, they would not consider out claim that something was wrong with the mattress, because it did not fit their measurements policy. We have not been able to sleep together on the mattress for at least 4 months and I wake myself up screaming because my ribs have moved out of place and it hurts to breathe. I just opened a case with the Better Business Bureau and the Sears contact Imelda Campos just closed my case without any resolution saying she couldn’t find the call I made to customer service about a month and a half after we purchased the mattress saying it was defective. Without asking me for any further information Imelda Campos told me I did not make the call to Sears customer service and just shut the case down! Talk about horrible customer service and a scam of a warranty. It’s all a big lie. Consider yourself forewarned: Do not buy a mattress from Sears!!!
Don’t never ever buy a Sealy from any place.
Buy Sealy such a mistake !
How long does it take to settle a class action suit? I see it was filed 05/04/11.
I have almost 10 yr old stearns & foster king mattress w/definite sagging. I have read so many complaints about the same thing and S&F won’t honor the warranty mainly because of sag not deep enough and stains. This is absurd. How has this company been allowed to continue in business with all these complaints? And these are only the people who took time to post. I had an inspector come today and he told me that I had stains and they won’t honor warranty. He said try to remove them, but that is easier said than done. The stain, as the class action suit states, has Nothing to do with the fact that the mattress is defective and sagging. This is Stearns & foster’s loophole to get out of warranty. I am waiting a reply from the guy from Haverty’s and will post what they tell me. I am a senior and no way can I afford another $2k mattress. I guess if they don’t replace it, I will be down in my back & side if I live longer. I am already having side & back aches from the dip in this mattress. Right now I am numb that this company can continue to treat people this way. S&F should have to pay for chiropractic and doctor’s bill for us who are suffering from this mattress problem. I am praying for good results.
I bought a sterns and foster for $1800, Macys told me it needs to be sagging 3 inches, however this lawsuit says 1.5 inches; heck it was already at 1.5 inches just 2 to 3 years after i bought the mattresses; Why is Macys saying is 3 inches; it is at 2.5 right now and my back is killing me…..
I got 2 mattresses…a Sealy (900.00) just the king mattress, and a Sterns and Foster (700.00) twin, just the mattress. I got the run around and around and around from Sears and Sealy…I purchased these in 2010, within 10 months this Sealy mattress…FELL APART!!!!. Like I drove a semi back and forth on it for the whole 10 months, I am not big and hubby is not big, but this mattress is like a roller coaster, we took the bed apart thinking that was the problem (did not happen with my Sams club Mattress for 13 years) so we put it on the floor (a mattress on the floor in the middle of 8K bedroom set) YES, still to this day, cannot afford to replace it!! We spent allll that money and could have just kept the other one from Sams that was fine!! HORRIBLE!!!!!!!!!!!!!!!! The Sterns and Foster fared a little better!!! DO NOT SHOP AT SEARS!!! Like the others water spilled on the mattress (like 2 oz MAYBE) VOIDS ANY WARRANTY!!!