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Mattress Warranty “Stain Exclusions” and Improper Inspection Fees Lead The Attorneys at Webb Law Group, APC, and Norton & Melnik

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Webb Law Group, APC, together with Norton & Melnik, APC, are currently pursuing a proposed class action against the mattress companies of Sealy, Serta, Simmons, and Stearns & Foster for alleged unfair business practices. Consumers who purchased mattresses from any of the above-named mattress companies may be eligible to join in a class action lawsuit.

Over the last decade, top mattress manufacturers, such as Sealy, Serta, Simmons, and Stearns & Foster, have seen a significant rise in warranty claims. Mattress manufacturers sell their mattresses with warranties that supposedly protect against defects such as sagging or body impressions. However, they do not always honor these warranties. These mattress companies continually refuse to honor their customers’ warranties based on claims that the mattress is “stained” or in an “unsanitary condition.” These claims are further substantiated by mattress manufacturers’ insertion of “stain exclusion” clauses in warranties that void any warranty claim if a mattress is stained or, in some cases, is found to be in an unsanitary condition.

Many of these top mattress manufacturers also require an inspector to travel to the consumer’s home and inspect the mattress before a warranty claim can even be filed. Even more egregious is the non-refundable fee that is required to be paid by consumers before an inspection can even take place. After paying for an inspection, many consumers are then told that because their mattress is “stained” or “unsanitary” that they have voided their warranties and cannot have their mattresses repaired or replaced.

Consumers nationwide have complained, and are still complaining, about these top mattress manufacturers’ deceitful practices. Hundreds (possibly thousands) of complaints were and are posted on Internet websites detailing consumers’ dissatisfaction with these top mattress manufacturers’ warranty policies.

These top mattress manufacturers’ refusal to honor warranties, enforcement of warranty waivers, and the imposition of improper inspection fees are alleged in this class action to be false advertising and a violation of consumer rights.

For more information on this class action lawsuit, or if you feel you have been improperly denied a warranty claim by a mattress manufacturer, please visit our website today or contact our office to schedule a consultation with one of our class action attorneys.

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About Lenden F. Webb

Lenden F. Webb is an experienced litigator and trial attorney representing companies and their principals in 93 jury trials, bench trials and arbitrations in 14 California counties spanning over 304 days. Mr. Webb handles civil litigation matters, including real property disputes, breach of contract and business disputes, along with various employment and general contract concerns. Mr. Webb received his law degree from California Western School of Law where he was a twice-published member of Law Review at Cal Western as well as Columbia Law School. Before establishing his law office in 2008, Mr. Webb was a partner at one of the older law firms in California. Mr. Webb serves as a paneled mediator for two California County Superior Courts and as Judge Pro Tem for the Superior Court of California. Lenden Webb holds a MBA from the University of Redlands. He finished the Honors curriculum while earning his Bachelor’s degree from Walla Walla University. Mr. Webb has been named as a California Super Lawyer® and Rising Star® eight times since 2012. With a notable track record in class actions, Mr. Webb has been court-approved as class counsel in over 30 cases. He has achieved several notable trial victories as class counsel including a verdict awarded “trial of the month” by the San Diego County Bar Association. Mr. Webb has led his clients to victory in both state and federal trial and appellate courts across the nation, including the Second, Fourth and Fifth District Courts of Appeal in California, U.S. Court of Appeals for the Federal Circuit, the United States Ninth and Tenth District Court of Appeals and writs of certiorari in multiple cases lodged with the U.S. Supreme Court.