I bought expensive pillow top mattress from Sleepyu2019s with their u201ccomfort testing. Who knew that money doesnu2019t buy comfort? CHRONIC BACK PAIN CAUSED BY SLEEPYu2019S MATTRESS Being a runner for nearly 30 years, long distance included, within 6-7 months I developed a back issue. I was achy . And spine issues and lack of sleep affects oneu2019s other health issues. Think about it. Spine is the center of your nerves, it carries your arms, legs and is the core. Affecting the spine is why we care for it. After Sleepysu2019 purchase, I could not figure out why I was getting horrible sleep. Bed was sinking and continuing. Not at first, but for a mattress that should last good 5 years, within 6-7 months, I was sinking. I had epidural shots 5 times because the pain extended beyond the back to upper backu2026and because of pain, I was unable to run. I have to work! I canu2019t stay home so I had to do whatever it took to limit the pain and not complain. Employers donu2019t want complainers. So I suffered and drank lot of coffee. I tried every possible solution. And I continued to persevere. My mom said she saw me sleeping and I was sinking and I should sleep on the floor. And also, she said the pillow top thing wasnu2019t good. I complained to Sleepyu2019s because I realized that it was the bed. They sent me a kit that was made of strings and 2 penny sized and weights to go over the bed with a paper u00bd u201c- 1.5u201d lines and apparently this was supposed to decipher the defects and to keep their warranty. I found the whole thing ridiculous that I asked for the u201cqualification of mattress Marshall Inc.u201d, by what regulatory agency approved this u201ctestingu201d etc. Sleepyu2019s sent me a link of Mattress Marshall and I responded to them which I cut and paste below. —— Thank you for sending me the link to the Mattress Marshall ( u201c Vendoru201d) link whom is chosen vendor of Sleepyu2019s ( u201c Respondentu201d) to determine and u201c testingu201d whether the Mattresses sold and distributed Respondent are defective. At the outset, I want to re-iterate that there are differences in defect. There are defects on its face known as u201c superficial defectu201d, that are visible, inherent manufactureru2019s defect ( oftentimes not visible) , or use defect. etc. The defects are not uncommon by manufacturers and in the case of bedding, the internal defects are unseen, but these manufacturer defects are part and parcel of the manufacturer or sellers, such as the Respondent have different legal responsibility, which Respondent is well aware. And that legal responsibility of the Respondent includes without limitation, accurate representations, advertising, warranty, and assurances. Respondents may either rely on manufacturers to provide the quality that they deliver. But that responsibility is shared or assumed by the retailer such as Respondent IF they requested specific manufacturing method to be used or employed as exclusive to large retailers such as Sleepyu2019s/ Respondent. As a national chain supplier/retailer, they are subject to Federal Consumer Protection laws, including subject to regulator agencies such as Consumer Federal Protection Bureau, Federal Trade Commission, etc. to name a few. They may or may not be a member of the Specialty Sleep Association, BedFax.org, et al. A. Third Party Vendor, Mattress Marshall Inc.- Not Qualified. That being said, Respondent has chosen a Vendor to process, and determine the scope of u201cwarrantyu201d and to justify their representation advertised by Respondent. In summary, Sleepyu2019s isnu2019t concerned about the health and welfare of its consumers but to protect the sales that they made and to legally preempt the consumer from filing a complaint against them. In the spirit of being full and fair, I did some on-line search, very common method. Vendor that you have chosen ( Mattress Marshal Inc.) is not accredited by Better Business Bureau (u201cBBBu201d) and therefore, they are outside the scope of being interrogated by BBB. But they are on-line site representative, so they are subject to federal laws such as Consumer Federal Protection Bureau, Federal Trade Commission, etc. to name a few . ( Exhibit A- Better Business Bureau print out) This is what I found about Sleepyu2019s Vendor, Mattress Marshal Inc. They do not openly disclose their license or accreditation.; Their corporate head quarters is a PO Box and have no physical address; They are located in Florida, a jurisdiction that has substantial protection , and details, which I will skip; 4. There was also some article in Furniture Today, responded to by USDA FSIS, an inspector who is licensed under US laws and his comment on the u201ctesting standardu201d of Vendor / Mattress Marshal has substantial and questionable doubt of the authenticity of the testing of the Vendor. The federal inspector stated, verbatim, u201c This is GARBAGE!u201d After I lay on my mattress about 1.2 hour, I start to feeling springs. These inspectors do not look for these defects. And they are paid by the mattress manufacturer, what do you expect?u201d Another consumer of the same u201c Mattress Marshals are a Fraud. They no longer send Inspectors to you house. Instead, they mail you a Ki to measure and take picture of your mattress. My Simmons Beauty rest is less than a year old. Big Rip Off.!! They make sure that no matter how bad your bed is it does not fail inspection. Bought it at Sleepyu2019s they would not stand behind the product they sell!! Thieves and liars, both of them. ( Exh. B, Article re Furniture Today about the standard of testing) As I reiterated in my earlier complaints and throughout, the issue is that the bed appears on its face not unusual but there is an inherent defect when it is actually used- it sinks! And the comfort standard by Respondent is a sham and the u201ctesting u201c without a standard by a Vendor, who has not bee certified by any federal institutions or otherwise is unacceptable . B. SLEEPYu2019S AND MATTRESS MARSHAL STANDARD OF TESTING u2013 PREEMPTIVE MEASURE TO u201cAPPEARu201d NORMAL BUT ITu2019S FRAUD As for the Respondents ( Sleepyu2019s ) , there are number of complaints on line and apparently with similar complaints that I have had. And ironically, some of them are related to Respondentu2019s using the Vendor. I canu2019t do all of it, but I provide you with some sampling that my compliant isnu2019t an isolated incident. ( See, Exh. C- Rip-off Complaint No 1) u201c Mattress Marshals is a 3rd party company designed to make sure your warranty on our mattress will keep you from getting a new mattress. The company is set up and paid for by the large mattress retails to make it so you cannot get a new mattress in any ay. They mare sure no matter how bad your bed is it does not fail inspection. Also I have spoken with a technician and they have told me that it was their job to make sure they donu2019t give anyone a mattress.u201d u201c I am a Victim of this so called inspection by this companyu201d. Jan. 21, 2013 u201c Mattress Marshall is a Joke. Pulling a string across the top of a mattress and taking picture is my opinion does not constitution a full evaluation of a mattress. This method of evaluation does not use any weight to measure the compression of a mattress. It only measures what is seen on the surface. Any body of the stress can take a string and pull it across the top of a mattress and take pictures. u201c Oct 29,2014- u201c If Mattress Marshall is so good at what day to then why if there is a common problem with the same mattress they do not recommend to recall mattresses with the same problem over and over same manufacturer same product defects over and over. They should watch themselves life Sleepy’s and they are not once again slammed with another class action suit. The way inspection mattresses are a lot like owner of their company.u201d July 3,2013 u201cThe same thing happened to me now I’m stuck with $2000 mattress that is defective for the same reason. Yes this companies reports to the mattress company to buy your product from and thus affect whether or not you get the proper help and exchange that is needed. The u201c string measurementsu201d and photos do not show what’s going on inside the bed where the actual problem is. Therefore these mattress companies that you spent thousands of dollars on will not replace or fix your bed problems. This was a huge hit to my pockets and is unfair that I cannot get the help that they say you will get if anything were to happen to your bed. Plus I’m moving out of state where these companies do not service. I am a single parent barely making ends meet so I do not have the luxury a dishing out couple of thousand dollars again and wrong and this is completely unacceptable for anyone no matter their financial situation should have to put up with. Maybe if they were in a situation themselves they would better understand and listen to the customer as to what the problem with the mattress is so they could better/effectively inspect what the actual issue is not the management of indentation is that is nothing to do with the area of the mattress as having the problem.u201d January 22, 2013 u201cpulling a string across the top of the mattress and taking pictures in my opinion does not constitute fall evaluation of the mattress. This method of evaluation does not use any weight to measure compression of a mattress. It only measures is what is seen on the surface. Anybody off the street can take the strain and pull it across the top of the mattress and take pictures. I’m telling you what they did at my house.u201d Jan 21, 2013 u201c They came to my house an the only thing they did was measure if the surface had any indentions in it. They did not check the real problem we had with the mattress which was that it had varying degrees of support depending where you are sleeping on it The guy stated that he was not allowed to lay down or sit on the bed. At one point, he stated that we should get rid of the side rails ad foot board and attach the bed to the wall. This made no sense as the problem was not the foundation by the mattress breaking down internally. I got the impression that this inspection was used to cover the manufactureru201d. C. MATTRESS MARSHAL IS AN INTERESTED PARTY WITH SLEEPYu2019S It is interesting the on September 10, 2012, the Vendor/ Mattress Marshal replied that they u201cinvented this testingu201d and widely accepted use but does not state by which regulatory agency that they are accepted by. Second, they acknowledge that they indeed have contracts with most major bedding retailers and manufactures around the country. By being the service provider for mattress companies around the country, Vendor has justifiable consideration for issuing certain results because – by issuing result using their developed u201ctestu201d, they maintain their contractual relationship with the major mattress retailers, and manufacturers. And they are motivated by the compensation that they enjoy. I am sure that they will be called as an expert on behalf of the mattress companies- not the consumers. Without mattress companies or retailers direction and assurances and saving the manufacturers from lawsuits, Vendor is doing its job FOR the retailers or manufacturers such as Respondent. It appears to be a serious conflict of interest and intervener from another class action lawsuit. D. PATENT OF INVENTION OF MATTRESS MARSHALL By the way, since this testing method is u201cinventedu201d, are they patented because I am curious to know how this method of testing, so new and novel cannot be. REQUEST: Can you provide me with the patent number and what type of patent it is? E. MY MATTRESS HAS DETERIORATED MY BACK AND SPINE My complaint has been that this mattress I bought from Respondent was to save my back and ironically, within 6 months, I started to have back issues, and had epidural shots to my back 5 times, and I have had back issues. Spine being the epi-center of weight of oneu2019s body and core of a personu2019s nerves, spine issue or deteriorating or exacerbating pre-existing condition, accelerating and worsening of the issue. As a runner for many years, I had no issues. I had no back issues until I got pillow top Sleepyu2019s mattress. I am constantly sinking. I, like most consumers, justify that if I spend a lot of money on mattress, it will save my back. But with my back deteriorating, and I am sure I am not the only one with deteriorating back issues. No one who spends a lot of money actually a question that isnu2019t the mattress manufacture I donu2019t know : 1- whether the same manufacture distributes the same mattress to all retailers or not or; 2- whether they sell old warehoused models first, which technically is fraud; or 3- if this industry permit re-labeling of the same mattress as requested by the retailer ( Ex. -Simmons names for Sleepyu2019s as u201c Simmons Luxury Pillow Top u201c whereas the same mattress for another retailer 1800 Mattress might be called u201c Simmons Delux Pillow Comfortu201d; and thereby preventing the consumer to legitimately, u201ccompareu201d prices because the same mattresses are being named per the direction of the retaileru2019s request. When a consumer tries to compare shop for quality, the retailers are easily covered that they are the only retailer because technically by virtue of having the same name, it is. But it sounds like unfettered scam, designed for retailers to hold control over the selling method rather than being honest and transparent. One less spring coil or one less testing might cost the retailers- manufacturer contract to be diminished by millions of dollars which is toethe detriment of the consumeru2019s health like me and for some serious economic impact!. And if I have herniation of the back and it continues to deteriorate because this u201cstring testu201d by Sleepyu2019s hack, whose fault is it? Here are some examples of similar complaints as mine (Exhibit D- Rip Off Complaint No. 2 and Exhibit) September 18, 2015 u201cWe purchased a $3500 of the line boxspring and pillow top mattress from Sleepy’s Mattress 18 months ago. We both noticed we are waking up with sore backs. I looked at the mattress while my wife was sleeping and couldn’t believe how much the mattress was sagging. We went to our local Sleepy’s mattress company and the salesman advised us to call the mattress warranty company to The mattress warrants kit. They sent it out to us what a joke that is. You have to run a strain across the mattress and take photos of the sagging mattress. I called and explain that we have a pillow top mattress and when you are not laying on it you can hardly see any sagging but when you lay on it it gets a 6 to 8 inch sag and mind you my wife is only 140 pounds and I am hundred 180 pounds. I sent the pictures as per the kit instructions and as I expected based at the mattress is fine. I told the person on the phone how can you see the sag in the pillow top mattress. He said you can call Seeley mattress and take it up with them. I told him I purchased the mattress from Sleepy’s and it is not my responsibility to call the manufacturer. This warranty his bogus and they do not stand behind their product. Now we have to go out and buy a new mattress. Where having a four bedroom townhouse builds and New Jersey shore and will not purchase any matches from Sleepy’s.u201d I attach for your reading, Exhibit E- Rip Off Complaint No. 3 and Exhibit F, Rip Off Complaint No. 4

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