Class Action Lawsuit Alleges Wayfair Has Sold Mattresses ‘Infested’ With Bedbugs for At Least Two Years
Wayfair finds itself on the receiving end of a proposed class action lawsuit that alleges the online home furnishing retailer has for at least two years sold mattresses and other items that were “infested and crawling” with bedbugs. The 43-page complaint further claims that despite possessing knowledge of the situation, defendants Wayfair Inc. and Wayfair LLC have failed to fix the problem and to this day continue to sell bedbug-ridden products to consumers.
“Despite knowing that their Beds were infested with bedbugs from the countless consumer complaints they received,” the lawsuit reads, “Defendants intentionally concealed this fact from Plaintiff and other Class members in an effort to unfairly induce them to purchase a worthless and dangerous product that Defendants knew no reasonable consumer would purchase had they disclosed the infestation.”
Wayfair knew about bedbugs since at least 2016, case claims
As the lawsuit tells it, Wayfair has known since at least June 2016 that bedbugs—known more properly as Cimex Lectularius—have infested a sizeable number of mattresses, bedframes, and/or headboards shipped out of its warehouses. The suit, which is light on details, rests mostly on complaints submitted to Wayfair by customers.
Predictably, Wayfair’s customers have been quite vocal about the situation for some time, dumping on the company a landslide of complaints that tonally run the gamut from “mildly inconvenienced” to worryingly alarmed.
Wasted holiday. I called Wayfair this morning and complained, they instantly said no problem, they'll refund my money. I think Wayfair knows of this problem, as they didn't seem surprised. Now I am just praying that we nipped it in the bud and don't have to hire a exterminator, etc. Going to report this to the State as well, since an online complany [sic] is essentially spreading bedbugs.”
— San Diego, California Jul 05, 2016
My husband started experiencing the same type of bumps but on his arm. We have literally spent the past 48 hours tearing this entire house apart; all clothing, towels, blankets, anything of that nature we had to treat at the laundry mat, pulling entire rooms apart spraying scrubbing steaming vacuuming crying sweating all the while with that pit in your stomach to realize what has actually happened in your home! We’ve trashed our bed our couches our pillows for our bed and couches, rugs, and clothing we decided we could do without. We’ve lost our entire weekend cleaning a problem that I feel we could have prevented had I researched ordering from here a little deeper! I’m tired! I’m stressed, I’m talking $300 easy to clean up and repair this disaster! So, please please take heed my warning! The beds look nice, and the prices are reasonable but after paying to destroy my own home over the last 2 days it puts this all into perspective. Not only am I exhausted I’m traumatized, every speck I see I’m doing double take...”
— Jun 24 [2018] BEDBUGS!!! Please do your research before purchasing any bedding from Wayfair
They sent us a bedbug infested headboard! I asked for our money back and tild [sic] them that because of fraud, we had changed bank accounts. Related: Parks Furniture - BEST PRICES/GOOD FURNITURE Then they said they couldn’t [sic] issue refund to new accpunt [sic] and gave us store credit. Who would trust buying from them again? We went out and had to buy a new bed and spent over 1000 dollar's on extermination, we asked fir [sic] a check, the suoervisor [sic] stated that because it had been too long they wouldnt [sic] issue us a check. I am now in persuit [sic] of refund as well as reimbursement of exterminator fees, playing nice clearly doesn’t [sic] work. I plan on telling eberyone [sic] including media outlets about this, all we wanted was our money back so that we werent [sic] in debt ober [sic] this new bed!!”
— Wayfair - Bedbugs in tuffeted bed May 18, 2017
The plaintiff, a New York consumer, says she reached out to the retailer’s CEO in search of reimbursement in mid-September 2016 after buying an upholstered headboard apparently contaminated with bedbugs.
Does the suit say what caused the alleged infestation?
The suit makes no explicit claims with regard to the source of the alleged bedbug infestation outside of noting Wayfair possesses five Castle Gate warehouses nationwide. The plaintiff asserts in the suit that the allegedly bedbug-infested headboard she purchased from Wayfair was “stored in a facility infested with Cimex Lectularius.”
“Defendants have, and had, exclusive knowledge of their storage procedures for their beds prior to shipment and of the condition of the beds prior to shipment,” the case reads.
Has Wayfair compensated consumers who bought supposedly contaminated products?
According to the lawsuit, neither the plaintiff nor any other customer has been compensated for damages related to bedbugs.
Which consumers does this lawsuit look to cover?
The lawsuit asks that the court certify a class of consumers nationwide who bought a mattress, headboard, bedframe, or other bed component from Wayfair that contained bedbugs. Similarly, the case proposes a multi-state consumer fraud class covering Wayfair customers in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York and Washington who purchased certain bedding components contaminated with bedbugs.
How can I join this lawsuit?
For just about every class action lawsuit, there’s nothing you, the consumer, need to do to “join” the suit. In fact, there may not be very much for you to do for a long while, at least until the case moves a little bit farther down the legal pipeline.
For now, hang tight and check back with ClassAction.org for any updates.
The lawsuit can be read below.
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