On May 6, 2014 the Honorable John E. Harrington granted preliminary approval of a proposed consumer fraud class action settlement with mattress giant Sleepy’s.  The settlement was reached in the matter Shabana Chaudhry v. Sleepy’s LLC, Docket No. BUR-L-3025-12,  on behalf of all persons who between November 1, 2006 and May 6, 2014 purchased a Tempur-Pedic mattress from Sleepy’s in New Jersey and were given the following two documents at the time of sale, both of which contain information concerning a customer’s ability to return the mattress for a refund: (1) Sleepy’s standard terms and conditions of sale and; (2) a document entitled “Tempur-Pedic® Swedish Mattress™ 90 Night In-Home Trial” (hereinafter the “Class”).  The Plaintiff claims that Sleepy’s policy of providing certain New Jersey purchasers of Tempur-Pedic mattresses with these two different form documents at the time of purchase was improper because, she alleges, the documents are confusing and contain contradictory information.  Sleepy’s  denies all of the claims and allegations asserted by Plaintiff and maintains that consumers have not been injured and are not entitled to any monetary damages or other forms of relief.  The parties have agreed to settle the lawsuit without any admission of liability or wrongdoing by any party. 

 WHAT ARE THE TERMS OF THE SETTLEMENT?  Sleepy’s has agreed to create a Common Fund of $10,000 that will be used to pay $100 to Class Members who purchased a Tempur-Pedic mattress and have not returned that mattress to Sleepy’s.  Under the proposed settlement, Class members will receive a check in the amount of $100, or a pro rata amount thereof dependent upon the number of  timely claims submitted, via first class mail within forty five (45) days of the Effective Date of the Settlement, if approved by the Court.  In addition, Sleepy’s has agreed to revise the language used in the two documents at issue within sixty (60) days of the Effective Date of the Settlement.   

WHAT ARE MY RIGHTS?  If you are a member of the Class and wish to participate in the settlement, you will need to complete and sign the attached claim form and mail where directed at the bottom of the form.  Claim forms are also available at Class counsel’s website (www.denittislaw.com).  Completed claim forms must be submitted by July 5, 2014.  If the settlement is approved, Class members will receive a check within forty-five (45) days of the Effective Date of the Settlement.  If you are a member of the Class and you do NOT want to remain part of the Class, you must exclude yourself (“opt-out”).  To opt-out, you must mail a written request, postage pre-paid, to Class counsel at Stephen P. DeNittis,  DeNittis Osefchen, P.C., Five Greentree Centre, Suite 410, Route 73 N., Marlton, New Jersey 08053 and Defendant’s Counsel, Michael S. Stein, Pashman Stein P.C., Court Plaza South 21 Main Street, Suite 100, Hackensack, NJ 07601.  The request must be post-marked on or before June 15, 2014, and contain: the name of the lawsuit; your full name; current address and phone number; your signature; and a specific statement of your intention to exclude yourself from the Settlement Class and any judgment entered pursuant to the proposed Settlement.  If you do not opt-out as instructed above, you will be automatically included and bound by any determination of the Court, whether favorable or not, and any claim of yours will be ended by judgment.  You may also file a motion with the Court for permission to intervene in this lawsuit and/or object on or before June 15, 2014, a copy of which also must be served on Class counsel and Defendants’ counsel at the above addresses by no later than June 15, 2014.  Any objection must contain: the name of this lawsuit; your full name, current address and telephone number; your signature; proof of your membership in the Class; the specific reason(s) for your objection; and any and all evidence and supporting papers (including, without limitation, all briefs, written evidence, and declarations) that you would like the Court to consider.  On June 25, 2014, at 9:00 a.m., the Superior Court of New Jersey, Law Division, Burlington  County, the Honorable John E. Harrington presiding, Burlington County Courthouse, 49 Rancocas Road, Mt. Holly, New Jersey 08060, will hold a public hearing to determine whether the proposed settlement is fair, adequate, and reasonable and should be approved.  Class members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval.  Class members who object to the proposed settlement are not required to attend the settlement hearing.  If you want to be heard orally in opposition to the settlement, either personally or through counsel, you must indicate your intention to appear at the hearing in your written objection or by filing other papers with the Court by June 25, 2014 indicating your intention to appear.

Important documents for you to review:

 

Final Claim Form

Signed Settlement Agreement

Final Class Notice