• Report: #1066123
Complaint Review:


  • Submitted: Thu, July 11, 2013
  • Updated: Thu, July 11, 2013

  • Reported By: das187 — New York New York
1000 S. Oyster Bay Rd. Hicksville, NY, 11801 New York City, New York USA


*Author of original report: To "Concerned": Thanks!!

*Consumer Suggestion: Solution

*Author of original report: Interesting?

*General Comment: Interesting....

*Author of original report: Read again, Tyg.

*General Comment: Actually......

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Four years ago my wife, generally a savvy, alert consumer, decided to buy a Tempur-Pedic mattress. She has serious spinal problems due to a genetic disease.


Years earlier it had been possible for us to buy a good, solid, simple, extra firm foam mattress on Canal Street, here in New York, from a store that specialized in this. Many types and firmnesses. A selection that far exceeds any bed store I’ve seen since. Excellent quality, proper support and comfort that lasted for well over 10 years for about $150.


But such stores can no longer exist in NYC. They've been priced out of the retail rental market, leaving the consumer with higher prices, less selection and lower quality in the sales force.. [continued below]....



We have a couple of lumbar support and seating cushions for driving that contain Tempur-Pedic memory foam, and we rely on them and find them very comfortable. (She is unable to use public transportation, even to stand and wait for a bus to or to climb the steps. The mattress is a medical issue for her.) The Tempur-Pedic she tried at a Sleepy’s store seemed to suit her spinal problems well. But lumbar supports and seat cushions are not the same as mattresses.


Her orthopedist, a specialist in her type of spinal deformity and bone weakness, recommended a Sealy Posturpedic. But when she stopped in at a Sleepy's store on Broadway (2581 Broadway, NYC) she was sold on the Tempur-Pedic. (I subsequently started having back aches for the first time in my life, but it seemed OK to her -- more or less.)

More to the point, the salesman -- the Sleepy's salesman -- emphasized their 30-day "return it for any reason" guarantee, providing nothing whatsoever in writing. He also pushed the Tempur-Pedic 20 year warranty against any problems with the mattress (again, nothing in writing), which he said was only valid if the mattress was never stained. He provided no written documentation containing Tempur-Pedic's care recommendations or requirements to insure that the guarantee would remain valid. Only a verbal description, and his assurance that we should follow his instructions. The only document we ever received was the bill of sale. Little did we know there was a lot of documentation we should have received!

Then, he sold her on a Fabrictech mattress protector for about $70. They seemed to go together. (i.e. Buy this mattress but they want you to buy this thing to protect it, as if the two companies had some sort of connection. Maybe they did. Today, Tempur-Pedic makes its own mattress protectors. I wonder if Fabritech ever required distributors, like Sleepy's, to fully explain the terms of its warranty and to provide customers with written documentation on required care. It certainly was not provided then, for either company's product. But the essential reason both Tempur-Pedic and Fabritech have given us problems at this point is because of the deceptive, negligent sales methods of a Sleepy’s store. All is guaranteed, but you must protect it with this. It was never explained that the protector had to be maintained in a certain way in order for Fabritech to ever, ever honor their warranty – upon which the Tempur-pedic warranty would likely rest. Sleepy’s never gave us any documentation from either company. All we needed, they said, was to place a phone call in case of a problem, and claim the warranty coverage.


As far from the truth as you can imagine.


This must sound like some kind of idiot falling for a ruthless salesman. But it should be understood that she lives in constant pain. Just standing and talking to him was painful, and he had been informed of this. He had been informed that there was a major, serious medical component to this purchase. Clearly, he played on that. I’ve seen NYC salesmen who are very, very talented.


"If you buy this mattress protector," he told her, it would protect the Tempur-Pedic mattress’s 20-year warranty, since it would prove we had done everything possible to protect the mattress spills and stains. He actually said (and I quote verbatim) “Even if you never use it -- it could just sit in the trunk of your car. As long as you have proof that you bought this mattress protector [from Fabrictech], your protection under the Temper-Pedic mattress's 20-year warranty is guaranteed."


No joke. Those were the exact words of the Sleepy’s salesman: "You could just leave it in the trunk of your car..."

He never provided any paperwork for the Fabrictech mattress protector. All we needed, he said was the bill of sale, which we have kept these past four years. (It will be four years on July 27.) It’s in the “Mattress Warranty” file, along with all the other documentation pertaining to that purchase. It is a file with one piece of paper: the Sleepy’s sales invoice. I’ve received more and better documentation from cordless telephones.


Clearly, we knew the Fabritech mattress protector had to be used on the mattress. The Sleepy’s salesman told her that if there was ever a spill, just wipe it off. The mattress protector is waterproof. If we wanted to clean it further, it can be machine washed and even put into a dryer. The synthetic lining on the cover’s underside is heat resistant (which explains why it causes one to perspire so much while sleeping: it reflects all your body heat back up at you. In an air conditioned room you are cold on top and sweating underneath.


He never, ever gave us Fabrictech's full conditions of its own warranty: its "recommendations" for care (which are actually its requirements to keep the Fabrictech warranty in force), and its many, many, many limitations. We never knew such a document existed. He said if something spilled, it would wipe up easily, and we could, if we so desired, remove the Fabritech protector and wash and dry it. He never said that regular washing was recommended, let alone required.

Recently, she spilled some iced coffee.


I quickly removed the sheet, wiped off the Fabritech mattress protector and cleaned it gently with a clean sponge. Then I decided to completely remove and wash it, as the Sleepy’s salesman said could be done, if so desired. It seems counterintuitive to think that something essentially made of plastic could be machine washed and dried at a high temperature, but that’s what was said.


I immediately found that the spill had gone right through the mattress protector, through the Tempur-Pedic’s own zip-on covering and into the mattress. I washed all of those as quickly as possible also, with plain water and a little mild soap. This was a mistake: this violates Fabritech’s requirements for the use of their BedBarrier®, and -- I was told later on the phone by Fabrictech’s customer service manager -- a violation of the proper care of the Tempur-Pedic mattress. But we didn’t know it yet. We had done exactly what Sleepy’s had told us. We had, recall, nothing in writing from any of these corporate entities besides a sales invoice. No limitations on their parts, no requirements on our part, nothing. (“You could keep it in the trunk of your car.”) One can only assume Fabritech had never required that Sleepy’s must provide customers with their Bedliner Ten Year Warranty and Care Guide, a document we never knew existed, despite questions at the time of purchase. All was verbal, and grossly inadequate.


On removing the BedBarrier, the under-coating of the protector had, over the past four years, disintegrated into a useless bunch of plastic flakes.


I certainly understand why this was the first mattress in my life that made me sweat so much, but I could not understand why its functional layer had flaked off into thousands of pieces.


Sleepy’s was useless.


My wife called Fabrictech and spoke with someone named Kristina, who asked a few questions and was given as much information as my wife could give, not having recalled every detail, the precise time frame, and so forth. Nor did she understand the reasons for all the questions. Kristina never mentioned the Care Guide, which detailed their limitations and our obligations; never asked if we had it. She just asked questions, heard the replies – most of which were uncertain, though she wrote them all down as precise facts – and then asked that that we fax them a copy of the sales invoice.

What she had been doing was checking off every possible reason to deny the claim, but she was careful to never let on.

Five days later their response arrived in the mail. It took the form of an indictment against us. Section One: a summary of the claim, with their chosen “facts”. Section Two was the “determination”. We had voided the warranty. There was a list of our “violations”. “Warranty Violations (list): Stains must be reported no later than five business days after the occurrence. This warranty will be void if the customer attempts to remove stains through any other cleaners or with any other cleaners or stain removers other than those outlined in the warranty.” As if we had ever been given this “warranty” to read and study, or these terms had been told to us by Sleepy’s. Our experience there had been made clear to Kristina. “Do not attempt to clean your mattress with household cleaners as this will void theBedliner Warranty.” Really??? “Explanation of Outcome: Stains that have been present for an unknown period of time will permanently set into the mattress.” They seem to know a lot about a mattress they do not manufacture or sell. “Use of unauthorized cleaners, such as soap and water [!!!!?????!!!!], can set stains permanently…and are direct violations of the Bedliner warranty. Due to the above violations, the warranty has been void.” I think them mean “has been voided.” They could use a little lesson in grammar and usage. I’ve left out their other violations of the English language. Section 3 was “Consumer’s Responsibilities”: “Responsibilities and Recommendations: Fabrictech International will no longer service the mattress or Bedliner associated with invoice [Sleepy’s invoice #].” Etc.


I called them and was greeted immediately by a hostile young man named Chris, who eventually told me he was the customer service manager, and spent over half an hour berating me for all the things we had done wrong and all of our violations of some mysterious set of rules we had never heard, let alone seen on paper. He ignored my queries and our accounts, which I repeated, of the failures on the part of Sleepy’s – their retail distributor – which was ultimately responsible for selling us a sort of “blanket coverage” that led to his ability to deny his responsibility, and therefore, most likely any responsibility on the part of Tempur-Pedic, who we have not yet even contacted. Chris even went so far as to say (I paraphrase here) “we know exactly what you and your wife did and failed to do, and when these things happened because we record all calls for quality assurance.” (Quality assurance? Sounds like they record calls as a means of gathering evidence!) So, my wife’s phone call would be used against us, and had already been used against us. It seems they “recommend” that the Bedliner be laundered once a month. He also said that failure to follow this “recommendation” was a violation of the warranty agreement. Any stain, whether successfully repelled or not, MUST be reported to them within five business days. Failure to do so…etc.


He was remarkably hostile, like a district attorney prosecuting an alleged felon. (Imagine Jack McCoy putting you on the stand. “You have a driver’s license, so you must have taken a driving test and know you cannot drive on the left side of the road or park at a fire hydrant. Isn’t that right? You have violated the terms of your license, so we have revoked your license and will be impounding your vehicle.” That’s what the call to Chris was like. Seriously.) Looking at my phone I saw that we were approaching half an hour! I finally got him to admit that there was written document (which he would not even concede we might not ever have been given): the sacred warranty and care guide. (Mind you, I maintained my composure and remained polite the entire time in spite of his rudeness and hostility. Of course, if this call was recorded, I would love to get a copy of it to use against both Chris and Fabrictech. I’m sure that, in keeping with their policies, it has been erased, or altered to use against us. I’m also sure it is their policy to respond to calls following a claim denial in such a hostile, prosecutorial manner. I’d even lay odds that, having our phone number after our initial call and their “determination” mailing, their phone system was set to automatically direct any incoming calls from us to Chris, the modern embodiment of the Spanish Inquisition in Cedar Grove, New Jersey. Nevertheless, I made it clear to him that although their Bedliner was a crumbling piece of garbage and his company had failed us just as much as Sleepy’s had, I felt there was much blame to place on Sleepy’s, and finally got him to admit there was a document I should have, from which he was quoting like an automation (that’s what he gets paid for, right?), and got him to e-mail it to me.

It is quite a document, dated the exact year we bought the Bedliner, though it does not state what month it was authored. Perhaps it did not exist when Sleepy’s sold us our magic warranty-sustaining shield, the Fabrictech Bedliner. It completely fills an 8-1/2” x 14” sheet of paper, and refers to the company as “Fabrictech2000” – not Fabrictech International.

Had we ever seen this document, believe me, we would have studied it, copied it and kept it in many places, particularly under the mattress. (A careful reading shows that Sleepy’s grossly misrepresented the mattress warranty protective properties of the Fabrictech warranty. Had we ever seen it, we’d have probably never bought the mattress: the consumer is, for all intents and purposes, protected by nothing unless nothing purchased that day for about $1,800 is ever used. If you sweat while sleeping and admit this when Kristina asks you: VIOLATION!!! VOID!!!! Evidently the perspiration the Bedliner causes not only voids their warranty, making the mattress warranty void, Fabrictech’s Care Guide equates it with all other bodily fluids (and hair!), as well as “medical incontinence…unknown stains…harsh caustic acids, dyes…willful destruction; bleaches…” etc. etc. They only left out radioactive waste. And they do permit you to engage an “independent service agent” who may deem “the mattress unsanitary.”


Bottom line:

- Sleepy’s was grossly negligent and deceptive, and misrepresented the warranties of the products they sold, which ended up being a very expensive bunch of useless stuff. For us, this is a medically critical situation.

- Fabrictech permitted Sleepy’s to sell its product with grossly inadequate “recommendations”, making it impossible to adhere to the consumer’s obligations, as these were never made available.

- A rather expensive mattress – with a now unusable warranty – has been compromised by the failure of the Fabrictech Bedbarrier, following the failure of this consumer to follow instructions to which we never had access – until AFTER a half-hour, abusive phone call.

- Sleepy’s owes us much time, a new Bedbarrier (the one made by Tempur-Pedic is probably superior), and a new mattress).

- Chris owes us a lengthy apology, and should be fired after being forced to purchase all of the above, simply owing to his inexcusable hostility and dishonesty.


Stay away from Sleepy’s. Stay away from Fabrictech. If you buy Tempur-Pedic, get it somewhere else and do your homework first.

This report was posted on Ripoff Report on 07/11/2013 05:20 AM and is a permanent record located here: http://www.ripoffreport.com/reports/sleepys/new-york-city-new-york/sleepys-never-buy-tempur-pedic-or-fabrictech-at-sleepys-new-york-city-new-york-1066123. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

To "Concerned": Thanks!!

AUTHOR: das187 - ()

Dear Concerned (author of "Solution"),

Thanks for the advice! The protective cover was not a Tempur-Pedic cover, but one that the Sleepy's store was pushing. Naturally, everything the Sleepy's salesman said was wrong. (Following his lack of advice, it naturally just crumbled.) It's reassuring to hear that Tempur-Pedic has problems with such retailers as well. (This guy literally said "you could just keep this protective [waterproof] cover in the trunk of your car and simply having bought it would extend the warranty of the mattress" to something like 20 years.  No real paperwork, no instructions for the mattress or the 3rd party protective cover...everything you would expect, knowing what you've learned at Tempur-Pedic. We've since found out a few things ourselves, but what you say is very, very helpful. It's quite possible that for her back (not a typical orthopedic presentation, by any means) a somewhat different model might well have been a better choice. For mine too (I'd just gained quite a few pounds due to illness). Other than that it's a great mattress. Why we both started getting backaches after buying it could be for any number of reasons. Now she's recently heard (source: I don't know!) that some Sleepy's stores (and others, I think she said) acually sell "counterfeit" brand name mattresses that look like the real brand name. (There are markings on it, visible after the Tempur-Pedic zip-on cover is removed, that I can't quite make out, but having read your advice, I'll just call and ask.) Anyway, it's good to hear your advice, and really validates our suspicions that the Sleepy's store just could have done a better job of finding the best thing for us but didn't, and that Tempur-Pedic just wants its customers to be comfortable and happy, and will help out however they can. Should have gone straight to them in the first place!! Thanks again!

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#2 Consumer Suggestion


AUTHOR: Concerned - ()

You said that the underneath of the cover was pilling.  If it was the underneath of the Tempur-Pedic that is covered under warranty.  I worked for Tempur-Pedic within the past year, and I worked there for years.

I will tell you now, that retail stores will tell you whatever they can to get you to buy.  Also, they know very little about the Tempur-Pedic beds evn though Tempur-Pedic has trained them many times.  They just don't seem to get it.  I'm going to share some facts with you.

1.  Stains on your mattress does not automatically void your warranty.  Clear abuse will void it.  If you accidentally get a little spot on it they will not say anything abou that.  If you can clearly see someone has many large stains on thier mattress it might void thier warranty.

2.  Washing the zip on cover does not void the warranty as far as Tempur-Pedic is concerned.

3.  Tempur-Pedic is very customer friendly, and they will work with you the best they can.

I would suggest call them or emailing them.  They might be able to assist you.  800-821-6621 or customer.service@tempurpedic.com 

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#3 Author of original report


AUTHOR: das187 - ()

In retail? Sounds like I hit a raw nerve, TYG.

Maybe you've chosen to create your own, fourth side to the story? Perhaps you are heavily biased in your own way: everyone else is right and perfect and the person complaining -- on a forum for just that purpose -- is wrong almost by definition. That is what it sounds like.

I say, try to keep an open mind and put yourself in the other person's place. You seem just a bit too happy to heap your own version of blame, criticism and abuse based on assumptions you seem to have created. Maybe they're based on the unruly retail customers who give you a hard time -- and there are far too many of those.

Personally, I make sure that managers at as many levels as possible are aware of the great customer service and retail people who help me out or point out where I made an error. They get too much abuse from everyone else, both management and customers, and far too little appreciation. So please don't pretend you know me or my facts, and please don't discount what I say as though it is some sort of deranged fiction. I could speculate that you're having a bad week and looking for an outlet, but that would be an assumption. And we all know what happens when we assume.

You are right that I initially let my emotions take too much control, and hit enter too fast on a forum that allows for no editing. My fault. Mea culpa. When verbally abused for no reason by someone who, by definition, is supposed to at least try to offer some kind of assistance, even if not within his/her power, this is a normal human response. (Recall: I was not blaming him, but his company's distributor -- only looking for an explanation, and hoping for the proper first line of direction, if possible -- and it is possible. (Yes, I've checked.) Of course, you've already decided that we were wrong in all ways right from the start.) I do find it incredible that you absolutely refuse to believe we never received correct information in full, and nothing in writing, despite requests, or that we tried to get it from all parties, or that all parties really did give us a lot of insincere, untrue explanations and assurances I won't even go into. Quite frankly, I'm tired of it. You say we've gotten four good years out of it. They have not been good, and one product was suposed to last 10 years, the other 20 years. And again, look at the legal findings against Sleepy's. They are huge. Had I know this before I'd have said "Stay away from them!" Personally, I was not there at the time of purchase and could only be there to receive a large, heavy item from a couple of very hot, very tired delivery people. I'd not have gone through with the purchase, but shopped around. When someone is in great  pain (and you should only know just how much), they may dive in too quickly, and then have to settle for the written assurances and details later, when they're "back in stock" or when a higher level person reassures that all we need is what we have, an invoice and the phone numbers. (Oh, yes: I recall a lot of details.) Perhaps you do not believe there are retail sales people who take advantage that way. My style of buying is different, but I've been dealing with it on and off for a long time, and have had to intervene many times, and walked away many times. And please don't assume that this is simply about "a stain". It involves changes in a complex mixture of organic polymers. Get back to me after you've studied, taught and practiced organic and physical chemistry. Therein lie many of the details of these products and the faults of the sales personnel and companies involved. This forum is to let people be aware of potential problems they may be likely to encounter (that's what it says). If I did so with too much emotion for your taste, you are free to not read such postings, or to ignore them; especially if they are likely to hit a raw nerve. But that is an assumption on my part; an assumption I have no right to make.

I do appreciate your point of view, for what it is worth.

I hope the weekend treats us all a little better, and gives us all bigger fish to fry -- or, if we are lucky, not.

Thank you for your insights, and may God bless!

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#4 General Comment


AUTHOR: Tyg - ()

 Isnt it interesting when someone has a differing view point, ppl like you ALWAYS assume that its the ppl they are reporting. Listen I dont know the person you accuse ME of being. I do however work in retail and I DO know what is the retailers responsability. I also know what the consumers rights and responsabilities are. As such I try and help those ppl who need help here. Unfortunatly you are making OUTRAGOUS demands. No company in the world would give you what you want. You are pointing fingers without accepting YOUR part. YOU had a responsability to know what your warrenty covers. IT IS A CONTRACT!!!! To sit there and post your rant without accepting what was your LEGAL ROLE AND RIGHT simply goes to show that YOU ARE LOOKING FOR SOMEONE ELSE TO BLAME!!

First...we only have your incredibly jaded and skewed version of the story. As there are 3 sides to a story, your side ,their side, and the truth. As you are telling the story it will be slanted to show everyone else was the bad guy and you were the poor little victim. Im not discounting what YOU BELIEVE happend. I believe you when you say that you didnt recieve any paperwork. You may have and lost it, they might have given it to you but you didnt recognize it as the information you needed. I dont know, I wasnt there. I can only go on the information you have posted. But I refuse to believe that you are not smarter then the average high school student. Given your writting style, I would guess you are over 40. YOU CANNOT SIT THERE AND PLAY IGNORANT!! You are a grown human being. You have lived life and are wiser for it. You have had contracts before, you have had warrenties before. You KNOW what is expected from you as a consumer.

I simply point out that you have your part to play in this little drama of yours. It was YOUR responsability to know what your warrenty covers. You have lived long enough to know that there is no "blanket" warrenty. As such, that means there are things that would not be covered. That would suggest to your average individual that they may want to know what is not covered. Which would mean that if you did not recieve the warrenty information from them then you should have found it yourself. Even as I sit here writting this I know I can tab over and do a search on ANY search engine and have all the warrenty information needed for any product I own. It takes mere mins to do.

Im not discounting your experiences, I really feel you believe your story to be true. However, like I said earlier, thre are 3 sides to EVERY story. You tell a story well, you play an excellent victim, but theres more to all of this. You conviently neglect to inform anyone who reads this post that you had rights and resposabilites that you DID NOT DO. You post on a public forum and expect everyone to buy what you say as the only truth. When reality is that there is more then enough blame to go around.

Ok maybe the sales person was the big bad wolf. Maybe the mattress pad ppl were the monster under the bed. That would fall within your world view of the situation. But you had things you did not do and can not expect everyone to fall for the line of BS youre slinging. You can not expect that the company to do more then what they are legally obligated by the warrenty contract to do. You seek to assign blame but accept none for your part in the situation. Ok so your mattress has a stain on it. Get over it accept that there is no resolution from either of them. Get on with your life, and next time DEMAND the warrenty information.

As someone who suffers from spinal problems I understand how your wife feels. I hope she feels better.

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#5 Author of original report

Read again, Tyg.

AUTHOR: das187 - ()

You arrogantly say I did nothing.

Did you read what I said?

Sleepy's was useless, I said.

We DID contact them both back then and later,  and asked for all warranty papers. We were told, again, all we needed was the sales receipt.

We asked the same of Fabrictech as well.

It is very easy for you to put down the injured party.

And within less than 2 hours???

Was that just random? Or were you looking for my posting, since there was a good chance it would be there?

Maybe you, yourself are Chris, doing what you've been ordered? (And helping ripoff report sell their ad space.)

Look at the other reports on Sleepy's.

I'd love to know your motivations. Really.

I reiterate and stand by my assertions.

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#6 General Comment


AUTHOR: Tyg - ()

 You seem to be pointing a lot of fingers at other ppl. Looking for someone to blame. Yet you FAIL to acknowledge your own failings. You as the consumer should have reaserched your warrenty when you purchased your mattress. If you did not recieve ANY warrenty paperwork, then you should have asked for it. If they did not give it to you then you should have done the reaserch yourself online. You cant sit back and make these demands when you yourself DID NOTHING. You could have printed out a copy online. You could have called and requested a copy be sent to you by USPS or e-mail. You are demanding a NEW MATTRESS when it wasnt Sleepys or the company that made the mattress protector useing the mattress. You have had 4 years of good solid use. Stains dont keep you from useing the mattress. Im sure after a hard day you go lay right on down on that mattress. Also Mr. Pot calling ppl out on grammer mistakes is more then just childish, its downright insulting. ESPECIALLY after reading your post and finding gramtical errors along with punctuation errors. This is a public forum not a college paper. Before you start pointing fingers I suggest you look at the real culprit in this. But if you do that you would have to accept your part in this situation. I dont think you have it in you to do that.

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