Sleepy's LLC Sleepy's Warranty Fraud Hicksville New York

On June 11, 2011, I purchased a Kingsdown 300 series (blue/green) mattress from Sleepy's. I was informed that the mattress was warranted for 10 years against defects. On December 2013, I scheduled a mattress inspection with Sleepy's to review a deep sagging impression on the firm side of the mattress where the springs can also be felt protruding through the top uppermost layer. On 29Dec13, technician (Mr. C) arrived at my residence to take pictures and measurements of the mattress. Mr. C used a length of knitting yarn and a white sheet of paper to measure the deep impression in the mattress. I brought Mr. C a calibrated ruler, a level instrument, and additional NIST traceable instruments to obtain a more accurate measure of the depth of the impression. Mr. C refused and informed me that sleepy's will only allow the use of knitting yarn and an angled ruler on a stand (not compliant with ISO 17025 Calibration). Furthermore, I asked Mr. C to feel the bottom of the impression and he confirmed that he felt the metallic springs protruding through the mattress uppermost layer. With Mr. C present I used my own calibrated instruments to show him that his methods greatly skew the true depth of any impressions; my measurements produced a mattress impression depth of approximately 1.9 inches. I showed Mr. C that if the impression sagged any lower, the mattress springs would likely breakthrough. I requested that he document as accurately as possible our discussion and evidence during his inspection of my mattress. In January 2014, I received a call from a Sleepy's Representative regarding inspection# 100362952. They explained that Mr. C inspection yielded no mattress defects as an impression of 1 3/8 inches was measured using his knitting of yarn inspection methods and that it did not meet the 1.5 inch requirement necessary to meet the warranty terms. This is a difference of 3mm; the approximate thickness of a nickle. I made a number of phone calls to sleepy's customer service to explain that it is not possible for the inspector to make measurements to that accuracy with a knitting yarn and low resolution camera phone pictures. Sleepy's customer service also said that in the inspection there was no mention of the metallic springs beginning to protrude from the impression. They acknowledged that my mattress box spring was defective but would not honor the mattress warranty. After repeat phone conversations with sleepy's customer service and conversations with line supervisors and managers they gave me the same scripted reply that there was nothing wrong with my mattress and that there are no defects. A internet search of sleepy's complaints yielded hundreds of customers with similar experiences. This is certainly a trend and it appears that Sleepy's is engaged in rampant warranty fraud with or independent of their Kingsdown partner. Sleepy's has clearly trained their inspectors to use poor measurement methods and execute inspections to ultimately falsify report results to allow Sleepy's and their Kingsdown partner to skirt their warranty obligations given significant defects in their mattresses. There is a significant need to investigate this fraud and rampant deception on the part of the Sleepy's organization to protect the consumer public. After mutiple attempts to resolve this matter with Sleepy's I need to begin to peruse resolution with consumer protection agencies.