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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6850
Experience:  Licensed attorney helping individuals and businesses.
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I bought a top of the line select comfort mattress around 2005.

Customer Question

I bought a top of the line select comfort mattress around 2005. I've replaced parts as necessary over the years - however last night I found the bed was full of black mold as I was doing some maintenance. I looked online to see if others had the same issues and it appears as if the company has known and has changed their formulations for foam, etc. BUT they never informed me as a customer (I know they had my information on file) that this could be an issue and there was a resolution available. Why wouldn't they mail me something - a recall or notice? They did agree to send me all new components - but I've been sleeping on a bed of toxic mold for months which could have been avoided.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 2 years ago.
are you asking for options to pursue a claim?
Customer: replied 2 years ago.
Expert:  Infolawyer replied 2 years ago.
You can pursue a claim on theory of breach of contract and misrepresentation. This can be handled by negotiation, lawyer demand, complaint to management, complaint to the BBB, attorney general complaint and lawsuit respectively.