A Los Angeles woman is suing Sit ‘n Sleep Inc., alleging that the company’s slogan, “We’ll beat anyone’s advertised price or your mattress is free,” is misleading because no competitors sell the exact same products.
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“As such, there is no price to match or beat, because no one else sells the identical make and model of a particular mattress sold at SNS,” Shirley Ambers alleges in her Los Angeles Superior Court lawsuit, which alleges false advertising and fraudulent and deceptive business practices.
The proposed class-action complaint, filed Monday, also alleges that Sit ‘n Sleep mattresses are smaller in comparison to industry standards.
A Sit ‘n Sleep representative did not immediately reply to an inquiry for comment on the suit, which seeks restitution and attorneys’ fees.
The complaint states that Ambers bought an Eastern King mattress, as well as a box spring, bed frame, mattress cover and fitted sheets, from the company’s Tarzana store on July 4, 2013. Soon afterward, she found out that sheets she purchased from other stores for Eastern King mattresses did not fit properly on the one she obtained from Sit ‘n Sleep, according to her court papers.
“Plaintiff further became suspicious because the sheets she purchased from SNS had a special elastic band running through them, which she had never seen in sheets purchased from any other store,” the suit says.
Ambers’ husband measured the Sit ‘N Sleep mattress and learned that it had 9 percent less surface area compared with what is indicated on the tag and with industry standards for Eastern King mattresses, according to the suit.
“Had plaintiff known the truth .. plaintiff would not have purchased her mattress from SNS and/or she would not have paid as high as price as she paid,” the complaint states.
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Sit ‘n Sleep also is known for its “You’re killing me, Larry” commercials.
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‘You’re killing me, Larry!’ bed firm gets wakeup call: lawsuit on ‘mattress free’ vow was last modified: June 28th, 2017 by Ken Stone
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