Payero et al. v. Mattress Firm, Inc. et al.,
Case No. 7:21-cv-03061-VLB (S.D.N.Y.)
Final Approval of the Settlement was granted by the Court on August 16, 2023.
If you purchased a Bed Tech HR Platform bed fram bearing Model Nos. HR33, HR33XL, HR46, HR50, HR60, OR HR66 Between April 8, 2015 and April 8, 2021, you may be entitled to benefits from a class action settlement.
A federal court authorized this Notice. This is not a solicitation from a lawyer. You are not being sued.
A Settlement has been reached in a class action lawsuit. In the lawsuit, Plaintiffs Antonio Payero and Adam Maldonado (“Plaintiffs”) allege that Mattress Firm, Inc. and Global Home Imports, Inc. (“Defendants”) manufactured, distributed, and sold Bed Tech-brand bed frames that were defective and prone to collapse, posing a crush hazard that can result in severe injury or death. By entering the Settlement, Defendants do not concede the truth of any of the claims against them, Defendants maintain that their previously instituted recall was sufficient to alleviate any alleged defects with the Bed Tech bed frames, and Defendants deny that they did anything wrong. The Court has not decided who is right. Instead, the parties agreed to a compromise.
The Settlement only impacts you if you are a Settlement Class Member. A Settlement Class Member is any resident of the United States who purchased a Class Product during the Class Period (i.e., April 8, 2015-April 8, 2021). The “Class Product” means an HR Platform bed frame sold under the Bed Tech brand name, bearing the model numbers HR33, HR33XL, HR46, HR50, HR60, or HR66. Excluded from the Class are: (a) Defendants and their employees, principals, officers, directors, agents, affiliated entities, legal representatives, successors and assigns; (b) the judges to whom the Action has been or is assigned and any members of their immediate families; and (c) all persons who timely submit Request for Exclusion from the Class.
Under the Settlement, Settlement Class Members may submit a claim to either (i) return their Class Product to any Mattress Firm store within two years of the Effective Date for a full cash refund, or (ii) keep their Class Product and receive a $125 Bed Tech gift card. Claims for cash refunds or gift cards shall in no event exceed $4.9 million, exclusive of Settlement Administration Costs, the Fee Award, any incentive awards, and other costs, expenses, and fees associated with the Settlement. If the total value of all valid claims exceeds $4.9 million, then the amounts of the Gift Card payments and refunds will be reduced pro rata as necessary.
Class Members will also automatically receive an extended warranty from the later of two years from the end of their standard warranty or two years from the Effective Date.
To obtain any relief under the Settlement, you must submit a valid Claim Form within 120 days of the Notice Date.
Whether you act or not, your legal rights as a Settlement Class Member are affected by the Settlement. Your rights and options–and the deadlines to exercise them–are explained in this Class Notice. Please read this Class Notice carefully in its entirety. Defined terms have the meanings in the Settlement Agreement.
SETTLEMENT CLASS MEMBERS’ LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT
|YOUR RIGHTS AND OPTIONS
|WHAT THEY MEAN
If you are a Settlement Class Member and do not take any action, you will receive an extended warranty from the later of two years from the end of your standard warranty or two years from the Effective Date. However, you will not receive any financial compensation under the Settlement. Further, if the Settlement is finally approved, you will be bound by the Court’s Final Judgment and the release of claims explained in the Settlement Agreement.
|SUBMIT A CLAIM FORM
You must submit a Valid Claim to select and receive either the full refund option (provided that you return your Class Product to a Mattress Firm store within two years of the Effective Date) or the gift card option. To find out how to submit a Claim Form, please read Question 11.
|Received on or before June 17, 2023
|EXCLUDE YOURSELF (OPT OUT)
Get no benefits from the Settlement. Requesting exclusion from the Settlement (also called “opting out”) would allow you to file or continue your own lawsuit against Defendants about the legal claims involved in the Settlement, individually. To find out how to opt out, please read Question 13 on the Notice.
|Received on or before March 20, 2023
|OBJECT OR COMMENT
Write to the Court about why you do or do not like the Settlement. To find out how to object or comment, please read Question 15 on the Notice.
|Filed and served on or before March 20, 2023
|GO TO FINAL APPROVAL HEARING
Whichever of the above options you choose, you may also ask to speak in Court about the Settlement. To find out how to do so, please read Question 18 on the Notice.
|Served on or before April 28, 2023