Claim Up To $110 Sleepy’s Gift Card Class Action Settlement (MA Only)

Who is a Class Member

The Sleepy’s Gift Card class action lawsuit includes “all persons who made a qualifying promotional purchase during the class period at a Sleepy’s retail location located in Massachusetts, or an online purchase for a Massachusetts delivery, and were entitled to a promotional gift card to be provided by Sleepy’s as part of their purchase.”

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.

Estimated Award

  • $25 – $110.33

Class Members who redeemed their voucher(s) can receive $25 for each voucher. Class Members who did not redeem their voucher(s) can receive the actual value of the voucher, averaging $110.33

Proof of Purchase

  • N/A

Claim Form

  • N/A: No Claim Form is needed; eligible Class members will automatically receive a payout once the settlement has been given final approval.

Sleepy’s Gift Card Settlement Notes

  • Khun v. Sleepy’s LLC, et al.
  • Case No. 1:17-cv-10110-FDS
  • Pending in the U.S. District Court for the District of Massachusetts

Plaintiff Dianna Khun filed this class action lawsuit against Sleepy’s and Capitol Marketing Concepts alleging the companies engaged in an unlawful gift card promotion scheme advertising that if a consumer bought certain qualifying Sleepy’s products the consumer would be entitled to a gift card.

Sleepy’s was a retail mattress chain with over 1,000 stores throughout the Northeastern U.S. In 2016 and 2017, all Sleepy’s stores were rebranded under the Mattress Firm name.

In Khun’s case, she purchased two Flex Supreme Breeze mattresses on May 30, 2016. According to the complaint, Sleepy’s advertised that purchasers of a Flex Supreme Breeze mattress was entitled to one $300 promotional gift card. However, none the of the in-store ads relating to this promotion gave information about the conditions or limitations in using the promotional gift card, the lawsuit states.

Specifically, Khan says she did not know that she had a limited 30-day window in which to redeem the two $300 promotional gift cards she received in connection with purchasing the two mattresses. In fact, when she went to redeem her gift cards less than a month later, she actually received confirmation from Sleepy’s agent, Capitol that she has successfully redeemed her gift cards.

But as of August 22, 2016, she had yet to receive them. When she contacted Capitol, she was told that her gift cards had never been redeemed and the representative resent her the links to redeem. She attempted several time to redeem online but was not successful in doing so. Finally, on September 28, 2016, she contacted Capitol again to let them know it still wasn’t working and was informed that the redemption period expired just 5 days earlier.

Both Sleepy’s and Capitol deny the allegations and assert that all of their promotional practices complied with all state and federal legal requirements.Complete details about the case and settlement are provided on the Sleepy’s Gift Card settlement website.

Class members who wish to object to or exclude themselves from the Sleepy’s Gift Card settlement must do so by October 4, 2018. Class members who wish to participate in the settlement do not need to do anything.

Important Dates

  • N/A: Claim Form Deadline
  • 10/4/18: Objection or Exclusion Deadline
  • 11/27/18: Final Hearing at 3:00 pm ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

*Settlement Class Members who wish to speak at the hearing should check to confirm that the date or time of the Hearing has not been changed.

Contact Information

  • Mail: Khun v. Sleepy’s LLC Settlement Administrator, c/o KCC Class Action Services LLC, PO Box 404020, Louisville, KY 40233-4020
  • Phone: 1-877-599-8890 (Class Counsel)

Class Counsel

  • John R. Yasi, Michael C. Forrest, Kevin J. McCullough, and Brian P. McNiff of Forrest Lamothe Mazow McCullough Yasi & Yasi PC

Settlement Website

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