Imagine buying a new bed and finding it infested with bedbugs. The complaint for this class action alleges that that’s what happened to plaintiff Lekisha Nicholas when she ordered a bed from Wayfair.
Three classes have been defined for this action.
Bedbugs aren’t just unpleasant. They feed on human and animal blood. They leave brown fecal marks on sheets and leave behind an odor created by their stink glands. Bedbugs bite humans to feed.
Even after they’re gone, they leave behind the allergy-inducing molecule histamine. The complaint says that “even after undergoing a heat treatment and passing three blissfully bedbug-free months, previously infected living spaces can contain up to 180 times more histamine than homes that have never hosted the insects.”
Most people wouldn’t associate bedbugs with Wayfair, one of the largest online home goods retailers. But the complaint alleges that Wayfair has known of the infestation of some of its mattresses, frames, and headboards since 2016. The complaint quotes from online postings:
Plaintiff Nicholas complained to Wayfair on September 12, 2016 and received an e-mail from its CEO and co-founder Niraj Shah. The complaint also reproduces some complaints and answers from Wayfair on the Better Business Bureau website.
The complaint alleges that the infested items are stored in a warehouse that is infested with bedbugs or that the items themselves are infested.
Nicholas eventually had to have an exterminator in, wash everything she owned that was washable, and dispose of some items. The complaint says that Wayfair did not compensate her for these costs and others.
The complaint alleges breach of contract, negligence, and violations of consumer fraud laws, among other things.