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Wayfair Beds, Headboards Infested with Bedbugs Class Action

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Wayfair Bed

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. 

  • The National Class is all persons in the US who bought a headboard, mattress, bedframe, or other bed component from Wayfair that contained bedbugs.
  • The Consumer Fraud Multi-State Class is all persons in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington who bought a headboard, mattress, bedframe, or other bed component from Wayfair that contained bedbugs.
  • The New York Class is all persons in the state of New York who bought a headboard, mattress, bedframe, or other bed component from Wayfair that contained bedbugs.

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:

  • “…I installed the headboard, and the next day woke up with a couple of bug bites. … The following morning I was covered [in] bites, and found a tiny bedbug crawling on my stomach….”
  • “…we had to hire an exterminator to come in and we now have to either vacate the place or live out of bags for six weeks.”
  •  “STILL happening! My friend also just purchased a grey fabric headboard from Wayfair that arrived with a horrific bedbug infestation, at the end of August 2018!”

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.

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