Frequently Asked Questions

General Information

1. Why was the Notice issued?

The Notice was issued because a Court has conditionally "certified" this case as a class action lawsuit for settlement purposes only and your rights may be affected. If you purchased one to four mattresses in a single transaction from www.MattressFirm.com while in California between August 1, 2020, through July 16, 2024, you may have legal rights and options in this case. The Notice explains all of these issues.

Judge Gregory W. Pollack of the California Superior Court, County of San Diego, is overseeing this class action. The case is known as Erica Hampton v. Mattress Firm, Inc., Case No. 25CU003462C (the "Action"). The person who sued is called the Plaintiff or Class Representative. The company sued, Mattress Firm, is called the Defendant.

2. Why is this a class action?

In a class action, one or more people, called "Class Representatives", sue on behalf of all people who have similar claims. Together, these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. Here, the Court has certified a class action for settlement purposes only. More information about why this is a class action can be found in the Court's Preliminary Approval Order.

3. Why is there a settlement?

The Court did not decide in favor of Plaintiff or Defendant. Plaintiff thinks she would have prevailed at trial. Defendant thinks the Plaintiff would not have won anything from a trial. But there was no trial. Instead, both sides agreed to this Settlement. That way, both sides avoid the risk and cost of a trial, and the Class Members will receive compensation. The Class Representative and their attorneys think the Settlement is best for all Class Members.

The Claims in the Lawsuit

4. What is the lawsuit about?

The lawsuit claims that Defendant deceptively advertised various discounts of its mattress products on its website, MattressFirm.com. The lawsuit claims that Defendant violated the California Consumers Legal Remedies Act, California's False Advertising Law, and California's Unfair Competition Law, and also asserts claims against Defendant for common law fraud and unjust enrichment. Defendant denied these claims and denies any liability or wrongdoing whatsoever. More information can be found in the Complaint.

Members of the Settlement Class

5. How do I know if I am a part of the Settlement Class?

The Court has certified this case for settlement purposes only as a class action. The class (the "Settlement Class") is defined as:

All persons in California who purchased between one to four mattresses in a single transaction from www.MattressFirm.com during the Class Period.

The Class Period is August 1, 2020 through July 16, 2024. Excluded from the Settlement Class are all persons who validly opt out of the Settlement in a timely manner; counsel of record (and their respective law firms) for the Parties; Defendant and any of its parents, affiliates, subsidiaries, independent service providers and all of their respective officers and directors; and the presiding judge in the Action or judicial officer presiding over the matter, and all of their immediate families and judicial staff.

The Settlement Benefits

6. What does the Settlement provide?

Under the terms of the Settlement, Settlement Class Members will each receive a $40 settlement benefit for each qualifying mattress order they placed on MattressFirm.com during the Class Period. Class Members will receive their settlement benefits in either (a) electronic payment or check ("Cash Benefit"); or (b) store credit that can be applied towards any future purchase made on MattressFirm.com ("Credit Benefit").

Class Members can decide whether to receive Cash Benefits or Credit Benefits. To be eligible to receive the Cash Benefit, you must submit a valid and timely Claim Form, as described in FAQ 11. Settlement Class Members who do not choose to receive the Cash Benefit by submitting a valid and timely Claim Form shall instead automatically receive the Credit Benefit. Defendant estimates that 136,900 mattresses were sold to Settlement Class Members during the Class Period, so the total amount of Cash Benefits and Credit Benefits will be approximately $5,476,000. Of this amount, Defendant has agreed to pay up to $2,000,000 in Cash Benefits. The Parties anticipate that all Settlement Class Members who elect to receive their settlement payment in cash will receive the full $40 per purchased mattress. If, however, the amount of valid Claims exceeds $2,000,000, then the Cash Benefits to Settlement Class Members will be reduced pro rata.

Any Settlement Awards paid by check will expire 180 calendar days from the date the settlement checks are issued. Any funds remaining because of uncashed checks for 180 days shall escheatto the State of California as unclaimed funds pursuant to California Code of Civil Procedure section 1510, et seq.

In addition to the Settlement Awards, Defendant agreed to pay notice and administration costs estimated at $80,000, a $5,000 service award to the Class Representative, and an award of attorneys' fees and expenses of up to $850,000. Payment of these costs and fees will not reduce the value of the Cash and Credit Benefits that Settlement Class Members will receive.

7. What am I giving up to stay in the Settlement Class?

Unless you exclude yourself from the Settlement, you will be part of the Settlement Class, and you will be bound by the release of claims in the Settlement. This means that, if the Settlement is approved, you cannot sue, continue to sue, or be part of any other lawsuit against Defendant (including its various owners, employees, affiliates, and others described in the Settlement Agreement) asserting a released claim. It also means that all the Court's orders will apply to you and legally bind you. If you sign the Claim Form or do nothing, you will agree to release Defendant from any and all claims under state and federal law that arise from or relate to the marketing representations or discounting practices at issue in this Action.

The Lawyers Representing You

8. Do I have a lawyer in this case?

Yes. The Court has appointed Alexander E. Wolf and John J. Nelson of Milberg Coleman Bryson Phillips Grossman, PLLC as "Class Counsel" to represent you and the Settlement Class in this case. These lawyers have experience handling similar cases. More information about these lawyers and their law firms is available at www.milberg.com.

9. Should I get my own lawyer?

You do not need to hire your own lawyer because Class Counsel is representing you and all the other members of the Settlement Class. If you want someone other than Class Counsel to speak for you, you may hire your own lawyer at your own expense.

10. How will the lawyers be paid?

Class Counsel will ask the Court to approve an award of approximately $850,000 in attorneys' fees and costs. Class Counsel will also ask the Court to approve a $5,000 service award to the Class Representative. These fees and costs will be paid by Defendant and will be in addition to the settlement payments described in FAQ 6. The Court may award less than these amounts.

How To Choose Your Settlement Award

11. How can I get compensation under the Settlement?

Settlement Class Members who do not opt out of the Settlement byAugust 5, 2025, will receive compensation in the form of either (a) $40 cash, paid by check or electronic payment ("Cash Benefit"); or (b) a $40 store credit that can be applied towards any future purchase on MattresFirm.com ("Credit Benefit"). To be eligible to receive the Cash Benefit, you must submit a valid and timely Claim Form by August 5, 2025. Settlement Class Members who do not submit a valid Claim Form byAugust 5, 2025, will instead receive the Credit Benefit by default.

Claim Forms can be submitted online by clicking here. Read the instructions carefully, fill out the form, sign it, and submit it online no later than August 5, 2025. You may also submit a Claim Form by mail to the Settlement Administrator to the address below, if postmarked by no later than August 5, 2025. A copy of the Claim form is available for download here.

Hampton v. Mattress Firm Litigation
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

To receive a Cash Benefit, each Settlement Class Member must provide sufficient information on the Claim Form to allow the Settlement Administrator to verify that they were a California resident who purchased one or more mattresses from MattressFirm.com during the Class Period. Failure to submit a completed Claim Form with all requested information shall result in such Settlement Class Member receiving Credit Benefit by default.

Any Settlement Awards paid by check will expire 180 calendar days from the date the settlement checks are issued. Any funds remaining because of uncashed checks for 180 days shall escheatto the State of California as unclaimed funds pursuant to California Code of Civil Procedure section 1510, et seq.

12. When would I receive compensation?

The Court will hold a hearing on October 10, 2025, at 9:30 a.m.Pacific, to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Settlement Awards will be distributed after the Settlement is finally approved and all appeals (if any) have been resolved in favor of the Settlement. The progress of the Settlement will be updated through information posted on this website. Please be patient.

Excluding Yourself From The Settlement

13. How do I get out of the Settlement?

If you do not want a Settlement Award under this Settlement, and you want to keep the right to sue or continue to sue Defendant regarding the alleged marketing practices that are the subject of the Action, then you must take steps to get out of the Settlement Class. This is called excluding yourself from, or opting out of, the Settlement Class.

To exclude yourself from the Settlement, you must send a letter by mail to the Settlement Administrator that (a) states your name, address, and phone number; (b) is personally signed by you, and not your attorney or anyone acting on your behalf; (c) states the name and case number of this Action; and (d) includes the statement "I/we request to be excluded from the class settlement in Erica Hampton v. Mattress Firm, Inc., Case No. 25CU003462C (San Diego Superior Court)." No request for exclusion will be valid unless all of the information described above is included.

You must mail your exclusion request postmarked no later than August 5, 2025, to the Settlement Administrator at the following address:

Hampton v. Mattress Firm Litigation
Exclusion Request
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

14. If I exclude myself, do I still receive benefits from this Settlement?

No. If you ask to be excluded, you will not get any compensation under the Settlement, and you cannot object to the Settlement.

Objecting To The Settlement

15. How do I tell the Court that I do not agree with the Settlement?

You can ask the Court to deny approval of the Settlement by filing an objection with the Court and sending a copy to the Settlement Administrator (electronically or by mail). You can't ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement Awards will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. A Settlement Class Member who objects still remains in the Settlement Class and must timely submit a Claim Form in order to obtain a monetary award.

Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number Erica Hampton v. Mattress Firm, Inc., Case No. 25CU003462C (San Diego Superior Court); (b) be filed with the Court and a copy sent to the Settlement Administrator (electronically or by mail); and (c) be filed and postmarked on or before August 5, 2025. The Settlement Administrator's email address is info@HamptonvMattressFirmLitigation.com and mailing address is below:

Hampton v. Mattress Firm Litigation
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

Written objections must also contain: (1) your full name, address and telephone number; (2) a written statement of all grounds for the objection accompanied by any legal support for the objection (if any); (3) copies of any papers, briefs or other documents upon which the objection is based (if any); (4) a list of all persons who will be called to testify in support of the objection (if any); (5) a statement of whether you intend to appear at the Final Approval Hearing; (6) attestation of facts or other proof of membership in the Class; (7) a list of all objections filed by you and your counsel to class action settlements in the last three years (if any); and (8) your signature and your attorney's signature (if any).

16. What is the difference between objecting and excluding myself from the Settlement?

Objecting means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement means that you do not want to be part of the Settlement Class. If you exclude yourself, then you have no basis to object to the Settlement. A Settlement Class Member who objects still remains in the Settlement Class and is eligible to receive a Settlement Award.

If You Do Nothing

17. What happens if I do nothing at all?

If you do nothing, you will remain a member of the Settlement Class and you will give up your rights to sue Defendant. You will automatically receive a Settlement Award in the form of a $40 store credit per each qualifying mattress you purchased, which can be applied towards any future purchase on MattressFirm.com.

The Final Approval Hearing

18. Where and when is the Final Approval Hearing?

The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement.

The Court will hold a hearing on October 10, 2025, at 9:30 a.m. PT, before Judge Gregory W. Pollack, in courtroom number 71 of the Superior Court of California, County of San Diego, located at 330 W Broadway, San Diego, CA 92101. The purpose of the hearing will be for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class; to determine the amount of compensation for Class Counsel; rule on the request for a Service Award (also known as an Incentive Award) for the Class Representative. At that hearing, the Court may hear any objections and arguments concerning the fairness of the proposed Settlement. After the hearing, the Court will decide whether to approve the Settlement.

YOU ARE NOT REQUIRED TO ATTEND THE FINAL APPROVAL HEARING TO RECEIVE BENEFITS FROM THIS SETTLEMENT. Please be aware that the hearing may be postponed or rescheduled to a later date without notice. Please check this Settlement Website for details.

Getting More Information

19. How can I get more information?

This Settlement Website and the Long-Form Notice only provide a summary of the proposed Settlement. Complete details about the Settlement can be found in the Settlement Agreement, which is available, along with other case related documents, on the Important Documents page of this Settlement Website.

If you have any questions, you can contact the Settlement Administrator. You may also contact Class Counsel. In addition to the documents available on this Settlement Website, all pleadings and documents filed in this lawsuit may be reviewed or copied at the Clerk of Court's office.

DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR TO THE JUDGE.
They are not permitted to answer your questions. All questions about the Settlement shall be referred to the Settlement Administrator and/or Class Counsel.