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Casper Mattress Lawsuit: Read This Before Buying

When it comes to purchasing a mattress, especially online, consumers often rely on brand reputation and trust. Casper is a high-quality all-foam mattress that is ideal for all sleeper , neutral-foam texture that most people seem to prefer. However, The lawsuit against Casper has brought to light some critical issues that every consumer should be aware of before making a purchase.

Casper mattress lawsuit took place in 2016 – 2018. The Casper firm has sued three popular mattress review websites. Why did it occur, and what was the result? Let’s keep reading for detailed information!

Overview Of Casper Mattress Lawsuit in 2016

Casper was one of the first mattress firms to pioneer the “bed in a box” concept. After reinventing the bedding market, the company created an atmosphere where users could order a wonderful mattress online and deliver it to their homes.

Casper mattresses, like any products from other firms, did not appeal to everyone. Nevertheless, in today’s e-commerce environment, voicing your thoughts and ideas about a business might get you in a lot of trouble.

Hence, the feud between the bedding business Casper and the mattress review website Sleepopolis began. This story is about how free expression in the reviews industry may have devastating consequences.

Some Main Points Of The Lawsuit

Casper, a mattress startup, sued three popular mattress review sites in April 2016, alleging that they steered business to Casper’s competitors without disclosing properly that these firms paid sales fees to the sites.

Casper considered the schemes misleading advertising and deceptive practices since the sites promoted their reviews as unbiased while failing to disclose their relationships with the specific mattress manufacturers they were suggesting.

These review sites have amassed enormous power in the thriving field of online mattress sales. They frequently appear high in Google search results for broad queries like “mattress reviews” or brand-specific inquiries like “Casper reviews.” Because few showrooms allow customers to check these mattresses, online reviews held even more weight.

Read more: Zinus Mattress Review 2023: An In-depth Analysis

The power of online reviews.

The Details Of The Lawsuit

Derek Hales and his wife began reviewing mattresses and tried many before settling on a Casper. They used referral and affiliate links to monetize their website and YouTube channel. 

In 2015, Hales abandoned his day job to devote his full attention to Sleepopolis, which he grew into the most-visited web destination for anyone looking for mattress information.

He wrote an article about the Casper mattress firm. For a time, the two parties’ connection was fantastic. But, the relationship soured after Derek revised his assessment of Casper 18 months after the initial piece was published.

The amended review explained how Derek Hales no longer suggested Casper mattresses to customers as a quality choice. Customers might look for alternate mattress brands by clicking on an eye-catching yellow box at the top of the page. 

Casper was dissatisfied with the decision and filed a lawsuit against the mattress review firm of Hales.

Hales’s review of Casper shifted after the mattress company refused to renew its affiliate connections with many niche bloggers. Thus, other bloggers’ reviews on Casper have shifted.

Casper quickly filed litigation against many review sites, including Mattress Nerd and Sleep Sherpa. Although the issues of other review sites were successfully resolved, Sleepopolis maintained that they were entitled to their opinion. 

This is when knowing the return policy regulations comes in handy, just in case you bought something due to a bogus review.

Read more: Does Casper mattress have fiberglass

Did Sleepopolis betray Casper?

What Happened After The Casper Mattress Lawsuit in 2016?

Everyone will curious about what happened after the Casper lawsuit. Check out the action of two sides, Casper and Sleepopolis.

To Casper 

Casper said that the actions cost it millions in potential sales.

Finally, Sleepopolis settled with Casper. Nevertheless, following the settlement with Sleepopolis, Casper offered a loan to another mattress review company for them to acquire the site from its prior owners.

According to a Casper spokesman, Sleepopolis is run separately from Casper as a business and an editorial organization. It is now owned by JAKK Media, which specializes in search engine optimization, and runs other review sites such as SlumberSage and MattressClarity.

To Sleepopolis 

By 2017, there had been a twist in the operation of Sleepopolis. In detail, Hales was no longer active since Dan Scalo was filling his shoes. Furthermore, Derek Hales announced that he was no longer employed at Sleepopolis. 

What else has altered? The yellow box that advised alternatives to Casper mattresses no longer included coupon codes and had a direct link to the Casper website.

Casper Faces Lawsuit Over Alleged “Wiretapping” in 2017

A federal lawsuit filed on December 1, 2017, claims that Casper, in collaboration with a software company named NaviStone, has been secretly collecting information from its website visitors. Shocking, right?

This isn’t the first time NaviStone’s practices have been under the microscope. An earlier Gizmodo investigation revealed that around 100 websites, including big names like Quicken Loans and Wayfair, used NaviStone’s code. However, some of these companies, like Wayfair, have since parted ways with NaviStone.

Overview Of Casper Mattress Lawsuit in 2017

The Accusation

Brady Cohen, a New York City resident, alleges that during his multiple visits to Casper’s website over six months, the company was sneakily gathering his personal details.

And guess what? He wasn’t even aware of it! The lawsuit, which spans 21 pages, is pushing for class-action status. It claims that Casper used NaviStone’s technology to capture visitors’ personal information without their knowledge or consent.

The Tech Behind It

The lawsuit further elaborates that Casper could monitor visitors’ keystrokes, mouse clicks, and other online activities. This was made possible by a covert NaviStone code embedded in Casper’s website, which, according to the lawsuit, acts as an illegal wiretap. The moment a visitor lands on, their IP address and other personal data are sent to NaviStone in real-time.

Casper’s Defense

Casper, which saw its sales soar to $220 million last year, has outrightly denied these allegations. They’ve labeled the lawsuit as an attempt to exploit a thriving startup. They also mentioned that their online advertising practices are industry-standard and are clearly outlined in their privacy policy.

NaviStone’s Take

NaviStone, on the other hand, expressed surprise over the lawsuit. They emphasized their commitment to privacy laws and clarified that they only learned about the lawsuit when it was filed.

Similar Lawsuit in 2018

In 2018, Casper was slapped with a similar lawsuit. However, the plaintiff decided to drop the case before it could proceed to trial, and the matter faded away without any resolution.

Current Lawsuit: A new plaintiff, Arisha Byars, has stepped forward, filing a class action complaint against Casper on July 22 in a California superior court. The lawsuit cites violations of the California Invasion of Privacy Act (CIPA). In response, on October 12, Casper moved to transfer the lawsuit to a California federal court.

Byars claims that Casper has embedded software on its website that secretly records every interaction a visitor has on the site. This includes keystrokes, mouse clicks, data entries, and other electronic communications.

From an outsider’s perspective, it seems companies might be either skirting privacy laws with technical loopholes or are so eager to gather customer data that they’re overlooking the potential legal and ethical consequences.

Such actions can erode consumer trust, which can be detrimental, especially for smaller retailers. While giants like Casper and Overstock might weather the storm and recover, smaller businesses might not be so fortunate.

Lessons From Casper Mattress Lawsuit

The online mattress business is becoming increasingly popular these days, and users are looking for ways to choose the finest options by reading other people’s reviews. 

Shoppers also want to learn more about a mattress before choosing the most suitable choices. When purchasing a product, customers heavily rely on review sites. This reliance strengthens the position of review sites.

Yet, seeing a company like Casper go to great lengths to protect its brand reputation from the hazards that exist in the review industry. Bloggers may be more cautious while posting reviews. Companies may also profit from understanding how to buy reviews and how this might increase sales. 

Keep in mind that unfavorable evaluations might have a detrimental impact on a business. So, try not to obtain too many of those.


This article has helped you to discover and have an overall look at the Casper mattress lawsuit. As mentioned, online reviews have a significant power to affect other buying decisions. 

However, we cannot completely control them. The only thing you can do is be an intelligent buyer by exploring all features and considering all aspects of the product!


Is Casper mattress in financial trouble?

Yes. Despite rising demand in the home market, Casper still struggled to reach profitability. Although the brand revenue increased by 13% in fiscal 2020, the brand’s net loss approached $90 million.

Are Casper beds made in the USA?

Yes. Casper Sleep sells sleep items both online and in stores. Its headquarter is in New York City, and it has showrooms in New York, Chicago, and other cities. It manufactures mattresses in Georgia and Pennsylvania. 

Is Casper a good option for people with back pain?

Not all Casper mattresses will be good for people with back pain. The Wave Hybrid Mattress is the best Casper product for back pain relief. The Zoned Support Max and AirScape 3 plus cooling gel, made specifically for those who have difficulties sleeping owing to aches and pains, are meant to give you less aching and more sleep.

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David Elkie

David Elkie

David Elkie is the CEO at Banner Mattress. He has been in the writing and editing business for the mattress, bedding accessories and décor industries for over 20 years.