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Case ID: 4410 | Consumer Products | 05/15/2006
Illinois resident Ashlely Peach filed a class action suit against Wal-Mart on June 16, 2004, alleging the cashier at the Granite City Wal-Mart failed to return a $1.39 balance on her gift card. Peach, represented by an Illinois attorney, alleges that Wal-Mart wrongfully retained unused balances on gift cards.
Wal-Mart contends that using the card constitutes acceptance of its terms. In her complaint, Peach alleges that sometime after Mother’s Day in May 2004 she purchased shampoo, conditioner, and other toiletries from the Granite City Wal-Mart, using two separate $10 gift cards to pay for the purchase that totaled $18.61. Attorneys representing Wal-Mart insist "The gift card was bought for the express purpose of purchasing Wal-Mart inventory and cannot be transformed into a right to collect cash.” After many months of delays, a case management conference is scheduled for August 24, 2005, where Wal-Mart will get a chance to present its argument that gift cards cannot be redeemed for cash to Madison County Circuit Judge Nicholas Byron. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Consumer Products Cases of Interest Netflix settled a class action lawsuit brought against the company in 2004 for allegedly duping potential customers by advertising "unlimited" DVD rentals and "one day delivery." Current and former Netflix customers will receive a one-month perk. A Prairietown, Illinois man filed a class action complaint against Sealy Mattress and Famous Barr because they refused to replace his sagging, stained bed. David Rook filed the lawsuit Feb. 18, 2005, alleging that the manufacturer and retailer refused to honor an "anti-sag" warranty to replace his bed because it had a stain.
Free should mean that you don't have to pay, right? A nationwide class action has been filed against The Musicland Group, Inc.; Musicland Retail, Inc.; Suncoast Group, Inc.; and Media Play, Inc. on behalf of consumers who allege that the companies' music and media stores deceived thousands of customers by failing to disclose credit card charges associated with a supposedly free offer to receive Entertainment Weekly magazine.
A class-action lawsuit was filed against The Children's Place because the company violated the Song-Beverly Credit Card Act of 1971, which states a retailer cannot request and record personal identification information from customers who use credit cards. Attorneys claim that The Children's Place then sent the collected phone numbers to a third party data provider and cross referenced the phone numbers to acquire their customers home addresses for marketing purposes. This process, also known as database mining “opens consumers up to identification theft,” said one of the lawyers handling the case. On May 5, 2005 the Court issued a permanent injunction against Creaghan A. Harry, who does business as Hitech Marketing, Scientific Life Nutrition, and Rejuvenation Health Corporation, by the Federal Trade Commission, on behalf of persons who have purchased bogus “human growth hormone” products over the Internet. The action alleged that Harry is responsible for millions of illegal spam email messages, all of which violate the FTC Act and the Controlling the Assault of Non-Solicited Pronography and Marketing Act of 2003 (CAN-SPAM Act). A Los Angeles judge granted class action status to a lawsuit that charges consumers were wrongfully charged for Girls Gone Wild videotapes and DVDs.
The action by Superior Court Judge Wendell Mortimer, Jr., clears the way for the lawsuit to proceed. It charges that Mantra Films Inc. automatically signed customers up for monthly mailings after they requested a reduced-price "introductory" mailing. |
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