Sarah Mirando  |  December 19, 2011

Category: Legal News

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Abercrombie & Fitch Gift Card Expiration Class Action Lawsuit

By Mike Holter

 

Abercrombie & FitchWith Christmas only a few days away, a newly filed class action lawsuit against Abercrombie & Fitch serves as a good reminder to gift card recipients that it is now illegal for gift cards to expire before five years.

According to the Abercrombie & Fitch class action lawsuit, the popular clothing retailer advertised a gift-card promotion to Ohio consumers in December 2009 as having no expiration date, but voided the cards on January 30, 2010.

The Christmas 2009 promotion promised consumers that for every $100 worth of merchandise they purchased at Ohio Abercrombie stores, they would receive a $25 Abercrombie gift card. The $25 gift cards stated “No expiration date,” yet the company voided the gift cards on January 30, 2010 by eliminating all remaining credit on the gift cards, “making it impossible for [Class Members] to receive the benefit of their bargain,” the class action lawsuit states.

This constitutes a breach of contract and violation of the Ohio Consumer Sales Practices Act, the Abercrombie & Fitch gift card class action lawsuit claims.

The Abercrombie & Fitch gift card class action lawsuit is brought on behalf of all Ohio citizens who, within the last two years, participated in an Abercrombie gift card promotion and who were unable to use the full portion of the gift card because Abercrombie electronically put an expiration date on the gift card, despite the cards indicated there was no expiration date. It is seeking compensatory damages, punitive damages, attorneys’ fees and other relief.

A copy of the Abercrombie & Fitch Gift Card Expiration Class Action Lawsuit can be read here.

The case is Beth Seaver v. Abercrombie & Fitch Stores, Inc., Case No. 11-cv-771466.

 

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Updated December 19th, 2011

 

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