NJ Consumer Files Suit in Illinois Over Hollister Co. Gift Card Promotion

Retailer Hollister Co. has been named in an Illinois class action lawsuit over a gift card promotion it ran in December 2009. The lawsuit claims that the gift cards offered with the Hollister Co. promotion stated they had no expiration date; however, Hollister Co. voided the gift cards in January 2010.

According to the lawsuit, in December 2009, Hollister Co. offered Hollister customers, shopping nationwide, a $25 gift card for every $100 in merchandise they purchased. The lawsuit’s lead plaintiff, Vincent Daniels, alleges that, sometime during December 2009, his grandmother bought merchandise that was worth at least $100 at a Hollister store. She received a gift card and gave the card to Daniels.

The gift cards stated “No expiration date”; however, Hollister Co. 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.

The lawsuit charges Hollister Co. with breach of contract and is seeking damages on behalf of Hollister customers who, within the last two years, participated in a Hollister Co. gift card promotion and who were unable to use the full portion of the gift card because the cards were voided, in spite of stating “No expiration date.”

Hollister Co. is related to Abercrombie & Fitch and, as we’ve previously written, Abercrombie also breached similar gift card contracts. In that case, an Ohio class action lawsuit was filed, claiming that gift cards offered with the Abercrombie & Fitch promotion stated they had no expiration date, but were, nevertheless, voided by the retailer in January 2010. According to the lawsuit, in December 2009, the retailer offered Ohio customers of Abercrombie & Fitch a $25 gift card for every $100 in merchandise they purchased.

That class action lawsuit’s lead plaintiff, Beth Seaver, purchased about $302 worth of merchandise at an Akron, Ohio Abercrombie store and received a gift card valued at $75. As with the Illinois lawsuit, the 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.

The lawsuit charges Abercrombie & Fitch with breach of contract and violating the Ohio Consumer Sales Practices Act and seeks damages on behalf of Ohio consumers 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 the cards were voided, in spite of stating “No expiration date.”

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