Ohio Consumer Files Suit Over Abercrombie & Fitch Gift Card Promotion

Retailer Abercrombie & Fitch has been named in an Ohio class action lawsuit over a gift card promotion it ran in December 2009. The lawsuit claims that the gift cards offered with the Abercrombie & Fitch promotion stated they had no expiration date, but were 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. The lawsuit’s lead plaintiff, Beth Seaver, bought merchandise that was worth about $302 at an Abercrombie store in Akron, Ohio. Because she spent more than $300, she received a gift card that was valued at $75.

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, “making it impossible for [Class Members] to receive the benefit of their bargain,” the class action lawsuit states.

The lawsuit charges Abercrombie & Fitch with breach of contract and violating the Ohio Consumer Sales Practices Act. It is seeking 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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