Wexler Wallace LLP Files Class Action Against Wal-Mart Over Gift Receipt Scam
On June 1, 2011, Wexler Wallace LLP, with co-counsel Kershaw Cutter & Ratinoff LLP and Schneider, Wallace, Cottrell, Brayton, Konecky, filed a national class action lawsuit against retailer behemoth Wal-Mart Stores over its gift receipt redemption policy.
The complaint alleges that when its stores are presented with a gift receipt, Wal-Mart fails to honor the product purchase price and instead redeems the receipt for the later discounted or sale price. According to Wexler Wallace partner Mark J. Tamblyn:
“Consumers reasonably assume that providing a gift receipt with their gift will entitle the recipient to credit for the full purchase price. Unfortunately, recent investigations have shown consumers are deceived.”
Wal-Mart’s scheme relies on the fact that people generally do not ask how much their gift giver paid for their gift. And rarely does the recipient tell the person who gave them the gift that they returned it. These common behaviors combine to create a perfect scam.
The case is pending the United States District Court for the Eastern District of California (Case No 2:11-cv-01487-LKK –DAD.) To view a copy of the complaint, please click here.
If you feel that you or someone you know has been affected by Wal-Mart’s gift receipt redemption practice, please complete our confidential online form or call 916-492-1100.