Companies taking money from Gift cards defacto Fees/expiration date?

[quincy]

Local attorney, class action lawsuit or whatever I can get?

I feel that if I had a company issue gift cards and I decided to use those funds as my personal piggy bank without allowing people to redeem the cards, I would be in jail.

Thank you for letting me know I am on the right track and providing a second set of eyes on the problem.

I don't know if you are on the right track or not.

You should contact as many attorneys as needed to get a personal review and opinion. I suggest you look for an attorney who specializes in consumer protection law. Any attorney can file a class action suit.

 

[Zigner]

Thank you for letting me know I am on the right track and providing a second set of eyes on the problem.

I'm not sure where you got that from...but ok...

 

[HotelSwatTeam]

I'm not sure where you got that from...but ok...

So I am not on the right track? I would not be advised to speak to an attorney at this point? Please explain

 

[Zigner]

So I am not on the right track? I would not be advised to speak to an attorney at this point? Please explain

I don't think your idea of a lawsuit, much less a class action, is "on the right track", but I do advise you to speak to an attorney.

 

[quincy]

So I am not on the right track? I would not be advised to speak to an attorney at this point? Please explain

I don't know if you have a legal action worth pursuing. Speaking to an attorney in your area can better determine this.

I would want to read the terms of the gift cards (disclaimers) to see if the issuers have violated any laws.

In other words, I don't think you are entirely off base with your concerns. It could be worth a personal review.

 

[HotelSwatTeam]

I don't think your idea of a lawsuit, much less a class action, is "on the right track", but I do advise you to speak to an attorney.

Could you explain why you think that? Also, if I had a company and I was asking if I faced any possible litigation from pocketing the money on Gift cards I issued without allowing them to redeem and blame it on a computer error, would you advise me this would be a solid business decision?

It said that you are a " non-Attorney", are you at least a paralegal or law student? What type of expertise do you have if you don't mind my asking?

 

[HotelSwatTeam]

I don't know if you have a legal action worth pursuing. Speaking to an attorney in your area can better determine this.

I would want to read the terms of the gift cards (disclaimers) to see if the issuers have violated any laws.

In other words, I don't think you are entirely off base with your concerns. It could be worth a personal review.

That is good advice. In terms of the last and most recent example, its being blamed on a so called " computer error" However I have never experience credit cards or gift cards being charged money for orders that never happen. There are almost always engineered safeguards to industry standards which would not allow this to happen.

The funny thing is that if the company took by money via fee or expiration date then it would be illegal however if they take the money and blame it on a computer error that they are unwilling to fix or make right, then its legal? Does that make sense?

Its like saying that fighting is illegal so I am going to give you a free face massage using my fist repeatedly. So you were not punching a guy in the face rather giving him a face massage using your first. Its the same end results by using other terms and language to make it sound legal.

Thanks.

 

[quincy]

You earlier linked to an article written by three attorneys from a large, international law firm. I suggest you reread the article.

And seek help from an attorney in your area if you are intent on pursuing a legal action against the issuers of the gift cards you used. The attorney who meets with you can read the disclaimers/disclosures to see if the card issuers followed the law.

If you suffered no actual damages, you might need to look at your state laws rather than federal law for a legal action.

Good luck.

 

[Zigner]

Its like saying that fighting is illegal so I am going to give you a free face massage using my fist repeatedly. So you were not punching a guy in the face rather giving him a face massage using your first. Its the same end results by using other terms and language to make it sound legal.

No, it's not like that.

 

[Zigner]

It said that you are a " non-Attorney", are you at least a paralegal or law student? What type of expertise do you have if you don't mind my asking?

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[HotelSwatTeam]

IMPORTANT NOTICE
FreeAdvice.com has been providing millions of consumers with outstanding information and "advice" free since 1995 with thousands of professionally prepared and reviewed articles, questions and answers in more than 100 categories in the Question and Answer pages at FreeAdvice.com. THE VIEWS EXPRESSED ON THIS AND OTHER FORUM PAGES WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM and are provided AS IS. The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting on the Forums or the identity or qualifications of any person asking questions or responding on the Forums. Use of the Forums is subject to our Disclaimer and our Terms and Conditions of use which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum is never a substitute for personal advice from an attorney licensed in your jurisdiction you have retained to represent you. To locate an attorney visit AttorneyPages.com.

So you can't or won't explain your answer and also you are not an attorney, not a paralegal, not a law student and maybe not even in the legal profession?

"FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting on the Forums or the identity or qualifications of any person asking questions or responding on the Forums"

So you are basically saying that you are allowed to provide non accurate, incomplete and unless information?

Good to know.

Do you work for the freeAdvice forum or just a guy who hangs out here?

 

[Zigner]

Do you work for the freeAdvice forum or just a guy who hangs out here?

Read the notice again.

 

[HotelSwatTeam]

Read the notice again.

Relax, I am not trying to hold you liable for any so called "advice" given but you act like you are some kind of expert but you have no legal experience whatsoever.

Are you at least a person and not a bot? You can at least tell me you are a human and not a chat bot right?

I hope we are not going to need captcha for forum post now.

Truly the blind leading the blind here.

 

[Zigner]

Relax, I am not trying to hold you liable for any so called "advice" given but you act like you are some kind of expert but you have no legal experience whatsoever.

Are you at least a person and not a bot? You can at least tell me you are a human and not a chat bot right?

I hope we are not going to need captcha for forum post now.

Truly the blind leading the blind here.

As you have been told, we are a community of (mostly) non-attorney volunteers who have experience in various fields and who have experience if many areas. If you wish the personal assistance of a legal professional, then you are going to have to seek out the assistance of a local legal professional.

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