Walmart Breech Of Contract. $10 Gift Card Law.CALIFORNIA

[hellodavid]

What is the name of your state (only U.S. law)
? california

 

[hellodavid]

Walmart Law Suit

For over a year, and over 60 $200 Walmart Gift Cards, thd Walmart Store has refused to redeem for cash a card when balance was below $10. It is a state law since 2008 they must. Also in T and C of e-gift cards, i may go into any Walmart Store and exchange the e-gift card for plastic to use at gas stations. They refuse. Over 20 hours of phone calls since July 2016 with Walmart support and there promises to have issue resolved, has done absolutely ZERO. I was promised 6 times that this or that Regional manager would contact me. NOT ONE TIME, did anyone ever call me. Im suing them in small claims. Any advice.Help?...have never sued anyone..

 

[justalayman]

Since you refused to provide the name of your state nobody can provide much advice at all.

 

[AdjunctFL]

Since you refused to provide the name of your state nobody can provide much advice at all.

Look at the header in the original post - it's California.

 

[justalayman]

Look at the header in the original post - it's California.

Thanks




Hellodavid

Rather than considering suing Walmart I would suggest you contact the California attorney general office and file a complaint with them.

 

[adjusterjack]

Im suing them in small claims.

For what? $9.99?

You do realize that each time they refuse, it's a separate lawsuit for $9.99 or less.

Yes, it's the law, but it's a law with no teeth unless it's the state that wants to go after Walmart for not complying.

Any advice.Help?...have never sued anyone..

You'll find all the help you need at the CA courts website:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

 

[Zigner]

For what? $9.99?

You do realize that each time they refuse, it's a separate lawsuit for $9.99 or less.

Yes, it's the law, but it's a law with no teeth unless it's the state that wants to go after Walmart for not complying.



You'll find all the help you need at the CA courts website:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

I don't agree. If the OP goes in to the store with 60 giftcards, each with a balance of $9.99, and Walmart refuses to "cash them out", as required by state law, then it would be one case, not 60 cases.

 

[quincy]

For what? $9.99?

You do realize that each time they refuse, it's a separate lawsuit for $9.99 or less.

Yes, it's the law, but it's a law with no teeth unless it's the state that wants to go after Walmart for not complying.



You'll find all the help you need at the CA courts website:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

The complaints can be joined.

 

[adjusterjack]

I don't agree. If the OP goes in to the store with 60 giftcards, each with a balance of $9.99, and Walmart refuses to "cash them out", as required by state law, then it would be one case, not 60 cases.

True, but I read it that he was trying to redeem them on separate occasions over a year's time.

If this was happening all at once it doesn't make sense that he wouldn't just combine several cards at a time for his regular purchases.

 

[quincy]

True, but I read it that he was trying to redeem them on separate occasions over a year's time.

If this was happening all at once it doesn't make sense that he wouldn't just combine several cards at a time for his regular purchases.

He can still join the complaints. Same defendant, same complaint.

I agree that it would make sense to combine all balances on a single card.

 

[adjusterjack]

Or use several cards at one time.

 

[Zigner]

True, but I read it that he was trying to redeem them on separate occasions over a year's time.

If this was happening all at once it doesn't make sense that he wouldn't just combine several cards at a time for his regular purchases.

Walmart's t&c's for gift cards doesn't allow balances to be transferred from one card to another. Of course, I think what you mean is that our OP should just use the cards, possibly using several on a single purchase.

 

[quincy]

Walmart's t&c's for gift cards doesn't allow balances to be transferred from one card to another. Of course, I think what you mean is that our OP should just use the cards, possibly using several on a single purchase.

I think most people would think to do that before thinking of a lawsuit.

 

[LdiJ]

I think most people would think to do that before thinking of a lawsuit.

That might not be possible either. I once used 2 gift cards with balances to pay for something at Walmart and the cashier was less than cooperative about it. I had to ask for a supervisor before she backed off and did it. I cannot imagine what a hassle it would have been had I had more than two. I also know that its not possible to use multiple gift cards for an online purchase.

However, I do agree that there is nothing funky about finishing off a single gift card on a purchase and then paying the balance, and people should absolutely do that.

 

[justalayman]

One has to wonder why a person would have 60 $200 gift cards over a period of a year and why, since they utilize
so many gift cards why they don't simply use multiple cards combined to make purchase. This is highly suspicious and I suspect Walmart sees it the same.

Does the law allow a merchant to refuse to cash out the cards if there is a suspicion of a scam? Probably not but maybe Walmart is willing to risk the possible repercussions and relish the opportunity to defend themselves to the AG or in court.