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

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Just Blue

Senior Member
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.
Ding!! Ding!! ding!!;)
 


ejames23

Junior Member
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.
Not to say it isn't a scam, but my local grocer offers 2x points for gift card purchases so I can get gas discounts. If i regularly shopped at walmart, I would go there first, buy gift cards and then use them at walmart.

However, the rest of what everyone else is saying makes it seem like this person just wants to be difficult
 

hellodavid

Junior Member
david jones

its a huge hassel to use more than one gift card at check out when they try to scan bar code from print out or device. im unemployed and my family helps me by sending the gift cards. i get groceries clothes etc. i dont care now about finding another avenue for help since as of May got a job. its the principal of them not doing what they are supposed to do..i am going to small claims for breech of contract and add, slander, travel, time and amount of each card that was under $10 and that will be the damages..about $9000. am i wrong?..do i loose?*****do they even send a lawyer?..make am offer?...im sending demand letter on monday...fyi..woman took them to a class action and she had one card for $7..they settled at a big number..she got $22,000 by the lawyers got done...unjust enrichment....advice will help..thx
 

quincy

Senior Member
its a huge hassel to use more than one gift card at check out when they try to scan bar code from print out or device. im unemployed and my family helps me by sending the gift cards. i get groceries clothes etc. i dont care now about finding another avenue for help since as of May got a job. its the principal of them not doing what they are supposed to do..i am going to small claims for breech of contract and add, slander, travel, time and amount of each card that was under $10 and that will be the damages..about $9000. am i wrong?..do i loose?*****do they even send a lawyer?..make am offer?...im sending demand letter on monday...fyi..woman took them to a class action and she had one card for $7..they settled at a big number..she got $22,000 by the lawyers got done...unjust enrichment....advice will help..thx
Slander and travel time? No.
 

hellodavid

Junior Member
david jones

i asked a lady manager if sbe would cash out a gift card for $5.55 and she sajd theh dont do that. i asked her if she knew it was a law here in ca. and she raised her voice and said i was lying, that if there was a law she would know, and that i was trying to get money for a card i found..i asked her if i could show it to her as i pulled out my phone, and she took off saying she was to busy. there were a whole bunch of people looking at me and i was hot..i left the store..how can they act that way??....i only asked maybe a half dozen times and a couple of timez to transfer balance to a plastic card...eventually i stopped and called corporzte office.i had at least 20 hours of time with them since july 2016. each time they said they could not believe that it hadnt been resolved yet. each time promising this manager or that manager would be in contact me in 3 days. i know they said the same thing on 5 different occasions and not one time have i ever gotten a pbone call from anyone..all of these calls they have recorded and kept a running ticket on them....alot more issues i could say here but im tired of it all...seems like all of you folks think i am guilty in some way. and thats horrible...i just cant let this go. i have never sued anyone ever and i have no idea what im doing but im going to try anyway...thats it..im done
 

justalayman

Senior Member
its a huge hassel to use more than one gift card at check out when they try to scan bar code from print out or device. im unemployed and my family helps me by sending the gift cards. i get groceries clothes etc. i dont care now about finding another avenue for help since as of May got a job. its the principal of them not doing what they are supposed to do..i am going to small claims for breech of contract and add, slander, travel, time and amount of each card that was under $10 and that will be the damages..about $9000. am i wrong?..do i loose?*****do they even send a lawyer?..make am offer?...im sending demand letter on monday...fyi..woman took them to a class action and she had one card for $7..they settled at a big number..she got $22,000 by the lawyers got done...unjust enrichment....advice will help..thx
Yes you're wrong. At most you will get any remaining balance on the cards and your filing fees. No travel costs, no slander damages (no idea where that even came from).

Post the case law on the woman that won $22,000. By definition ONE woman cannot "take them to a class action" since by definition a class action suit involves multiple people belonging to the same class of injured parties. The settlement is distributed among all plaintiffs of the party.
 

hellodavid

Junior Member
david jones

i know what a class.action is. she started it and she got more money..others got what ever..lawyers got $62,000...its just hard for me to believe that all i will get is money from cards but i dont knoe what im doing..so you are saying just to count up my cards and multipky them by $10?? and only file thstmuch of damages??..that wi ne about $600-700.00...what about my time with the corporate office...or the lack of ANYONE ever reaching out???..thx for help
rted
 

hellodavid

Junior Member
david jones

we i guess i am all wrong..i dont habe many cards with any fumds left on them, used them for small items..but that is NOT THE POINT..it is they did not redeem them for xash where i could have shopped somewhere else for differmt things..
 

hellodavid

Junior Member
david jones

one more question..do you think they will send.a lawyer from arkansas to defend, anothet man said they would not but call and offer a settlement??..i dont really xare just curious?
 

justalayman

Senior Member
i know what a class.action is. she started it and she got more money..others got what ever..lawyers got $62,000...its just hard for me to believe that all i will get is money from cards but i dont knoe what im doing..so you are saying just to count up my cards and multipky them by $10?? and only file thstmuch of damages??..that wi ne about $600-700.00...what about my time with the corporate office...or the lack of ANYONE ever reaching out???..thx for help
rted
Have a link to the case you are referring to?

Your time spent trying to deal with this has no value in court nor does being ignored as you were.
 

justalayman

Senior Member
one more question..do you think they will send.a lawyer from arkansas to defend, anothet man said they would not but call and offer a settlement??..i dont really xare just curious?
That's totally up to them. They require an attorney licensed to practice law in your state so they may hire counsel local to you.
 

Zigner

Senior Member, Non-Attorney
I know this is a bit late in the game, but I'm going to call BS on this whole thread. Every Walmart I've been to in CA (and every other establishment I've seen that redeems gift cards) has signs posted referring to the CA law on cashing out gift cards wth <$10 balance.
 

hellodavid

Junior Member
david jones

ok mr BS.. CALL the storr in hawthorne ca. ask them if they will cash out a gift card under $10, when they say no ask them if they will transfer
the balance on your e-gift card to plastic so u can use at gas stations...then. call the store in torrance ca and ask same 2 questions...and the law says "notwithstanding any of the store policy that upon request a giftcard must be redeemed for cash if balance is under $10"......
 

quincy

Senior Member
ok mr BS.. CALL the storr in hawthorne ca. ask them if they will cash out a gift card under $10, when they say no ask them if they will transfer
the balance on your e-gift card to plastic so u can use at gas stations...then. call the store in torrance ca and ask same 2 questions...and the law says "notwithstanding any of the store policy that upon request a giftcard must be redeemed for cash if balance is under $10"......
I suggest you file a complaint with your state's Attorney General and your stat's Consumer Protection Division.

Print off several copies of the law on gift cards and carry it wth you when you go to Walmart. Present it whenever trying to redeem your gift cards. Have your state's Attorney General office number on speed dial.

By the way, the class action lawsuits against Walmart have resulted in very little for most of the plaintiffs in these suits (for example, in one case, Walmart settled the suit for something like $27 million from which the consumer/plaintiffs each received $12 gift cards in damages). Class action suits are often less about compensating the harm caused the plaintiffs and more about compelling change in how a company operates.
 

ShyCat

Senior Member
...ask them if they will transfer the balance on your e-gift card to plastic so u can use at gas stations...
I believe this is the first time you referred to an e-gift card. Does this law apply to both physical gift cards and e-gifts?
 
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