Illinois resident Ashlely Peach filed a class action suit against Wal-Mart on June 16, 2004, alleging the cashier at the Granite City Wal-Mart failed to return a $1.39 balance on her gift card. Peach, represented by an Illinois attorney, alleges that Wal-Mart wrongfully retained unused balances on gift cards. Wal-Mart contends that using the card constitutes acceptance of its terms. |
In her complaint, Peach alleges that sometime after Mother’s Day in May 2004 she purchased shampoo, conditioner, and other toiletries from the Granite City Wal-Mart, using two separate $10 gift cards to pay for the purchase that totaled $18.61.
Attorneys representing Wal-Mart insist "The gift card was bought for the express purpose of purchasing Wal-Mart inventory and cannot be transformed into a right to collect cash.”
After many months of delays, a case management conference is scheduled for August 24, 2005, where Wal-Mart will get a chance to present its argument that gift cards cannot be redeemed for cash to Madison County Circuit Judge Nicholas Byron.