Drama in New Jersey: Retailers Breathe a Temporary(?) Sigh of Relief


With less than 24 hours remaining before retailers would have been required to obtain and maintain zip codes for all gift cards purchased within New Jersey, the U.S. Court of Appeals for the Third Circuit granted a temporary injunction. Am. Express Travel Related Services Co., Inc. v. Sidamon-Eristoff, et al., Civil Case No. D.N.J. 10-cv-05059 --- F.Supp.2d ----, 2010 U.S. Dist. LEXIS 120153 (D.N.J. Nov. 13, 2010), on appeal, as Am. Express Prepaid Card v. Andrew Sidamon-Eristoff, et al., No. 11-1141, Temporary Stay granted (3rd Cir. Jan. 31, 2011).

The news gets even better for retailers. The order simply states that injunctive relief is granted until a full panel of the Third Circuit has the opportunity to review the Appellants’ motion. The order provides no date by which the court will consider the matter. So, until further notice, retailers with stores in New Jersey or sales to New Jersey residents will NOT be required to collect zip codes for gift card purchasers.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Eversheds Sutherland (US) LLP | Attorney Advertising

Written by:


Eversheds Sutherland (US) LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.