Do Gift Cards Keep on Giving How the Law Affects the Consumer, the Retailer and the State
If your business offers a loyalty program in conjunction with a gift card, you likely already know that Section 520-e of New York’s General Business Law took effect December 10, 2023. This new law gives consumers a set grace...more
The holiday shopping season perennially holds great significance for retailers, and this impact is heightened in 2023 due to shifting consumer behaviors influenced by economic dynamics and evolving preferences. There are...more
Retail sales increased 8.0% in October, exceeding the CORE CPI of 6.3%; and monthly retail sales were up .9% over September totals, exceeding the monthly inflation index of .4%, but much of this gain was due to inflation...more
In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer braille gift cards. After consolidating the...more
Second Circuit issues scathing decision directed at “mad lib”-style serial ADA Title III complaints, and affirms-on the basis of standing-the dismissal of four lawsuits alleging that retailers violated the ADA by not...more
Gift card scams continue to be one of the most frequently-reported scams to the Federal Trade Commission (FTC). According to its recent Scam Alert entitled Scammers are tricking more people into buying gift cards, “40,000...more
Title III of the Americans with Disabilities Act, requiring equal access to places of public accommodation, has often been abused by plaintiffs and attorneys looking to turn any conceived minor violation of building standards...more
The Federal Trade Commission (FTC) recently released its analysis showing that the number one way scammers have extracted money from defrauded consumers is through gift cards. In its press release, found here, the FTC stated...more
I admit this has not been my best gift shopping year. I tried, but with the pandemic, I limited my shopping outings, and I don’t like shopping online for obvious reasons. My new mantra is “How about no gifts this year and we...more
COVID-19 is the biggest disruption to consumer retail spending patterns in recent history. Store closures and stay-at-home orders have accelerated the adoption of e-commerce, and U.S. consumers are expected to spend more than...more
Seyfarth Synopsis: Businesses get another win in a lawsuit demanding gift cards with Braille....more
Tender not accepted – court rejects copy-cat ADA gift card suits - Since late last year, hundreds of class actions have been filed against retailers and restaurant groups alleging violations of Title III of the Americans...more
On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in...more
- Retailers and restaurant chains are defending against mass litigation in the New York federal courts that challenges gift cards under the ADA and state and local laws. - Judge Woods in the Southern District of New York...more
In handing down the first decisions of their kind, a federal district court in New York rejected two plaintiffs’ claims that retailers, restaurants, and other places of public accommodation were required to offer Braille gift...more
In the latest episode of Law Brief, “Do Gift Cards Keep on Giving? How the Law Affects the Consumer, the Retailer and the State,” International and Retail partner Gina Piazza sat down with Litigation partner and host Rich...more
Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more
It’s hard to know what to give to everyone on your list this holiday season. For the 13th year in a row, the National Retail Federation found gift cards are the most popular item on holiday wish lists, requested by 59% of...more
For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more
Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more
Multiple retailers and restaurant groups are facing a spate of recently filed class actions alleging violations of the Americans with Disabilities Act (ADA) for their failure to offer gift cards containing Braille that are...more
Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October. Thirty-three class action lawsuits were filed against a...more
Restaurants and retailers working to ensure their physical locations and websites are accessible and comply with the Americans with Disabilities Act (ADA) may now have another issue to contend with – gift cards. Recently,...more
In addition to concerns surrounding the accessibility of a business’ website, retailers now have a new concern – the accessibility of their gift cards. Plaintiffs have recently filed a number of lawsuits alleging that the...more
A wave of new unclaimed property statutes and rules is changing whether and when businesses should escheat gift, payroll, loyalty, and other stored-value cards. Ten states have adopted new statutes or rules in this area over...more