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American Express has reached a class action lawsuit settlement over claims the company failed to notify consumers about the full terms and conditions of its gift cards. If you purchased, received, held or used an American Express gift card between January 1, 2002, and October 15, 2013, you may be eligible to claim a number of cash awards, up to a maximum of $40. The class action settlement even provides benefits to non-Class Members, including a refund of the unused balance of their gift card at no cost.
Following mediation, the parties agreed to a settlement in the class action lawsuit Kaufman v. American Express that alleges American Express engaged in deceptive marketing and sales practices. American Express has denied all allegations of wrongdoing but agreed to settle the class action lawsuit to avoid the burden, expense and uncertainty of continuing litigation.
The plaintiffs filed the American Express gift card class action lawsuit in 2009, alleging that American Express failed to notify purchasers of the full terms and conditions applicable to its gift cards, specifically in regard to significant and material limitations on the use of the American Express gift cards. They allege that this failure caused consumers’ to be unable to utilize the full value of the gift cards because merchants either could not or refused to process split tender transactions (use of two forms of payment). Further, they allege that American Express improperly applied fees against the available gift card funds.
Class Members include all purchasers, recipients, holders and users of any gift cards issued by American Express from January 1, 2002, until September 21, 2011.
Under the terms of the American Express gift card settlement, Class Members can claim the following:
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- Class Members who unsuccessfully tried a split-tender transaction can get up to $20.
- Those who incurred monthly fees can get up to $8.
- Those who paid a check issuance fee can get up to $5.
A Class Member can claim one or all of these amounts, but no Class Member may get more than $20 per gift card or $40 total. Those who incurred a monthly fee or check issuance fee after unsuccessfully trying a split-tender transaction, but who do not know their American Express gift card number, can get a total of $5.
All Class Members will be able to buy a new $100 gift card without paying any purchase fee (typically $3.95) or shipping/handling fee (typically $5.95). The class action settlement also offers anyone (even a non-Class Member) who has an American Express gift card, or a gift card number without the actual card, with a value of $25 or less a refund of the unused balance at no cost.
Who’s Eligible
If you purchased, received, held or used an American Express gift card between January 1, 2002, and October 15, 2013, you may be eligible to claim a number of cash awards, up to a maximum of $40.
Potential Award
Up to $40 cash, the ability to purchase a $100 gift card without paying fees, and/or a refund of the unused balance (under $25) at no cost.
Claim Form
Claim Form Deadline
11/16/2015
Case Name
Kaufman v. American Express Travel Related Services Inc., Case No. 7-cv-0177, U.S. District Court, Northern District of Illinois, Eastern Division
Final Hearing
1/22/2016
Settlement Website
www.kaufmanclassactionsettlement.com
Claims Administrator
Rust Consulting
P.O. Box 8015
Faribault, MN 55021-9415
1-866-680-3343
Class Counsel
Phillip A. Bock
Richard J. Doherty
James M. Smith
BOCK & HATCH LLC
Defense Counsel
Stephen J. Newman, Esq.
STROOCK & STROOCK & LAVAN LLP
UPDATE: On Nov. 14, 2014, a federal judge ordered the parties to vet the documents they have filed under seal to ensure they comply with the law, or else she will open up the record to public viewing. The parties have until Dec. 1, 2014 to comply with the judge’s order. This action may mean the judge will soon give final approval to the American Express gift card settlement and pave the way for Class Members who filed claims to receive payment.
UPDATE 2: The deadline to file a claim for the American Express gift card class action settlement is now Nov. 16, 2015.
UPDATE 3: The Court granted final approval of the settlement on Mar. 8, 2016. Appeals of the settlement have been filed. Claims will not be paid out until the appeals are resolved.
UPDATE 4: The final appeal to the American Express gift card class action settlement was dismissed on April 4, 2018. It is not known how quickly claims will be paid. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 5: On May 21, 2018, Top Class Actions viewers started receiving $25 checks in the mail from the American Express gift card class action settlement.
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85 thoughts onAmerican Express Gift Card Class Action Lawsuit Settlement
this message is for, jennell,dianne, carol, qt, and any others abusing this system. i can only guess that because each one of you is extremely stupid. you don’t realize that what you are doing. you also don’t realize how illegal and well monitered this system is. you apply for every lawsuit. you swear that you are a class member. you call the claims admin over and over. you post many comments on all the sites. i could get on here and call you names. i could get on here and threaten to turn you in to the proper authorities. i will not lower myself to your level though. i will only say. i hope that one day if not sooner you receive the KARMA that you deserve. please understand that everyone on here, claimants and management, wishes you would go away.
Final Approval is on 6/11/14 you have a while before any checks or cards are sent out.
Anyone know if they send checks first class mail?
Carol, your coven is over? You’ve told about 10 people to shut up on these boards. If you see our posts don’t read them. it’s as simple as that. Why don’t you understand.
TON listen to me. i used to be a drug addicted prostitute but ive cleaned up. now all i have in life is these class actions and i dont want people talking on these boards when i dont want them to!
I’ve heard you were one of the best. The lines in the Bowery were clear around the block. I’m glad you’re clean, but there is still no reason to be a bitch. As I have said before don’t read the posts if they upset you.
All the time I had a gift card for my birthday or holiday’s and I thought about buying some of them for a gift for some of my friends birthday I new it would had problems until one day fees had got took of my card it is crazy when you do not have a job and when you really need money how hard that can be because the amount of fees the money you spend on something and when you do not use it
It does make you angry when someone takes advantage of you. This is why American Express makes billions. You were probably really angry when you wrote your note.
hey TON why don’t you shut up? you post on all the claims and act like you know what’s going on. nobody asked you pal.
THE DATES FOR THIS ARE INCORRECT.
IT IS BETWEEN 2002 and 2011.
I hate this company
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I was charged a monthly fee I recieved the 100$ gift card for Christmas 2010 did not use it for several months when I did use it a $5 a month fee had been taken ($25)
I boutht so many of these cards for my workers.