Walmart Class Action Lawsuit Alleges Gift Card Scam

Walmart now faces a gift card scam class action alleging that the massive retail company refuses to compensate consumers after criminals use and return gift cards.

Plaintiff Debbie McCoy recently filed a class action lawsuit against Walmart Inc., and other related entities, claiming that the company participates in a widespread gift card scam by refusing to compensate their customers after criminals steal gift card information and use the funds.

This practice reportedly leaves consumers like McCoy with unusable gift cards.

On Dec. 15, 2017, McCoy says she purchased two $25 gift cards for her niece and nephew for Christmas. However, when she gave her niece the gift cards for Christmas, she discovered that the balance had been used on Dec. 17 by a third party.

Her nephew attempted to check the balance after this discovery to find that Walmart had deactivated his card. McCoy claims that the balances were used by criminals who stole the gift card information off of the gift cards while they were hanging on the rack, causing her to sustain financial losses of $50 in addition to emotional distress and embarrassment from giving unusable gift cards as gifts.

The Walmart gift card class action lawsuit argues that criminals can remove the security tape off the back of a gift card, copy the information, and replace the security tape with another product. Security tape is allegedly readily available for purchase at many online retailers including Amazon. Additionally, gift cards on the rack are easy to manipulate, steal, and replace for unsuspecting consumers such as McCoy to purchase.

Despite the ease with which third parties can steal vital gift card information, Walmart allegedly does not compensate consumers when they fall victim to fraudulent behaviors. The Walmart class action claims the company also refuses to take steps to prevent fraud and gift card scams by securing their gift cards and checking for signs of manipulation at the time of purchase.

“Defendant owed a duty to Plaintiff and the putative Class to ensure that the gift cards sold were original, without signs of manipulations, and otherwise were able to be used by those who received them,” the Walmart gift card scam class action claims. “Defendant breached that duty failing to exercise reasonable care and failing to act in a way that revealed the defects, signs of manipulation, and otherwise failing to reasonably inspect the gift cards at time of check out.”

According to plaintiff counsel, Visa and other gift card companies have started selling their products in bundles to avoid fraudulent criminal behavior and gift card scam. “It’s a shame Walmart hasn’t done the same thing,” plaintiff’s counsel told USA Today.

McCoy seeks to represent a Class of consumers who purchased a gift card from Walmart and had the funds stolen by a third party. The Walmart gift card scam class action lawsuit seeks actual damages exceeding $1,000, restitution, punitive damages, court costs, and attorneys’ fees.

The plaintiff is represented by Craig R. Heidemann of Douglas Haun & Heidemann PC.

The Walmart Gift Card Scam Class Action Lawsuit is McCoy v. Wal-Mart Stores East LP, et al., Case No. 6:18-cv-03256, in the U.S. District Court for the Western District of Missouri.