Panini Trading Cards, Topps Class Action Lawsuits Claim Redemption Cards An Unlawful Lottery

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Topps, Panini Redemption Cards Class Action Lawsuits Overview: 

• Who: Belinda Wheeler filed separate class action lawsuits against Panini America, Inc., and The Topps Company, Inc. 
• Why: Wheeler claims redemption cards sold in trading card packs by Topps and Panini constitute an unlawful lottery.
• Where: The class action lawsuits were filed in New York and District of Columbia federal courts.

Redemption cards sold in trading card packs by Panini America and The Topps Company constitute an unlawful lottery and violate federal and state law, two new class action lawsuits allege.

Plaintiff Belinda Wheeler argued in separate complaints filed against Panini and Topps that redemption cards, which may come within a pack and allow a consumer to obtain a “random speciality card”,” constitute an “unlawful lottery” since non-purchasers are not given an option to enter. 

“Federal and state law require that a contest which offers a chance at winning a thing of value permit any person to enter, regardless of whether they purchased the item in question,” the class action lawsuits state. 

Wheeler claims the packaging for Topps and Panini brand trading cards highlights that they contain redemption cards; however, neither fails to display no purchase necessary (NPN) information in a “clear and conspicuous manner” as required by law. 

“NPN instructions are required to be equally prominent to other methods of entry and cannot place a non-purchaser at a disadvantage relative to a purchaser,” the class action lawsuits state. 

Topps, Panini Consumers Unaware They Don’t Legally Need To Purchase, Class Action Says 

By failing to highlight NPN information, consumers are unaware that they would not legally need to purchase the product to obtain a redemption card, the class action lawsuits allege.

Further, Wheeler argues that a consumer would be unable to purchase and return the product to obtain the NPN instructions since returning packs of trading cards is not allowed. 

“By requiring purchase of the Product and rendering it difficult to impossible for nonpurchasers to obtain the redemption cards, consumers are misled to purchase items they otherwise would not have to at higher prices,” the class action lawsuits state. 

Wheeler argues consumers end up erroneously believing that the only way for them to enter a redemption card contest, and have an equal chance of winning, is by purchasing the trading card pack.

“Plaintiff did not have to purchase the Products to enter the contests, but due to the practices described here, was not given another reasonable option,” the class action lawsuits state. 

Wheeler claims Topps and Panini are both guilty of unjust enrichment and in violation of, among other things, the Magnuson-Moss Warranty Act and multiple state consumer fraud acts.

Wheeler wants to represent a District of Columbia class and multistate subclass of consumers who have purchased either Topps or Panini brand trading cards.

Plaintiff is demanding jury trials in both complaints and requesting injunctive relief along with monetary, statutory and/or punitive damages for themselves and all class members. 

Have you purchased Topps and/or Panini brand trading cards? Let us know in the comments! 

The plaintiff is represented by Scott C. Borison of Borison Firm, LLC,; Steffan T. Keeton of The Keeton Firm LLC; and Spencer Sheehan of Sheehan & Associates, P.C. 

The Class Action Lawsuits are Wheeler v. Panini America, Inc., Case No. 1:22-cv-00763, in the U.S. District Court for the District of Columbia; and Wheeler v. The Topps Company, Inc., Case No. 1:22-cv-02264, in the U.S. District Court for the Southern District of New York. 

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