NEW YORK (Legal Newsline) – A New Jersey man is suing MasterCard over allegations the company continued to advertise a donation promotion after its donation goal had been met.
Robert Doyle, individually and for all others similarly situated, filed a class action lawsuit Nov. 30 in the Southern District of New York against MasterCard International, alleging breach of contract, breach of good faith and fair dealing, and violations of the District of Columbia Consumer Protection Procedures Act.
Each year since 2011, the suit states, MasterCard has conducted a marketing promotion related to Entertainment Industry Foundation's Stand Up To Cancer program, in which MasterCard advertises it will give one cent to the program for each credit or debit transaction made by a MasterCard cardholder.
For the donation to be made, cardholders must use a consumer or small-business card issued by a U.S. financial institution, and the transaction must be for at least $10 and be made at a qualifying restaurant in the U.S. MasterCard advertised that it had a goal of reaching $4 million to be donated to the program.
However, the suit states, in 2012, 2013, 2014, and 2015, MasterCard continued to advertise the marketing promotion after it had clinched and knowing it had clinched its maximum donation goal.
MasterCard would only announce it had reached its goal once it reached a scheduled end date, even though it knew it would meet its donation goal before that date, according to the suit.
Doyle and others in the class seek damages of more than $5 million, including punitive damages, injunctive relief, attorney fees, and costs of the suit. They are represented by attorney Todd C. Bank in Kew Gardens, New York.
Southern District of New York Case number 1:15-CV-09360-LTS