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Monday, October 14, 2019

Consumers file suit against Walmart over allegations gift cards were tampered with before purchase

Federal Court

By Carrie Bradon | Sep 19, 2019


LITTLE ROCK, Ark. (Legal Newsline) — A group of individuals is suing Walmart over allegations that funds they loaded onto gift cards were used by a third party because the cards had been tampered with prior to their purchase.

Gracie Foster, Pearlie Boyd, Monica Robinson, Jodie Roskydoll and others filed a complaint on Aug. 15 in the U.S. District Court for the Eastern District of Arkansas against Walmart Inc., Walmart Stores of Arkansas LLC and Walmart Stores East L.P. alleging violation of the Alabama Consumer Protection Act and other counts.

The plaintiffs allege that they were victimized by the defendants' negligence regarding their gift cards. According to the suit, Walmart has been aware that thousands of their gift cards were tampered with prior to their sale and that scammers would come into the store, remove security tape from the cards in order to log the pins and then use the funds that customers loaded onto the cards. They allege they purchased gift cards and loaded money onto them, but when they attempted to use the cards, the defendant had deactivated them or the funds had already been used by another party.

The plaintiffs allege Walmart has been negligent through failing to take the reasonable actions to protect their customers in addition to failing to warn to the plaintiffs that the outcome was a possibility. The suit states the exact number of Walmart customers affected is unknown.

The plaintiffs are seeking judgment against the defendants, compensatory damages, trial by jury, attorneys' fees, court costs, interest and just relief. The plaintiff is represented by Donald M. Brown and Craig R. Heidemann of Douglas, Haun & Heidemann PC in Springfield, Missouri; Q. Byrum Hurst of Hurst Law Group in Hot Springs, Arkansas; and E. Powell Miller, Sharon S. Almonrode, Emily E. Hughes and William Kalas of The Miller Law Firm PC in Rochester, Michigan.

U.S. District Court for the Eastern District of Arkansas case number 4:19-CV-00571

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U.S. District Court for the Eastern District of Arkansas

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