New York Attorney General Letitia James has reached a settlement with Card Compliant LLC, securing nearly $4.4 million from the company for its role in helping H&M retain millions of dollars in unused gift card funds. The funds should have been transferred to New York's Office of Unclaimed Funds as required by state law.
For several years, H&M withheld unredeemed gift card balances that belonged to New Yorkers. Through an agreement with Card Compliant, it appeared that the out-of-state company was managing H&M's gift card business, exempting them from transferring the unredeemed balances to the state. However, H&M continued to manage its own gift cards and was obligated by law to surrender these unused balances.
Attorney General James previously secured over $36 million from H&M in May 2022 for similar violations. The recent settlement requires Card Compliant to pay nearly $4.4 million to New York State.
"Consumers should know that when they buy gift cards, the money on the card belongs to them," stated Attorney General James. "For years, Card Compliant and H&M knowingly disregarded the law and lied to the state and consumers."
H&M sells gift cards for use in both retail and online stores. Under New York law, issuers must transfer unused balances after five years of inactivity to the state's Abandoned Property Fund.
The investigation into H&M began in 2016 following a whistleblower lawsuit under the New York False Claims Act. It revealed that H&M failed to transfer millions in unredeemed balances as required.
In an attempt to avoid compliance, H&M entered into an agreement with Card Compliant which made it appear that Card Compliant was issuing and administering their gift cards from Leawood, Kansas.
In 2011, when contacted by the New York Comptroller’s Office about their contract with Card Compliant, advice was given not to disclose fee provisions revealing retained unredeemed balances. Misleading statements were made implying Card Compliant handled issuance and marketing services while retaining unredeemed funds.
The settlement resolves allegations of false statements provided by Card Compliant advising H&M similarly. As part of this resolution, more than $1 million will be awarded to the whistleblower involved.
The investigation was led by Assistant Attorney General Laura Jereski of the Taxpayer Protection Bureau along with Legal Support Analyst Iuliia Belyshkina under Senior Enforcement Counsel Bryan Kessler's supervision. The bureau is headed by Thomas Teige Carroll and Deputy Bureau Chief Scott J. Spiegelman within the Division for Economic Justice led by Chris D’Angelo and Jennifer Levy.