If I received a $60 gift cards but the company won;t honor them, what are my options?

UPDATED: Aug 28, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I received a $60 gift cards but the company won;t honor them, what are my options?

The company filed Chapter 11 in the spring and got permission to sell assets. They say they don’t have to honor gift cards but it seems like bad business practice since they are staying in business. After being told for months they would eventually accept them, now the employees of my local store are saying they will not honor them ever. I have tried contacting corporate several times and have been ignored all but once, where they just copy and pasted the same statement on their website about the bankruptcy. They did not address my request to cash in. Do I have any recourse?

Asked on August 28, 2011 Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You don't have any effective recourse, unfortunately, for two reasons:

1) Legally, it may well be the case that the Cha. 11 bankruptcy has eliminated their obligation to honor gift cards, since bankruptcy will generally restructure and eliminate debts and allow the disclaimer of many contractual liabilties. While it's not certain this is the case (it depends on the plan), it is likely.

2) Even if they were still legally obligated to honor the card, if they refuse to, the only way to get them to honor would be to sue. Even if you sued in small claims court, for the amount of money you describe, you'd at best more or less break even, or come a few dollars ahead.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption