Shopper Peach amends complaint

Steve Gonzalez Nov. 1, 2004, 4:57am

Madison County shopper Ashley Peach, who has three pending class action suits against retailers for gift card balance fraud, filed a leave to amend her complaint against Fashion Bug on Oct. 27.

In June, Peach also sued Wal-Mart and K-Mart, alleging those retailers failed to return remaining balances on gift cards.

Peach claims that she has been damaged in the amount remaining on the gift card, legal interest, reasonable attorney fees and court costs, plus treble punitive damages, but in no event in excess of $75,000 exclusive of costs and interest on two counts.

Peach claims that after Christmas 2003, she used her Fashion Bug gift card to purchase a shirt for approximately $12 at a Granite City store.

After the purchase, Peach demanded the balance remaining on a gift card (approximately $8) to be returned to her as change, as if she had used cash or a gift certificate.

Peach claims that the cashier refused to provide her with change in the form of cash. She claims that the balance on the card represented money she had the right to possess immediately and without condition.

Peach, through her attorney, Jeffery Millar of The Lakin Law Firm, states in the complaint that by refusing to return change from a left over balance in the form of cash, Fashion Bug wrongfully and without authorization assumed control, dominion and ownership over the remaining balance.

Fashion Bug’s action in refusing to return the balance on a gift card is a willful and wanton disregard of Peach’s rights, the complaint states.

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