Fashion Bug gift card balance case up for case management

Steve Gonzalez Mar. 22, 2005, 5:20am

Fashion Bug on Nameoki Road in Granite City

A woman who filed three class action lawsuits against retailers because she was not issued cash for unused gift card balances, will be in court for a case management conference on March 31 against Fashion Bug.

Ashley Peach filed suit against Fashion Bug in June 2004, originally claiming she used a $20 gift card to purchase a $12 shirt--then amending the complaint stating it was a $30 gift card used to purchase a $21.04 shirt. Peach did not receive cash back from the transaction that took place sometime after Christmas 2003.

Peach claims she demanded the remaining balance on the gift card in cash but the clerk refused. The suit claims she had the right to immediately possess the remaining balance in cash, unconditionally.

By its refusal to return change from a left over balance, Fashion Bug wrongfully and without authorization assumed control, dominion and ownership over the remaining balance left on her gift card, according to the suit.

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.

Peach also filed class action complaints against K-Mart and Wal-Mart claiming K-Mart would not return 52 cents left on her gift card and Wal-Mart would not return $1.39.

Peach's mother, Armettia, also has a class action complaint pending in Madison County Circuit Court.

Both plaintiffs are represented by the Lakin Law Firm in Wood River and Freed & Weiss of Chicago.

Circuit Judge Philip Kardis will preside over the hearing in his Granite City courtroom at 9:30 a.m.

In addition to Peach's motion for class certification, Kardis will hear Peach's motion to compel and defense motions to stay proceedings for class certification and a motion for summary judgment.

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