Ashley Peach, who has three pending class actions suits in Madison County, will be in court June 17 for her case against Wal-Mart, on its motion to dismiss the suit.
The hearing was originally slated for March 14, but Peach asked for more time to prepare for the hearing.
Represented by Jeffery Millar of The Lakin Law Firm, Peach alleges that Wal-Mart wrongfully retained unused balances on gift cards.
In her complaint, Peach alleges that sometime after Mother’s Day in May 2004 she purchased shampoo, conditioner, and other toiletries from the Granite City Wal-Mart, using two separate $10 gift cards to pay for the purchase that totaled $18.61.
Peach sued KMart and Fashion Bug on similar allegations. Recently, she filed a motion to dismiss her case against Fashion Bug.
Wal-Mart, represented by Jennifer Kingston of Bryan Cave in St. Louis, will argue that gift card states that it can not be redeemed for cash, and use of the card constituted acceptance of those terms.
Kingston also will argue that Peach’s complaint fails as a matter of law because she cannot prove she suffered any actual damages, and a claim is only actionable if the damages alleged are real and present.
Circuit Judge Nicholas Byron will hear Wal-Mart’s motion at 9 a.m.
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