In June, plaintiff Ashley Peach filed a class action lawsuit against Kmart after they allegedly refused to refund her gift card balance in cash.
That gift card balance was 52 cents. Represented by the Wood River-based Lakin Law Firm, Peach is seeking real and punitive damages in the case.
In December 2003, Peach used the gift card in question to make a purchase at Kmart's Granite City store.
According to Peach's attorney Jeffery Millar, Kmart 'wrongfully and without (her) authorization assumed control, dominion, and ownership over that remaining balance.'
Peach also accuses Kmart of unfairly charging a $2.10 “service fee” on gift cards that go unused for two years. In her complaint, she claims that Kmart's ulterior motive of this fee is to reduce card account balances to zero.
Judge Philip J. Kardis will hear several motions, one being a for a substitute of judge on this case, on Thursday September 16 at 8:30 a.m. in Granite City.
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