A state judge in Nassau County has refused to dismiss a putative class action lawsuit that challenges the deduction of fees from a pre-paid gift card following the card’s expiration.
Supreme Court Justice Ira B. Warshawsky rejected the contention of the Simon Property Group, an owner of shopping centers, and U.S. Bank, which issued the company’s cards, that federal banking regulations preempt a gift-card holder’s state claims such as breach of contract, unjust enrichment and deceptive practices under General Business Law §349.
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