Legal Question in Consumer Law in California


I need advice.

Can I file a lawsuit against a grocery store. This is a popular store. I went shopping the other day and payed with a gift card. The gift card had more money than what I purchased. During my transaction, the cash register showed that I owed a balance. In my mind I remembered having over $30.00 in my card and my transaction was less than $20.00. Thinking that the machine was right I went on and payed the balance with my debit card. The cashier even threw away my gift card because I thought it was worthless. Still thinking about it, at home I checked the receipt and I realized the machine had made a mistake. It had charged me even though it showed I had a balance higher than my purchases. I went back to the store the same day and talked to the manager. After checking my receipt and the cameras, the manager admitted that I was right and refunded me $35.00 which was higher than my $32.00 that I had left over in my gift card after the transaction. I went back the next day and use the gift card that I was given by the manager and it happened again. The cash register showed that I owed a balance once again. I complained to the cashier that the gift card had money. He scanned it on his scanner and it worked. I realize that this happens only when I swiped the card. This is the cash register�s mistake or even the system because the day before it was at a different register. It does charge some money from the gift card and it gives zero balance. Is frustrating because I shop here with gift cards all the time. I can only imagine how many times they have done this to me and other people that don�t check their receipts. What can I do? I have the receipt to prove it.

Thank you.

Asked on 10/20/15, 9:09 pm

1 Answer from Attorneys

Gerald Dorfman Dorfman Law Office

It is possible you may have an action under the Consumer Legal Remedies Act and/or for fraudulent business practices, and it is also possible this may serve as the basis for a class action. If you want to pursue it, you should act right away, as there are procedural requirements and time deadlines which could keep you from succeeding if you do not comply with them.

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Answered on 10/21/15, 9:15 am

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