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Written by Jamie Simpson, LawServer Attorney-Editor
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Last Updated October 22, 2008 |
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A Brooklyn appellate panel has found that Simon Property Group's gift card dormancy fees may validate claims of breach of contract and deceptive busness practices, reports the New York Law Journal. The class action against the company alleges the dormancy fees are not readily disclosed in an easily-readable print size, thus maintaining the claim that they constitute a "breach of implied covenant of good faith and fair dealing," according to Justice Thomas A. Dickerson. The cards, issued by Bank of America and Visa, charge a $2.50 dormancy fee after seven months of purchasing them. New York residents who were issued Simon Gift Cards prior to April 2005 would be included in the proposed class awaiting certification. This was before state lawmakers imposed a 13-month minimum timeframe for dormancy fees to be charged. Connecticut, Massachusetts and New Hampshire have also seen similar actions against the fees.
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