Following a conference held before the Court on June 10, 2024 regarding defendants’ request for a conference concerning their contemplated motions to dismiss the Amended Complaint, the Court entered a schedule for Plaintiff to amend his complaint and in doing so also ordered a stay of discovery pending resolution of any motion to dismiss the new complaint. Accordingly, on July 15, 2024, Plaintiff Ira Schuman filed a Second Amended Class Action Complaint in the Southern District of New York. This complaint seeks to represent a class of persons who, in the State of New York, purchased a Visa Vanilla card that had its funds drained prior to use by the consumer or its intended recipient under N.Y. Gen. Bus. Law §349. This complaint alleges that the defendants violated Law §349 by failing to properly investigate and resolve complaints from consumers that their Visa Vanilla gift cards were drained of funds and by failing to disclose to consumers that Visa Vanilla gift cards are sold in packaging that permits thieves to easily gain access to the cards before they are purchased to steal the card’s account numbers. The lawsuit demands that Defendants adopt better practices to keep consumers’ funds secure and compensate consumers who have already been harmed for their financial losses.
On September 3, 2024, Defendants filed motions to dismiss the Second Amended Complaint. The Court has not yet ruled on the motions.