Update: Cannot Believe What Walmart Told Me - Warning to You Concerning Gift Card Scammers (Video)

Walmart customers have been seeing an increase in empty Gift Cards, the funds load on the card already stolen by scammers.

Gift card draining is when scammers drain gift cards before they’re able to be used by the person who owns the gift card. Scammers do this by going into stores and stealing unpurchased gift card numbers and PIN codes. While gift card numbers and PIN codes are sealed so that no one can see them, scammers unseal them and then reseal them so they don’t look like they’ve been tampered with. 

When someone purchases a gift card which has had its numbers and PIN stolen, the scammer will steal the the money  loaded on the gift card – “draining” it of its funds. 

https://youtu.be/mssrPcpAD9A

Here are some steps you can take to try to resolve this issue and possibly get your money back. Contact Walmart first and be prepared to have to contact Walmart multiple times in attempting to resolve the problem. Escalate the issue by speaking with a manager or someone higher up in the customer service department. Explain the situation in detail, including the fact you have the purchase receipt. Make sure to keep a record of all communications.

File a Formal Complaint

If direct communication with Walmart doesn’t resolve the issue, consider filing a formal complaint. You can do this through Walmart’s corporate customer service or their website (https://corporate.walmart.com/about/contact).

Report to Consumer Protection Agency

Report the incident to your local or national consumer protection agency. In the United States, this could be the Federal Trade Commission (FTC) or your state’s Attorney General’s office. These agencies can offer guidance and, in some cases, intervene on your behalf. Here is a link to make a complaint with the FTC: https://reportfraud.ftc.gov/#/. You will also want to make a complaint with the Attorney General’s Office in your state and your should be able to do this online. 

Contact Your Payment Provider:If you used a credit or debit card to purchase the gift cards. Contact your bank or card issuer since many financial institutions have protections against fraud and may be able to reverse the charge or offer a refund.

Raise Awareness

Consider sharing your experience on social media or with local news outlets. Sometimes public attention can prompt a company to take action.

Preventive Measures for the Future

As a preventive measure, consider purchasing gift cards directly from a cashier or an online source in the future to minimize the risk of theft.Walmart’s liability in the case of gift card scams, especially if they are aware that such scams are common, can be a complex issue. Here’s a breakdown of the different aspects involved.

Legal Responsibility

Generally, retailers are not legally responsible for crimes committed by third parties. However, if it’s proven a retailer knew about a frequent scam and didn’t take reasonable steps to prevent it, there could be grounds for negligence. This is particularly relevant if it can be demonstrated Walmart was aware of the scam and did not implement adequate security measures.

Consumer Protection Laws

Under various consumer protection laws, retailers are expected to ensure heir business practices do not put consumers at an unreasonable risk of harm. If Walmart is aware of a recurring scam involving their gift cards and does little or nothing to mitigate it, this could potentially be seen as a failure to protect their customers.

Reasonable Security Measures

It could be argued retailers have a duty to implement reasonable security measures if they are aware of specific threats, such as gift card scams. This might include ensuring gift cards are stored securely, training employees to recognize signs of tampering or helping customers at checkout to verify the cards are valid.

Warning Signs

Posting warning signs about potential scams could be considered a reasonable step for Walmart to take. Such signs could inform customers about common scams and advise them on how to purchase gift cards safely.

Employee Assistance at Checkout

Having employees assist with or verify the legitimacy of gift cards at checkout could be another measure. However, this might not be foolproof, as tampering can sometimes be hard to detect.

Legal Precedents

The liability of retailers in these scenarios can also depend on legal precedents set by similar cases. If other retailers have been held liable under similar circumstances, it could influence Walmart’s liability.Public Relations and Customer Goodwill: Apart from legal liability, there’s also the matter of public relations and customer goodwill. Large retailers like Walmart might choose to reimburse customers in these situations as a gesture of good faith, even if they’re not legally obligated to do so.

Consumer Awareness and Education

Retailers can also play a role in educating consumers about gift card fraud and how to avoid it, which can be a proactive way to reduce the incidence of such scams.Your legal recourse against Walmart regarding the fraudulent use of gift cards can involve several steps, and it’s important to understand the potential actions you can take.

Investigation Request

You have the right to request that Walmart investigates the transaction where the gift cards were allegedly cashed out. This could help determine who used the cards and under what circumstances they were used. Walmart typically has systems in place to track the usage of their gift cards.

Small Claims Court

If direct communication and requests for investigation don’t yield results, one option is to file a claim in small claims court. This is a venue for resolving smaller disputes without the need for a costly legal process. Before pursuing this, you should gather all relevant evidence, including the purchase receipt and any communication with Walmart.

Consumer Protection Lawsuit

If there’s evidence Walmart was negligent in preventing fraud (especially if this is a known issue), you might have grounds for a lawsuit under consumer protection laws. This type of lawsuit would argue Walmart failed to take reasonable steps to protect consumers from a known risk.

Class Action Suit

In cases where many consumers are affected by the same issue, a class-action lawsuit might be appropriate. This would require finding other consumers who have experienced similar issues with Walmart gift cards.

Duty to Investigate

Regarding Walmart’s duty to investigate, while they may have internal policies for handling such cases, there’s no specific legal mandate requiring them to investigate every claim of gift card fraud. However, demonstrating a willingness to investigate and resolve such issues can be part of good customer service and fraud prevention practices.

Local Legal Advice

If you do choose to pursue further legal action such as a lawsuit, it is highly recommended to seek legal advice from a lawyer who specializes in consumer law. They can provide guidance specific to your situation, including an understanding of your state’s laws and how they apply to your case. Persistence is key in these situations. Keep a record of all communications and responses as you go through this process.

SOURCE: https://www.justanswer.com/consumer-protection-law/nxzen-paid-200-00-walmart-gift-cards-november-30.html