News & Media
Case Updates

On January 30, 2024, Wolf Popper LLP filed a Class Action Complaint against Visa U.S.A, Inc., InComm Financial Services, Inc., Pathward, N.A. (together, “defendants”) over the defendants’ Visa Vanilla Gift Cards.  The Complaint alleges that that the defendants failed to disclose to Plaintiff and members of the Class 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 in a manner that does not alert consumers to the fact that the cards have been compromised and their funds are vulnerable to theft.  This problem is widespread and has been known to the defendants for years, yet they have taken no steps to warn consumers about the problem or change the way Visa Vanilla gift cards are sold to make them more secure.  Since the Complaint was filed, at least fourteen publications wrote articles on Wolf Popper’s Complaint, including Reuters, the New York Post, US News and Law360.  To read the articles, please click on the links below.
 
As described in the articles, Plaintiff Ira Schuman purchased Visa Vanilla gift cards for his employees.  Unbeknownst to Schuman, thieves had already exploited the inadequate design of the packaging to access the cards and record the account numbers.  The thieves had been monitoring the cards on Visa Vanilla’s website to wait for them to be purchased and loaded with funds.  Almost immediately after Schuman bought the cards, the thieves used the cards to make purchases of their own, thus stealing Schuman’s money.  Schuman complained to Visa about the theft but Visa simply referred him to a bank he had never heard of before.  That bank told Schuman to fill out a complaint form, which he did, but then took no action to reimburse him for the theft.
 
Schuman’s Complaint demands that Defendants adopt better practices to keep consumers’ funds secure and compensate consumers who have already been harmed for their financial losses.
 
Consumers who were victimized by Defendants’ failure to prevent fraud should contact Patricia Avery (212-451-9619, pavery@wolfpopper.com), Philip Black (212-451-9628, pblack@wolfpopper.com), or Timothy Brennan (212-451-9616, tbrennan@wolfpopper.com). 
 

Phone: Patricia Avery – (212) 451-9619
Phone: Philip Black – (212) 451-9628
Phone: Timothy Brennan – (212) 451-9616
Email: Outreach@wolfpopper.com