
Court of Appeals for the Third Circuit (“Third Circuit”) issued a decision in New Jersey Retail Merchants Association (NJRMA) v. Sellers that offer gift cards in New Jersey, or that offer “daily deal” vouchers in partnership with Groupon (or run similar promotions), should take note of these developments, summarized in more detail below.Īs we have previously reported, in January of this year the U.S. On the other side of the country, in California, Groupon reached an $8.5 million settlement in multidistrict litigation alleging that the promotions company sold vouchers with unlawful expiration dates, in violation of the law of several states. At the end of March and the beginning of April, several of the biggest gift card sellers announced that they would stop selling gift card products in New Jersey, on the basis that they could not ensure that third parties would comply with the data collection provisions of the New Jersey stored value card law. During the past couple of weeks, there have been several important new developments in the gift card industry that may inform the next steps of sellers of gift cards and similar instruments in New Jersey and other states.
