Hollister defeats class certification in gift card case

Client(s) Abercrombie & Fitch Co.

Jones Day represented Hollister Co., in a putative class action filed under California's Consumer Legal Remedies Act. Plaintiff claimed his promotional gift card expired without his knowledge, and he sought to represent a class of all California consumers holding expired gift cards issued by Hollister. Hollister argued that class treatment was inappropriate because, among other reasons, the expiration date of the cards was disclosed to customers through in-store signs, card sleeves, communications by in-store employees and other marketing materials. The trial court denied plaintiff's motion for class certification, holding that individual issues predominated.

White v. Hollister, Case No. BC444368 (L.A. Superior Court)