Plaintiff claims that Nordstrom has a policy of issuing to its customers “Nordstrom Notes,” which are gift certificates. The certificates are redeemable at any U.S. store in the department store chain and are issued pursuant to the chain’s Fashion Rewards Program. Customers earn the certificates by spending specified sums of money at Nordstrom stores.
Points are earned for every dollar customers spend at Nordstrom. Customers who accumulate 2,000 points will receive a $20 gift certificate, while 4,000 points earns a $40 gift certificate. The expiration date on the certificates appears in an eight-point font on the certificate itself. Plaintiff claims that the small type can be difficult for customers to read and that many states require such information to be in larger type face. Plaintiff argues that the small typeface is intentional by Nordstrom so that customers will not use the certificates. Plaintiff argues that Nordstrom’s actions constitute a scheme to defraud the consumer and has cost consumers nationwide millions of dollars.
Plaintiff claims that many customers have failed to use their gift certificates within the specified period of time because they were unaware of the certificate’s expiration date because of the small typeface.
A similar class action alleging similar claims was recently settled.
Plaintiff seeks to represent a class of all Nordstrom customers, other than those subject to the California class action settlement, who received Nordstrom Notes that contained unreasonably small printed expiration dates in less than 10-point type.