The Rush Card Lawsuit

The Rush Card lawsuit was one of the most publicized and controversial cases that hit the world in recent years. The deck of cards, manufactured by a company called WMS, caused quite a stir. Rush, the plaintiff who brought the lawsuit, was not the only one to have his identity stolen; however, the suit made the manufacturers responsible for damages incurred as well as the way they handled the situation.

Rush Card Lawsuit

The entire case hinged on whether or not the manufacturer, WMS, intentionally or unintentionally made an error when processing the cards. There were two ways that the cards could have been processed more efficiently. One way would have been to use magnetic-stripe machines, which would have eliminated the need for a credit or debit card. The other way would have been to process the cards with bar code technology. Both machines had their advantages, so it really depended on which system was used to determine which one was best.

The plaintiffs in the lawsuit filed suit were originally assigned by WMS to process all rush orders, regardless of the method of payment.

Because this was done without regard for whether the credit card was authorized, the company became liable for the damages sustained as a result of their negligence. There are several other suits filed against WMS, with similar allegations. Because the amount of the lawsuit was significant, the judge allowed WMS to seek a judgment of financial damage as part of the damages in the case.

In its defense, WMS maintained that the claims of the Rush Card lawsuit were “bogus and unjustified.”

Despite the dismissal of their claims, WMS was hit with another lawsuit based on the same incident. This time, the accusations in this case went a bit further than simply making a mistake when processing credit and debit card orders. The plaintiffs in this case alleged that WMS acted in bad faith and discriminated against customers based on their credit or debit card history. The lawsuit also accused WMS of subjecting Asian customers to racial profiling, of forcing African American and Hispanic employees to do menial tasks, and of subjecting Native American customers to extremely rude and abusive treatment. The court did not find these allegations to be true.

When processing transactions, WMS maintains that it only acts in a customer’s best interest.

” Rush Card purchases are processed only after the customer has provided identification,” the company contends. Even if a customer has over-spent on a credit card, WMS reserves the right to decline such a sale. If a customer is unable to pay for the purchase right away, the company adds that the sale will still go through as long as the customer provides authorization for the sale. If authorization isn’t offered, the transaction will be denied.

Rush Card lawsuit is just one case among many in which big retailers face legal actions and settlements for denying service to certain customers.

As more consumers rely on their credit cards to fuel their business, major retailers find themselves at the center of legal battles. While some big names have entered into settlement agreements with consumers who have filed lawsuits against them, there are many other cases in which big names have lost their bids to settle. If you are faced with such a situation, it may be best to seek legal counsel to determine your rights and the course of action you should take.

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