Santa Clara, CA: A consumer fraud class action lawsuit concerning charitable donations has been filed by a New Jersey man against MasterCard. The suit claims the company continued to advertise a donation promotion after its donation goal had been met.
Filed by plaintiff Robert Doyle, individually and for all others similarly situated, the lawsuit alleges breach of contract, breach of good faith and fair dealing, and violations of the District of Columbia Consumer Protection Procedures Act.
According to the suit, every year since 2011 MasterCard has run a marketing promotion related to Entertainment Industry Foundation's Stand Up To Cancer program, in which MasterCard advertises it will give one cent to the program for each credit or debit transaction made by a MasterCard cardholder.
Under the terms of the program, a donation can only be made if the cardholders use a consumer or small-business card issued by a US financial institution, and the transaction is for a minimum of $10. Further, it must be made at a qualifying restaurant in the US. MasterCard advertised that it had a goal of reaching $4 million to be donated to the program.
However, according to the suit, in 2012, 2013, 2014, and 2015, MasterCard continued to advertise the marketing promotion after it had reached and knowing it had reached its maximum donation goal. MasterCard would only announce it had reached its goal once it reached a scheduled end date, even though it knew it would meet its donation goal before that date, according to the complaint.
Doyle and others in the class seek damages of more than $5 million, including punitive damages, injunctive relief, attorney fees, and costs of the suit. They are represented by attorney Todd C. Bank in Kew Gardens, New York.
The case number 1:15-CV-09360-LTS, Southern District of New York.