Man says company wouldn’t accept voucher even though it says it never expires

FORT MILL, S.C. — Andrew Konik says he got the gift 15 years ago -- maybe more -- a $100 voucher for a Fathead, one of those life-sized decals you can hang on the wall, usually of famous athletes.

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He moved around quite a bit for work, so he didn’t want to use the voucher yet. He wanted to wait until he landed somewhere more permanent and had an office or man cave to hang the decal in.

He ended up in Fort Mill and plans to stay. So, he decided it was time to use the voucher. He’s from Michigan, so he’s a huge Detroit fan, especially of the Lions. So, he went to use the gift for Hall of Famer Barry Sanders.

He concedes he’s had the voucher for a long time, but he wasn’t worried because it says it never expires.

“You would think it was straightforward,” he told Action 9 attorney Jason Stoogenke.

But, according to emails he showed Action 9, Fathead wouldn’t take it.

“They kept saying that ‘Oh, we stopped accepting this a few years ago, and we don’t accept this voucher anymore,’ but never really gave a good reason,” Konik said. “I could live without it, but at the same point, it was a gift. I had held it with the intention to eventually use it.”

Fathead’s fine print says it reserves the right to change the terms and conditions by posting a notice on their website. That said, Action 9 checked the site and didn’t see any notice.

Stoogenke emailed Fathead and got an auto reply saying they’d respond, “within 24-48 hours,” but no one did.

He also found a media contact for the company who answered right away, asking for more information, but didn’t respond to any emails after that.

Federal law, the Credit Card Accountability Responsibility and Disclosure (Credit CARD) Act, says a gift card or voucher can’t expire for at least five years from the date of activation. Obviously, this situation is well beyond that. So -- in cases like this -- you can file a complaint with the state attorney general or -- if it’s worth it to you -- sue in small claims court.

Know two things:

1. Watch out for arbitration clauses. That’s where you give up your right to sue and agree to settle disputes through arbitration, which a neutral party helps resolve the case (similar to mediation).
2. Even if you win, the company may appeal. So just make sure you’re OK with a possibly longer legal fight.

Also -- unrelated to this case -- know this: Companies can’t charge a dormancy fee unless you haven’t used the card for a year and the card clearly spells out the policy about inactivity fees.

Plus, your state may have other laws that apply to gift cards and vouchers.

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