Legal Question in Consumer Law in Louisiana

Last year my sister purchased a gift certificate at a Bed & Breakfast for my birthday that expires Dec 2010. When I called, recently, to make a reservation the new oner said it was sold to her. The name has not changed or services. She said she knew nothing about the gift certificate, but would contact the old owner. I called her again and she was upset and said there were many certificates that she sould not pay. But she offered me to come in January. I asked her to put it in writing and she said no and that her word would have to do. She also said she's thinking about selling. How can I get my money back?


Asked on 9/15/10, 9:21 pm

2 Answers from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

You should contact the original owner and attempt to get the money from her. If it was paid by credit card, contact the credit card company and tell them you want to dispute this bill. You will probably have to document as much as you can. The only other possibility is a suing the company, but it will probably cost more than you paid out.

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Answered on 9/21/10, 5:25 am
Adam Lambert The Law Office of Adam S. Lambert

I disagree totally. There is no reason you need to track down the old owner. The business is still operating under the same name and the new owner is legally bound to honor the gift cards sold by that business. If she fails to do so, you should report her to the Louisiana Attorney General, who will investigate and see that you are reimbursed (and the business fined for refusing to comply with LA's gift card laws). There is absolutely no duty on you to track down the previous owner of the company, nor do I think the previous owner owes you anything. The previous owner sold the business, including all assets and liabilities. The PRESENT owner is on the hook to you.

By the way, you can read up a little on some of the gift card laws here: http://www.treasury.state.la.us/Lists/SiteArticlesByCat/DispForm_Single.aspx?List=c023d63e-ac65-439d-af97-da71d8688dff&ID=59

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Answered on 9/22/10, 10:00 am


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