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Visa Sued Over 'Vanilla' Gift Card Fraud, Consumers Face 'Card Draining' Nightmare

Visa allegedly failed to implement necessary security features on their Vanilla cards.
PUBLISHED JAN 31, 2024
Cover Image Source: Payment Terminal | Pexels | Photo by energepic.com
Cover Image Source: Payment Terminal | Pexels | Photo by energepic.com

Visa, a prominent player in the card payments network, is facing legal action over allegations of not protecting its Vanilla prepaid gift cards from a fraud scheme known as "card draining." This lawsuit, filed in White Plains, New York, highlights a growing concern over the security vulnerabilities of prepaid gift cards, which have become increasingly popular among consumers for their convenience and as gift options.

SAN FRANCISCO - FEBRUARY 25: Visa credit cards are arranged on a desk February 25, 2008 in San Francisco, California. Visa Inc. is hoping that its initial public offering could raise up to $19 billion and becoming the largest IPO in U.S. history. (Photo Illustration by Justin Sullivan/Getty Images)
Visa credit cards are arranged on a desk
(Photo Illustration by Justin Sullivan/Getty Images)

The class action, led by Ira Schuman of Scarsdale, New York, alleges that Visa, along with two card issuers, failed to implement necessary security features on their Vanilla gift cards. Schuman, who purchased eight $500 Vanilla cards for his employees during the holidays in 2022 and 2023, discovered that the funds on these cards had been illicitly drained. The complaint argues that the cards, available at major retailers like CVS, Target, and Walgreens, are packaged in a way that makes them easy targets for tampering by thieves.

The scammers reportedly access card information and await the activation of these cards to siphon off the funds. According to the lawsuit, the process of card draining involves thieves delicately opening the thin cardboard sleeves of these gift cards, recording the account details, and then resealing them without noticeable tampering. They monitor the card's activation via the Vanilla gift website and use the stolen information to make unauthorized purchases.

The Visa logo | Getty Images | Photo by Matt Cardy
Image Source: The Visa logo | Getty Images | Photo by Matt Cardy

As of the lawsuit's filing, Visa and the other defendants, including Incomm Financial Services and Pathward Financial, had not responded to requests for comment. Interestingly, a similar lawsuit was filed by San Francisco City Attorney David Chiu in November against Incomm and Pathward, but Visa was not named as a defendant in that case.

The lawsuit accuses the defendants of breaching a New York state law against deceptive and unfair consumer practices. It seeks both compensatory and punitive damages for individuals who purchased Visa-branded Vanilla cards in New York since January 30, 2021, and subsequently had their funds drained. This legal action emphasizes the need for enhanced security measures in the prepaid card industry and raises questions about the responsibility of card issuers and networks in protecting consumers from such fraud.

SAN FRANCISCO - FEBRUARY 25: People walk by a window sticker advertising Visa and MasterCard credit cards February 25, 2008 in San Francisco, California. Visa Inc. is hoping that its initial public offering could raise up to $19 billion and becoming the largest IPO in U.S. history. (Photo by Justin Sullivan/Getty Images)
People walk by a window sticker advertising Visa and MasterCard credit cards (Photo by Justin Sullivan/Getty Images)

This case is not just about financial loss; it's a matter of consumer trust in payment systems and the accountability of corporations like Visa in safeguarding their products. As prepaid gift cards continue to grow in popularity, the security surrounding them becomes paramount. This lawsuit could potentially lead to stricter regulations and improved security measures in the prepaid card market, ensuring better protection for consumers against such fraudulent activities.

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