Laura Maybaum v. Target Corporation
Opinion
Trial Court Opinion
I. BACKGROUND
Plaintiff alleges that Defendant advertised that a consumer could obtain a “FREE $10 Target GiftCard” with a purchase of toys or kids’ books totaling $40 or
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more. Compl. ¶ 10, ECF No. 1-3. Plaintiff alleges that she was charged $10 to obtain the purportedly free gift card. Id. Plaintiff received an advertisement for this gift card in or around November 2020. Id. ¶ 11. Plaintiff allegedly purchased a toy worth $40.49, received a gift card, and then returned the toy, only receiving a refund of $30.49. Id. ¶ 14.
Plaintiff made a purchase online on November 17, 2020 with the in-store gift card she received. Stoops Decl. ¶ 5, ECF No. 15-2. When she made her purchase online, she would have been notified that by placing her order, she agreed to Target’s Terms and Privacy Policy. Cook Decl. ¶¶ 6–7, ECF No. 15-3. The Terms & Conditions Target presented to Plaintiff on November 17, 2020 included an arbitration clause. See Cook Decl. ¶ 9; Terms & Conditions, ECF No.…