Can the new owner of a retail brand renege on a promise of never expiring gift cards?


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SALT LAKE CITY — Bed Bath & Beyond appears to be back from bankruptcy. You might have already received numerous emails from the retailer touting deals for rugs, towels, grills — any number of home goods.

Cindy Soderstrom paid $250 for several gift cards she bought from Bed Bath & Beyond a little over five years ago.

"Right up here it says, 'Never a fee. Never expires,'" she said as she pointed out that verbiage on the back of each of those cards.

"Right after that, my mother became ill," she explained as to why she couldn't use those cards immediately.

Caring for her mom took her to a small town in Wyoming that had few stores of any kind. Not one of those was a big box store like Bed Bath & Beyond.

But no worries, Soderstrom thought, because of the "never expires" guarantee printed on her cards. But now back in Utah, the retailer is refusing to accept her cards.

"They said, 'No, thank you very much. Have a nice day,'" she said. "'Never' means it's not going to stop. This should be good."

Frustrated, she contacted the KSL Investigators.

According to its news releases, the Bed Bath & Beyond brand is not only back, it's now Utah-based. Utah retailer Overstock bought it and rolled it into a company simply called Beyond, Inc. KSL-TV reached out to Beyond multiple times about Soderstrom's experience but did not get a response.

Though on its website, Beyond states, "We are not able to honor gift cards that were issued and unused. Gift card balances from preexisting digital and physical gift cards expired under previous Bed Bath & Beyond ownership."

But can they just not honor gift cards with the explicit promise of never expiring? In a word, yes.

Beyond, Inc. only bought Bed Bath & Beyond's intellectual property — i.e. its brand and name — but it did not take on any of the company's debt. When Bed Bath & Beyond went bankrupt, it ceased to exist. So, Soderstrom and anyone else holding onto their unused gift cards, in legal terms, became an "unsecured creditor."

Bed Bath and Beyond touted its gift cards as never expiring, but the company ceased accepting them.
Bed Bath and Beyond touted its gift cards as never expiring, but the company ceased accepting them. (Photo: Josh Szymanik, KSL-TV)

"Which means they would likely not get paid unless the business liquidated at such an amount that there was extra funds to pay them," explained bankruptcy attorney Reed Allmand, who says he believes unsecured creditors don't have any legal recourse for their unusable gift cards.

"There may be some nonlegal recourse, as far as like taking it to other vendors, seeing if they'll honor it," Allmand suggested.

For Cindy Soderstrom, it's a $250 lesson learned. "Never" doesn't always mean "never."

"Oh, I will definitely be leery now," she said. "My hard-earned money and the words 'never expires' meant something to me."

Other options besides taking the unusable card to a competitor: If your purchase of a gift card to a now defunct store was recent and you used your credit card to pay for it — contact your credit card company to see if they'll refund you.

Also, if you bought the gift card from a third-party seller, contact them to see if they'll let you exchange it for a card to a different store. If all else fails, consider holding onto to the card even though it's technically worthless. It doesn't happen often, but some retailers emerge from bankruptcy willing to accept old gift cards.

Bed Bath & Beyond’s intellectual property was bought by Utah-based, Overstock, which did not buy the defunct chain’s debt.
Bed Bath & Beyond’s intellectual property was bought by Utah-based, Overstock, which did not buy the defunct chain’s debt. (Photo: Josh Szymanik, KSL-TV)

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Matt Gephardt, KSLMatt Gephardt
Matt Gephardt has worked in television news for more than 20 years, and as a reporter since 2010. He is now a consumer investigative reporter for KSL. You can find Matt on X at @KSLmatt or email him at matt@ksl.com.

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