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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47230 Justice Austin IN A CLASS action, plaintiff alleged that the toy seller Toys “R” Us violated General Business Law �349 in its “Geoffrey dollars” reward coupon program. She claimed that consumers returning items purchased with a combination of cash and “Geoffrey dollars” are reimbursed only for the cash spent, not the value of the “Geoffrey dollars.” Defendant Toys “R” Us argued that by not naming the bank that issues Toys “R” Us credit cards, plaintiff sought to avoid an arbitration clause in her credit card agreement. The court ruled that joinder of the bank as a necessary party was not mandatory because plaintiff’s complaint did not address the bank’s operation or application of the rebate program but rather addressed the store’s application of the program. It also found that adding the bank as a party would not make the arbitration agreement binding because the agreement applied only to disputes between the cardholder and the bank.

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