The Daily Item, Sunbury, PA

March 1, 2013

District judge dismisses Macy's makeup lawsuit

By Karen Blackledge
The Daily Item

— DANVILLE — A Danville woman vowed Thursday to continue her fight to get back her money or the makeup she ordered from Macy’s after a district judge dismissed her lawsuit.

“I thought he’d tell them to pay me. I’m going to try to appeal,” Mary Ann Mayer said.

The Vine Street woman sued Macy’s CEO Tom Lundgren because she received a package of baby clothes Dec. 13 and never got the $67 in makeup she ordered. She was seeking to be refunded $67 for her order along with $5,155 for her time and aggravation, which included 10 hours spent during five days on the phone to Macy’s. She said there wasn’t an address to return the baby clothes.

District Judge Marvin Shrawder said Thursday he dismissed the case because she sued the CEO. Mayer was to receive his written ruling in the mail today.

During a hearing Feb. 21, Macy’s attorney Linda Wong said the case should be dismissed because Lundgren had nothing to do with Mayer’s purchase.

“He (Lundgren) runs the company. I’m trying to get the New York papers to pick it up,” she said.

“Who am I supposed to sue? The doors? The windows? He’s the CEO. He takes the money,” she said.

Mayer said Thursday she planned to refile the case in Shrawder’s office. She said she talked to a lawyer about the case and found out it probably would cost her more than $1,000.

“I will pursue it further, absolutely. I don’t have my product, and I don’t have my money,” she said.

According to Shrawder’s office and because the case was dismissed, Mayer would have to refile the case on the district judge level. This time, she said she will sue Macy’s.

Mayer said she felt like she was on trial during the hearing, referring to Macy’s attorney. “She was on trial. He (Shrawder) should have asked her where the product or the money is and why it is so long,” Mayer said.

Wong contended Mayer had returned $200 worth of products from Macy’s in the past.

Mayer said past purchases had nothing to do with the hearing. “He let her talk about purchases made a year ago,” she said.

“They offered to settle it out of court for $500. So how can that be?” she asked.

She refused the $500, telling the department store chain she would accept $2,500, which Macy’s refused.

Mayer said filing fees for the initial case totaled $157.