A new class action lawsuit has been filed against a major trading card company, alleging deceptive marketing practices that have left consumers feeling duped. On January 30, 2026, Kirk Cahill filed a complaint in the United States District Court for the Eastern District of New York against The Topps Company, Inc., accusing them of misleading consumers with false advertising related to their 2025-26 Topps Chrome Basketball Mega Box.
The lawsuit centers around claims that Topps falsely advertised the inclusion of "Chase Exclusive Blue X-Fractors" on the packaging of their product. These cards are considered rare and valuable due to their limited production and serial numbering, which significantly increases their market value among collectors. However, it was later revealed that no such cards were included in the product. This admission came after many consumers had already purchased the boxes at a premium price based on these false representations. In an email sent to purchasers and a public statement on social media, Topps attributed this misrepresentation to a printing error but failed to offer any refunds or compensation to affected customers.
Plaintiff Kirk Cahill argues that he and other class members paid more for the product than it was worth due to the nonexistent chase feature. He asserts that this deceptive practice violates New York General Business Law Sections 349 and 350, which prohibit deceptive acts and false advertising in business practices. The complaint highlights how these misleading claims induced consumers to purchase the product under false pretenses, ultimately depriving them of the benefit they expected from their purchase.
Cahill is seeking monetary damages, restitution, statutory damages for each transaction affected by this alleged deception, as well as attorneys' fees and costs associated with bringing this action forward. He aims to represent all similarly affected consumers in New York who purchased the product during the specified period.
Representing Cahill is attorney Philip J. Furia from Furia Law LLC based in New York City. The case is being overseen by Judge Kiyo A. Matsumoto under Case ID 1:26-cv-00540-KAM-VMS.
Source: 126cv00540_Cahill_v_The_Topps_Company_Inc_Complaint_Eastern_District_New_York.pdf