44-7402. Gift card fees; expiration date; disclosure; exceptions; civil penalty
A. Any gift card subject to an expiration date or a fee, or both, shall clearly and conspicuously disclose the following:
1. The expiration date.
2. The amount of the fee and when the fee is incurred.
B. The disclosure required in subsection A of this section shall be clearly visible to a consumer before the purchase is made. In the case of a paper gift certificate, the information in subsection A of this section shall be disclosed on the front of the gift certificate.
C. For a gift card purchase via electronic or computer means, the existence of an expiration date and the amount of the fee and when the fee is incurred shall be conspicuously disclosed to the consumer before the purchase via the means used to purchase the gift card. For a gift card purchase via telephonic means, the existence of an expiration date and the amount of the fee and when the fee is incurred shall be disclosed verbally to the consumer before the purchase.
D. This section does not apply to any of the following:
1. A gift card distributed to a consumer pursuant to an awards, loyalty or promotional program when no money or other thing of value has been given by the consumer in exchange for the gift card.
2. A gift card that is sold below face value to a nonprofit or charitable organization or donated to a nonprofit or charitable organization for fund raising purposes.
3. A card for prepaid telecommunication services, A debit card connected to a person's bank account or an electronic funds transfer card.
E. Notwithstanding title 44, chapter 10, article 7, the sole penalty for a violation of this section shall be a civil penalty of not more than five hundred dollars per card violation.
Section: Previous 44-7203 44-7204 44-7301 44-7302 44-7303 44-7304 44-7401 44-7402 44-7501 44-7601 44-7701 44-7801 44-7802 44-7803 44-7804 NextLast modified: October 13, 2016