California Law Gift Card Expiration

So, Kim, that`s probably more than you asked for, but there you have it. Unless the certificate meets these exceptions above, it cannot be submitted to an expiration date and your daughter should be able to benefit from your generosity. As always, this article is meant to answer a single limited legal question that relates to something the average person encounters in everyday life. This article is not intended to be a complete discussion of gift card payments in California. For example, some categories of gift cards cannot be paid for their face value (see Section 1749.5(d) of the Civil Code of the CA). If you have a more complicated question that this article or related resources cannot answer, please find a lawyer in your area and discuss your situation with them. However, there is an exception to this general rule for a gift card if: (2) gift cards that are given or sold below their face value with a volume discount to employers or non-profit and not-for-profit organizations for fundraising purposes if the expiry date of such gift cards is not more than 30 days after the date of sale. (a) It is illegal for a person or entity to sell a gift card to a buyer that contains: Well, here is a little-known secret about gift certificates. Don`t tell anyone and certainly don`t let merchants know that I tipped you, but gift cards purchased for California businesses don`t expire.

Article 1749.5 of the Civil Code. California is one of the few states to regulate the expiration date. Finally, the Gift Voucher represents a value held in trust by the issuer of the Gift Voucher in the name of the beneficiary of the Gift Voucher and not in the name of the Issuer, and therefore a bankrupt Issuer must continue to exchange a Gift Voucher issued before the date of the bankruptcy application on the grounds that the value of the Gift Voucher constitutes a fiduciary patrimony of the Beneficiary; However, in the event of bankruptcy, this provision does not require the issuer of a gift certificate to exchange a gift certificate for cash, to replace a lost or stolen gift certificate or to maintain a separate account for the funds. In the case of a gift card, ask the seller if a value can be added to the card or if it can be “reloaded”. Also ask for a service or rest fee. (b) (1) Everyone after 1. The Gift Voucher sold in January 1997 may be exchanged in cash for its current value or subject to being replaced by a new Gift Voucher at no cost to the Buyer or the Holder. Use the remaining value of a gift card or gift card. If a gift card or gift card has a low balance, make a purchase with it and pay the difference out of pocket. Section 1749.45(a) of the HQ Civil Code defines the term “gift card” as it includes gift cards, as I believe most people would normally interpret the term (i.e., a card that can be issued and used by a single merchant or retailer). However, the definition of “gift card” in paragraph 1749.45(a) excludes these gift cards, which “may be used with more than one seller of goods or services,” provided that an applicable expiry date is printed on the card.

I rarely use gift cards, so these multi-seller cards didn`t ring. Of course, the next time I go to the supermarket, what do I see other than this: (g) The amendments made to this section by the law that adds this subdivision only apply to gift cards issued on or after January 1, 2004. There are three narrow exceptions for gift cards purchased for use in California — where the coupon can include an expiration date of at least 30 days. A gift card given for fundraising may include an expiration date. (2) Notwithstanding subsection (1), a gift certificate with a monetary value of less than ten dollars ($10) may be redeemed in cash for its current value. A simpler, but equally important, point is that gift cards may generally not be subject to an expiration date and service fees associated with non-use. It`s not hard to imagine getting or buying a gift card, but not using it for months or even years. Gift card buyers and holders can rest assured that this gift card will be ready to use at all times. That being said, it`s important to note that gift cards may include an expiration date in certain circumstances. If this is the case, the card must contain the expiration date in capital letters in a font of at least 10 points on the front of the card.

This allows consumers to stay up to date and use their gift cards accordingly. Learn about the seller`s exchange policies. If the recipient can exchange the gift card or gift card only for goods or for a specific type or class of goods, does this affect your decision to purchase or give away the voucher or card? Notwithstanding any directive of the Seller, from 1. In January 2008, a gift card with a monetary value of less than ten dollars ($10) in cash (no new vouchers or merchandise) will be exchanged for its current value.21 Cash for the purposes of this section includes currency or cheque.22 If a seller accepts funds for a gift card from one or more contributors as a gift to another person (the “Recipient”), The Seller must provide each Contributor with a full refund of the amount paid for the Certificate if the Time when the Beneficiary can exchange the money by purchasing a Gift Card is clearly communicated in writing to the Contributors and the Recipient and the Recipient does not exchange the money at the time of disclosure.23 Q.1. Are a “gift card” and a “gift card” the same thing? A. Yes. However, the Terms exclude a Gift Card that can be used with multiple unaffiliated sellers of goods or services (p. e.g., a Card that can be used in all or certain stores in a particular shopping centre)6 provided that the expiry date, if any, is printed on the Card.7 The rules described in this Legal Guide also do not apply to prepaid telephone cards; issued only to provide an access number and authorization code.

For prepaid calling services.8 Keep these laws simple but important in mind the next time you think about buying a gift card. Have fun shopping! An unconnected card seller with multiple sellers with no expiration date – many of which are sold by banks such as prepaid debit cards – may consider that these cards are not included in the definition of “gift card” and that, therefore, service fees or dormancy fees may be charged without being disclosed. When purchasing “cards not connected with multiple sellers”, buyers should ensure that any questions about the terms of these cards have not been answered and carefully ask for their terms before purchasing. Therefore, it seems that a person who receives the gift card as a gift may have a period within which they can exchange the card for cash as long as the person who purchased the card can still do so, and the certificate indicates this. California Civil Code Section 1749.5 contains most of the Gift Card and Gift Card Act. Section 1749.5 makes it illegal to sell a gift card that contains an expiry date. Similarly, it prohibits service fees, including all fees for the rest period (unless it has been inactive for more than 24 months, the fee is clearly indicated in 10 points on the card, the fee does not exceed $1 per month, and the remaining value of the card is $5 or less each time, if fees are charged). Q.4. Can the holder of a gift certificate or gift card exchange it for cash? One.

It depends on the seller`s policy. The Gift Certificate Act states that a seller must issue either a gift certificate or a gift card issued after the 1st. January 1997, exchange it for its current value or replace it with a new voucher or card for free.18 However, the California Legislative Counsel has concluded that a seller is not required to exchange a gift card for cash at the request of a consumer.19 In this way, some gift card sellers exchange the gift card for cash or a combination of goods and cash. while others issue a new voucher for the remaining balance after redeeming the original voucher. A gift card or gift card with no expiration date is valid until it is redeemed or replaced.20 In the case of a gift card, ask the seller if the recipient can add value or “reload” the card. Learn about the seller`s exchange policies. Some merchants may exchange the gift card for cash or a combination of goods and cash, while others may issue a new voucher for the remaining balance after the original certificate has been exchanged. FAQ Answer Page-Q: What are my expiration and refund rights for gift cards? You want to give a gift to a friend, but your friend “has it all” or you don`t know what to give. In the case of a gift card that can be used with multiple unaffiliated sellers, inquire about the expiration date and applicable fees. Also find out where the unspent portion of the value can be redeemed and how that amount can be redeemed. This is also important for “single-seller” cards, many of which can be purchased in an unconnected location.27 Gift cards and gift cards are subject to the by-laws that set out these basic rules:2 (1) Gift cards distributed by the issuer to a consumer as part of a rewards, loyalty or promotion program without giving money or other valuables in exchange for the gift card through the consumer. 112 Code of Federal Regulations, section 205.20.

2Articles 1749.45-1749.6 of the California Civil Code. 3Article 1749.5 (a) of the California Civil Code. 4Article 1749.5 (b) of the California Civil Code. 5Article 1749.51 of the California Civil Code. 6Article 1749.45 of the California Civil Code (a). 7Article 1749.45 (a) of the California Civil Code. 8Article 1749.45 (b) of the California Civil Code. Section 17538.9 of the California Business and Professions Code authorizes certain fees and practices regarding prepaid calling cards.