State Gift Card Consumer Protection Laws*
Arkansas:
- No expiration date within the first two years.
- No fees for two years. Any fees after two year period must be printed clearly on front
- or back of card in at least 10 point font.
- Covers gift cards useable at single store or chain.
- Does not cover cards linked to bank accounts usable with multiple unaffiliated merchants or prepaid calling cards.
California:
- No expiration dates and no fees, with one exception.
- Permits a $1 per month fee only when the card has a balance of $5 or less, the card has been unused for 24 months, and the card is reloadable.
- Covers gift cards at a single store or chain. Multiple-use gift cards are not covered.
Connecticut:
- No expiration dates.
- No fees.
Florida:
- No expiration dates.
- No fees.
- Does not cover cards linked to bank accounts usable with multiple unaffiliated merchants.
Hawaii:
- No expiration for two years.
- No fees.
- Covers any electronic card with a banked dollar value.
Iowa:
- No fees unless there is a contract.
Kansas:
- No expiration for five years.
- No fees for one year.
- Does not cover prepaid bank cards.
Kentucky:
- No expiration within first year.
- No fees.
- Does not include prepaid calling cards or cards linked to bank accounts usable with multiple unaffiliated merchants or ATMs.
Louisiana:
- No expiration dates for five years.
- No service fees, except for a one-time handling fee of $1.
- Covers cards issued to be redeemed in goods or services provided by the card seller.
Maine:
- No expiration dates.
- No fees except for transaction fee for initial issuance or for adding value to existing card which must be disclosed in separate writing before purchase.
- Does not cover prefunded bank cards.
Maryland:
- No expiration dates for four years.
- No fees for four years.
- Any terms and conditions must be printed clearly in 10 point type on the card, on a sticker affixed to the card or in an envelope containing the card.
- Does not cover prepaid calling cards or prepaid bank cards.
Massachusetts:
- No expiration dates for 7 years.
Minnesota:
- No expiration dates.
- No fees.
- Does not include debit cards or other legal access devices used to access a deposit account, prepaid calling cards, cards linked to bank accounts usable with multiple unaffiliated merchants.
Montana:
- No expiration dates.
- No fees.
- If original value of gift card was more than $5, and remaining value is less than $5, can redeem for cash.
- Does not cover prepaid telecommunications or technology cards or gift certificates usable with multiple sellers.
Nevada:
- Expiration or fees allowed only if properly disclosed.
- No fees within first year and no fees that exceed $1 per month.
- Covers only single retailers.
- Does not cover prepaid telecommunications or technology cards.
New Hampshire:
- No expiration for cards of $100 or less.
- No expiration earlier than date funds escheat to state for cards over $100.
- No fees.
New Jersey:
- No expiration for two years.
- No dormancy fee for two years from date of sale or two years from most recent activity or transaction.
- No dormancy fee can be more than $2.
- Expiration date and/or dormancy fee must be printed on card, package or sales receipt and include a toll free number to call for information.
- Does not include prepaid calling or technology card, or prepaid bank cards.
New Mexico:
- No expiration for five years.
- No fees.
- Covers cards with single retailer or affiliated merchants.
- Does not cover prepaid calling cards or cards associated with a deposit, checking, savings or similar account at a bank for debiting such account.
New York:
- Expiration or fees, or other terms and conditions to be clearly and conspicuously stated on the card, package, or accompanying printed document with toll free number.
- No dormancy fee before 13th month of inactivity.
- Covers cards with single retailer or affiliated merchants.
- Does not cover prepaid calling cards, flexible spending cards, and cards linked to bank accounts.
North Carolina:
- Fees to be conspicuously disclosed on card at time of purchase.
- No fees for first year.
- Covers prepaid calling cards.
- Does not cover bank cards usable at multiple unaffiliated merchants.
North Dakota:
- No expiration for six years.
- No fees.
- Covers prepaid calling cards.
- Does not cover cards useable at multiple, unaffiliated merchants or cards linked to bank accounts.
Ohio:
- No expiration for two years
- No fees for two years.
- Does not cover prepaid calling cards or cards usable with multiple unaffiliated merchants.
Oklahoma:
- No expiration and no fees for five years, with one exception.
- Permits a $1 per month fee only when the card has a balance of $5 or less, the card has been unused for 24 months, the card is reloadable and the fee is properly disclosed.
- Covers cards with single retailer or affiliated merchants.
- Does not cover prepaid calling cards or any prepaid service.
Pennsylvania:
- Expires after 2 years if unredeemed or after 5 years from date of purchase if no redemption period specified.
- Covers cards with single retailer or affiliated merchants.
- “Qualified gift certificates” do not expire and do not have fees.
- Does not cover flexible spending accounts or bank cards usable with multiple affiliated merchants or ATMs.
Rhode Island:
- No expiration dates.
- No fees.
- Covers prepaid long distance telephone service cards.
- Does not cover prepaid wireless telephone service cards.
South Carolina:
- No expiration dates for first year, unless expiration date is on front of card in capitalized letters in 10 point font.
- Fees permitted but must be disclosed on certificate, envelope, covering or receipt.
Tennessee:
- No expiration dates for two years.
- No fees for two years.
- Does not cover prepaid calling cards or cards usable with multiple, unaffiliated merchants.
Texas:
- No fees for first year.
- Expiration or fees and other terms must be clearly and conspicuously disclosed at time of purchase. The expiration date and fees must be legibly printed on the card.
- Does not cover prepaid calling cars or stored value cards issued by a federally insured financial institution.
Vermont:
- No fees for three years.
- No fees, except a licensed money transmitter, financial institution or credit union may charge a one-time issuance fee of either $10 or 10%, whichever is smaller.
- Does not cover access device such as a debit card or other access means to a consumer’s account regularly maintained at a bank to access funds or to initiate an electronic funds transfer from the account.
Washington:
- Permits a $1 per month fee only when the card has a balance of $5 or less, the card has been unused for 24 months, the card is reloadable, and is disclosed on card in at least 6 point font.
- Covers gift cards at a single store or chain.
- Does not cover multiple-use gift cards, or cards usable with multiple unaffiliated merchants.
Disclosures Only:
Arizona:
- Expiration and fees allowed only if they are made clearly visible to consumer before purchase.
- Covers all cards except prepaid calling cards, debit cards linked to bank accounts or electronic funds transfer cards.
Georgia:
- Expiration and fees allowed only if they are conspicuously printed on the card or have a sticker affixed to the card at the time of purchase.
- Covers general use gift cards, gift certificates or store gift cards.
Illinois:
- Discourages expiration dates and service fees by exempting funds for cards without expiration and fees from escheat.
Nebraska:
- Expiration or fees allowed only when statement appears on front or back of card or in location visible to purchaser at the time of purchase.
Utah:
- Expiration and fees must be printed in readable manner on instrument, packaging or record.
Virginia:
- Expiration or fees must be clearly and permanently imprinted on card with a telephone number or Internet address to obtain information.
*This is a summary of key features of many state gift card laws. Consumers Union does not give legal advice. Please consult the laws of your state for more information.
Prepared by:
Consumers Union Financial Services Team
Consumers Union of U.S., Inc.
West Coast Office
1535 Mission Street
San Francisco, CA 94103
Updated: September 14, 2007
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