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Old 06-28-2007, 06:51:45 PM   #1 (permalink)
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READ ME Which States Have Gift Card or Gift Certificate Expiration/Dormancy Fee Laws?

Several states have passed legislation which prevents a retailer from capturing your GC balance, or charging dormancy fees against the card if they are not used within a certain amount of time.

States that have laws on the books to protect consumers:

Alabama - no laws on the books

Alaska - no laws on the books

Arizona - Exp. date and fees must be disclosed

Arkansas - No law on the books (that I could find anyway)

California - No exp. date, dormancy fee when the card is under $5 can be imposed

Colorado - No laws on the books

Connecticut - No exp. date, no dormancy fees

Delaware - No laws on the books

District of Columbia - No laws on the books

Florida - legislation pending

Georgia - Exp. date and fees must be clearly labeled or conspicuous so the buyer can make an informed decision

Hawaii - For exp date to be valid, must be clearly labeled, have at least 2 years to use. Otherwise, if not indicated, the GC is valid forever.

Idaho - No law on the books

Illinois - law states that exp. date and fees have to be clearly stated on the card in order for them to be valid, or provide a toll-free number to check balances.

Indiana - no law on the books (that I could find anyway)

Iowa - card can expire, however, they can't charge dormancy fees without a written contract (so watch what you sign!)

Kansas - Has at least 5 years from date of purchase to redeem. If no exp. date on the card, then indefinite time to redeem or replace. Dormancy fees can be assessed after 12 months.

Kentucky - Can expire one year after issue IF the date is clearly marked on the GC. Otherwise, indefinite time to redeem or replace. Fees cannot be assessed if they reduce the card's value before the expiration as noted above.

Louisiana - Cards have to have at least five years to expire and date must be clearly noted. No date means the card is valid until redeemed or replaced. Dormancy fees are prohibited. Can charge a one-time use fee.

Maine - No exp. date, dormancy fees have to be stated on the card

Maryland - Four years until it can expire - then the exp. date has to be disclosed. Dormancy fees are the same.

Massachusetts - 7 years to redeem, and can redeem the last 10% of the card for cash. No laws on the books for dormancy fees.

Michigan - No laws on the books

Minnesota - No laws on the books

Mississippi - No laws on the books

Missouri - No laws on the books

Montana - No exp. dates and no dormancy fees

Nebraska - Can expire, but has to be clearly disclosed - doesn't include pre-paid cards (phone type), dormancy fees can be charged but have to be printed on the card directly (also excluded pre-paid cards)

Nevada - Exp. dates needs to be clearly disclosed and/or provide 800# or internet address to check on card. Fees have to be disclosed, cannot be more than $1 a month and they can't start charging until after the 12th month

New Hampshire - GC less than $100 can't expire and no dormancy fees

New Jersey - Can't exp. for at least two years and date must be disclosed. Can't charge fees for 2 years and limited to $2 per month

New Mexico - No laws on the books (that I can find anyway)

New York - Exp. date must be clearly disclosed. Fees must be clearly disclosed and cannot be assessed until the 13th month

North Carolina - No laws on the books

North Dakota - Six years to use the card, no dormancy fees can be assessed

Ohio - Gift cards have at least two years to expire, and can if the exp. date is clearly placed on the GC. Dormancy fees are prohibited in the first 24 months after issuance.

Oklahoma - Have 5 years to redeem your card if the exp. date after the 5th year is clearly stated. Dormancy fees are prohibited.

Oregon - "PENDING GOV. SIGNATURE" No exp.date, no fees for
most cards with a few loopholes for others.

Pennsylvania - no exp. date

Rhode Island - no exp. date, dormancy fees prohibited

South Carolina - can expire after one year, and exp. date needs to be disclosed. Fees are prohibited unless disclosed in advance.

South Dakota - no laws on the books

Tennessee - Have two years minimum for the card to expire, and exp. date must be clearly disclosed. Fees can be assessed after the 24th month

Texas - Exp. date must be disclosed. Fees can be assessed if disclosed including handling and replacement fees. Dormancy fees cannot be assessed until after the 12th month from issue, and must be reasonable.

Utah - No laws on the books

Vermont - Card cannot expire for three years, no dormancy fees

Virginia - Must be disclosed or provide valid 800# or internet address to keep track of the card. Dormancy fees that decrease card value must be disclosed and provide an 800# or internet address to track card.

Washington - no exp. date (expect for charitable type GCs), no dormancy fees, GC holder can cash out at $5 or less remaining balance. Can assess fees on balances under $5.

West Virginia - no laws on the books

Wisconsin - no laws on the books

Wyoming - no laws on the books



Please note that some of these states that don't currently have laws on the books have legislation pending, and that there is more detailed information about Gift Card/Certificate laws on your state's government pages, usually to be found housed in your state Attorney General's office, or Dept. of Consumer Affairs if your state has one.

Additionally noteworthy, if your GC does expire, in most states, the state can claim the GC balance as unclaimed property. You can go to your state's unclaimed property office (which you can find by looking up at www.unclaimed.org) and if you have the card in hand, go to the state to see if they have claimed the balance from the retailer or service provider from whom the card was purchased.

Know your state laws, and don't get hosed buying, selling, or trading GCs. This thread is meant to provide an overview of your state's laws, and might not have included the nit-noid details of your state's laws. Individual circumstances might apply to your situation with redemption of GCs. We will update this thread as new information can be researched or comes available with passage of new or revised state statutes.
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Old 06-28-2007, 06:56:20 PM   #2 (permalink)
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Default Re: Which States Have GC Expiration/Dormancy Fee Laws?

Thanks for all the hard work. Very informative!
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Old 06-28-2007, 06:59:16 PM   #3 (permalink)
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Default Re: Which States Have GC Expiration/Dormancy Fee Laws?

Originally Posted by youpdwhat View Post
Thanks for all the hard work. Very informative!
Oregon has new legislation pending and the Florida thread got me thinking that we should provide this information to our members. State by state doing a search, there's bits of infomation, but nothing concisely compiled that I could find, so this was my morning project today! Besides, I love legal stuff!
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Old 06-29-2007, 04:36:01 PM   #4 (permalink)
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Default Re: Which States Have GC Expiration/Dormancy Fee Laws?

I never use GC because of this. I would rather just give them the money and know that they got it.
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Old 06-29-2007, 06:29:49 PM   #5 (permalink)
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Default Re: Which States Have GC Expiration/Dormancy Fee Laws?

Update for NC... effective Oct.1 07
http://www.ncga.state.nc.us/Sessions...DF/S1517v0.pdf
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Old 06-29-2007, 06:43:03 PM   #6 (permalink)
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Default Re: Which States Have GC Expiration/Dormancy Fee Laws?

Originally Posted by BzyBee View Post
Update for NC... effective Oct.1 07

http://www.ncga.state.nc.us/Sessions...DF/S1517v0.pdf
Link didn't work for me!! ACKK!!!

What were the highlights so we can add them?
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Old 06-29-2007, 07:24:20 PM   #7 (permalink)
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Default Re: Which States Have Gift Card or Gift Certificate Expiration/Dormancy Fee Laws?

Fixed the link.

The act prohibits issuers of GC's from charging any type of maintenance fees.
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Old 07-08-2007, 06:49:38 PM   #8 (permalink)
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Default Re: Which States Have Gift Card or Gift Certificate Expiration/Dormancy Fee Laws?

If someone from NY will come to PA with the expired GC, the retailer has to take this card?
The law applies to the geographical point where GC was bought or where it will be redeemed?
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Old 01-02-2008, 06:16:51 PM   #9 (permalink)
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Default Re: Which States Have Gift Card or Gift Certificate Expiration/Dormancy Fee Laws?

Bumping for after Christmas since many of us got GCs, or have ones we need to get used up!
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