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.