44-7402

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.