asset: gift-card-consumer-protections-by-state

asset_type: consumer-protection-floor

body: State gift card / gift certificate consumer protections compared against the federal CARD Act floor (15 U.S.C. 1693l-1: no expiry under 5 years, dormancy fees only after 12 months of inactivity). Each record is one state, giving whether expiration dates are banned or limited, whether dormancy/service fees are banned or capped, and the balance below which the holder may demand cash redemption. Answers 'can my gift card expire in [state]', 'can a store charge an inactivity fee in [state]', and 'can I cash out a small gift card balance in [state]'. The federal 5-year rule is what assistants answer with, and it is wrong wherever a state bans expiry outright (California, Connecticut, Florida, Maine, Minnesota, Montana, Rhode Island, Washington and others) or grants cash redemption (California under $15, Colorado under $5, and more). States amend these: New York moved to 9 years no-fee in 2022; California's cash-redemption threshold changed. Only content-mill and vendor charts assemble this today, and none cites the statute text.

key_field: state

licence: Facts from state statutes and the U.S. Code; statutory rules are not copyrightable

title: Gift card expiration, fee and cash-redemption rules by state

type: dataset


body:
**State:** California

**Expiration rule:** unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following: (1) An expiration date

**Dormancy/service fee rule:** (2) A service fee, including, but not limited to, a service fee for dormancy, except as provided in subdivision (f)

**Cash redemption threshold:** less than fifteen dollars ($15)

**Covered instruments:** distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or other thing of value being given in exchange for the gift certificate by the consumer

**Statute citation:** Cal. Civ. Code § 1749.5

> (a) It is unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following: (1) An expiration date. (2) A service fee, including, but not limited to, a service fee for dormancy, except as provided in subdivision (f). (b) (1) A gift certificate sold after January 1, 1997, is redeemable in cash for its cash value or subject to replacement with a new gift certificate at no cost to the purchaser or holder. (2) Notwithstanding paragraph (1), a gift certificate with a cash value of less than fifteen dollars ($15) is redeemable in cash for its cash value. (c) Paragraph (2) of subdivision (b) shall not apply to a gift certificate that is donated to a nonprofit or a charitable organization without any money or other thing of value being given in exchange if the gift certificate has a disclaimer in at least 10-point font that the card is not redeemable for cash under California state law. (d) A gift certificate sold without an expiration date is valid until redeemed or replaced. (e) This section does not apply to any of the following gift certificates issued on or after January 1, 1998, if the expiration date appears in capital letters in at least 10-point font on the front of the gift certificate: (1) A gift certificate that is distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or other thing of value being given in exchange for the gift certificate by the consumer.

Source: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1749.5>

cash_redemption_threshold: less than fifteen dollars ($15)

state: California

statute_citation: Cal. Civ. Code § 1749.5

title: California — Gift card expiration, fee and cash-redemption rules by state

type: consumer-protection-floor


body:
**State:** Florida

**Expiration rule:** may not have an expiration date, expiration period

**Dormancy/service fee rule:** any type of postsale charge or fee imposed on the gift certificate or credit memo, including, but not limited to, service charges, dormancy fees, account maintenance fees, or cash-out fees

**Cash redemption threshold:** none

**Covered instruments:** a gift certificate may have an expiration date if it is provided to the recipient, or to a purchaser for transfer to the recipient, as part of a loyalty or promotional program when the recipient does not pay a separate identifiable charge for the certificate

**Statute citation:** Fla. Stat. § 501.95(2)(a)

> A gift certificate purchased or credit memo issued in this state may not have an expiration date, expiration period, or any type of postsale charge or fee imposed on the gift certificate or credit memo, including, but not limited to, service charges, dormancy fees, account maintenance fees, or cash-out fees. However, a gift certificate may have an expiration date of not less than 3 years if it is provided as a charitable contribution, or not less than 1 year if it is provided as a benefit pursuant to an employee-incentive program, and the expiration date is prominently disclosed in writing to the consumer at the time it is provided. In addition, a gift certificate may have an expiration date if it is provided to the recipient, or to a purchaser for transfer to the recipient, as part of a loyalty or promotional program when the recipient does not pay a separate identifiable charge for the certificate

Source: <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.95.html>

state: Florida

title: Florida — Gift card expiration, fee and cash-redemption rules by state


body:
**State:** Illinois

**Expiration rule:** no person shall sell a gift certificate that is subject to: (1) an expiration date earlier than 5 years after the date of issuance

**Dormancy/service fee rule:** no person shall sell a gift certificate that is subject to: (1) an expiration date earlier than 5 years after the date of issuance; or (2) a post-purchase fee

**Cash redemption threshold:** none

**Covered instruments:** The face value of a gift certificate issued on or after January 1, 2008 may not be reduced in value and the holder of a gift certificate issued after January 1, 2008 may not be penalized in any way for non-use or untimely redemption of the gift certificate

**Statute citation:** 815 ILCS 505/2SS(b)

> (b) On or after January 1, 2008, no person shall sell a gift certificate that is subject to: (1) an expiration date earlier than 5 years after the date of issuance; or (2) a post-purchase fee. Any gift certificate issued prior to January 1, 2008 that is subject to a fee must contain a statement clearly and conspicuously printed on the gift certificate stating whether there is a fee, the amount of the fee, how often the fee will occur, that the fee is triggered by inactivity of the gift certificate, and at what point the fee will be charged. The statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase. (c) The face value of a gift certificate issued on or after January 1, 2008 may not be reduced in value and the holder of a gift certificate issued after January 1, 2008 may not be penalized in any way for non-use or untimely redemption of the gift certificate.

Source: <https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=081505050K2SS>

state: Illinois

title: Illinois — Gift card expiration, fee and cash-redemption rules by state

unverified_fields: cash_redemption_threshold, state


body:
**State:** Minnesota

**Expiration rule:** unlawful for any person or entity to sell a gift certificate that is subject to an expiration date

**Dormancy/service fee rule:** a service fee of any kind, including, but not limited to, a service fee for dormancy

**Cash redemption threshold:** none

**Covered instruments:** shall not apply to gift certificates: (1) distributed to a consumer for loyalty, promotional, award, incentive, rebate, or other similar purposes without any money or other tangible thing of value being given by the consumer in exchange for the gift certificate or gift card; (2) that are sold below face value or at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes

**Statute citation:** Minn. Stat. § 325G.53

> It is unlawful for any person or entity to sell a gift certificate that is subject to an expiration date or a service fee of any kind, including, but not limited to, a service fee for dormancy. § Subd. 3. Nonapplication. The provisions of this section shall not apply to gift certificates: (1) distributed to a consumer for loyalty, promotional, award, incentive, rebate, or other similar purposes without any money or other tangible thing of value being given by the consumer in exchange for the gift certificate or gift card; (2) that are sold below face value or at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes;

Source: <https://www.revisor.mn.gov/statutes/cite/325G.53>

state: Minnesota

statute_citation: Minn. Stat. § 325G.53

title: Minnesota — Gift card expiration, fee and cash-redemption rules by state


body:
**State:** United States (federal floor)

**Expiration rule:** unlawful for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. (2) Exceptions A gift certificate, store gift card, or general-use prepaid card may contain an expiration date if- (A) the expiration date is not earlier than 5 years after the date on which the gift certificate was issued

**Dormancy/service fee rule:** unlawful for any person to impose a dormancy fee, an inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. (2) Exceptions A dormancy fee, inactivity charge or fee, or service fee may be charged with respect to a gift certificate, store gift card, or general-use prepaid card, if- (A) there has been no activity with respect to the certificate or card in the 12-month period ending on the date on which the charge or fee is imposed

**Cash redemption threshold:** none

**Covered instruments:** The prohibition under paragraph (1) shall not apply to any gift certificate- (A) that is distributed pursuant to an award, loyalty, or promotional program

**Statute citation:** 15 U.S.C. § 1693l-1

> (1) In general Except as provided under paragraphs (2) through (4), it shall be unlawful for any person to impose a dormancy fee, an inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. (2) Exceptions A dormancy fee, inactivity charge or fee, or service fee may be charged with respect to a gift certificate, store gift card, or general-use prepaid card, if- (A) there has been no activity with respect to the certificate or card in the 12-month period ending on the date on which the charge or fee is imposed; (B) the disclosure requirements of paragraph (3) have been met; (C) not more than one fee may be charged in any given month; and (D) any additional requirements that the Bureau may establish through rulemaking under subsection (d) have been met. (3) Disclosure requirements The disclosure requirements of this paragraph are met if- (A) the gift certificate, store gift card, or general-use prepaid card clearly and conspicuously states- (i) that a dormancy fee, inactivity charge or fee, or service fee may be charged; (ii) the amount of such fee or charge; (iii) how often such fee or charge may be assessed; and (iv) that such fee or charge may be assessed for inactivity; and (B) the issuer or vendor of such certificate or card informs the purchaser of such charge or fee before such certificate or card is purchased, regardless of whether the certificate or card is purchased in person, over the Internet, or by telephone. (4) Exclusion The prohibition under paragraph (1) shall not apply to any gift certificate- (A) that is distributed pursuant to an award, loyalty, or promotional program, as defined by the Bureau; and (B) with respect to which, there is no money or other value exchanged. (c) Prohibition on sale of gift cards with expiration dates (1) In general Except as provided under paragraph (2), it shall be unlawful for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. (2) Exceptions A gift certificate, store gift card, or general-use prepaid card may contain an expiration date if- (A) the expiration date is not earlier than 5 years after the date on which the gift certificate was issued, or the date on which card funds were last loaded to a store gift card or general-use prepaid card; and (B) the terms of expiration are clearly and conspicuously stated.

Source: <https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1693l-1&num=0&edition=prelim>

state: United States (federal floor)

title: United States (federal floor) — Gift card expiration, fee and cash-redemption rules by state


body:
**State:** Virginia

**Expiration rule:** Each gift certificate issued by a merchant in the Commonwealth that has an expiration date shall include either (i) a statement of the expiration date of the certificate or (ii) a telephone number or Internet address where the holder of the certificate may obtain information regarding the expiration date of the certificate

**Dormancy/service fee rule:** No gift certificate issued by a merchant in the Commonwealth shall impose a dormancy fee, an inactivity charge or fee, or a service fee

**Cash redemption threshold:** none

**Covered instruments:** unless the gift certificate is distributed pursuant to an award, loyalty, or promotional program, and with respect to which there is no other money or value exchanged

**Statute citation:** Va. Code § 59.1-531

> A. Each gift certificate issued by a merchant in the Commonwealth that has an expiration date shall include either (i) a statement of the expiration date of the certificate or (ii) a telephone number or Internet address where the holder of the certificate may obtain information regarding the expiration date of the certificate. B. Each gift certificate issued by a merchant in the Commonwealth that diminishes in value over time shall include a telephone number or Internet address where the holder of the certificate may obtain information regarding the diminution in the value of the certificate over time. C. No gift certificate issued by a merchant in the Commonwealth shall impose a dormancy fee, an inactivity charge or fee, or a service fee, unless the gift certificate is distributed pursuant to an award, loyalty, or promotional program, and with respect to which there is no other money or value exchanged.

Source: <https://law.lis.virginia.gov/vacode/title59.1/section59.1-531/>

state: Virginia

title: Virginia — Gift card expiration, fee and cash-redemption rules by state


body:
**State:** Washington

**Expiration rule:** unlawful for any person or entity to issue, or to enforce against a bearer, a gift certificate that contains: (a) An expiration date

**Dormancy/service fee rule:** (b) Any fee, including a service fee; or (c) A dormancy or inactivity charge

**Cash redemption threshold:** less than five dollars

**Covered instruments:** If a gift certificate is issued with the sale of tangible personal property or services, the gift certificate is subject to subsection (1) of this section

**Statute citation:** RCW 19.240.020

> it is unlawful for any person or entity to issue, or to enforce against a bearer, a gift certificate that contains: (a) An expiration date; (b) Any fee, including a service fee; or (c) A dormancy or inactivity charge. (2) If a gift certificate is issued with the sale of tangible personal property or services, the gift certificate is subject to subsection (1) of this section. (3) If a purchase is made with a gift certificate for an amount that is less than the value of the gift certificate, the issuer must make the remaining value available to the bearer in cash or as a gift certificate at the option of the issuer. If after the purchase the remaining value of the gift certificate is less than five dollars, the gift certificate must be redeemable in cash for its remaining value on demand of the bearer. A gift certificate is valid until redeemed or replaced.

Source: <https://app.leg.wa.gov/rcw/default.aspx?cite=19.240.020>

cash_redemption_threshold: less than five dollars

state: Washington

title: Washington — Gift card expiration, fee and cash-redemption rules by state