Laws for Gift Certificates and Gift Cards
Receiving a gift card seems like getting free money to buy whatever you want. However, if you don’t pay close attention to the fine print, you may end up losing the full value. Did you know that in some states, gift cards expire in less than two years?
Or that in other states, businesses can charge monthly fees that slowly drain the balance? The rules around gift card expiration dates, fees, and use can be confusing and vary widely between states.
This article breaks down the different laws in each state regarding expiration, allowable fees, and more so you can better understand the fine print. After reading, you’ll be armed with knowledge to ensure you take full advantage of gift cards and never lose money again due to confusing state laws and retailer policies. Every State is different, For example:
- The Credit Card Accountability Responsibility and Disclosure Act (CARD) is a federal law stating gift cards cannot expire for five years. This applies to all 50 states.
- Some states have additional rules regarding gift card expiration dates, fees, and redemptions. These are based on state statutes and legislation.
Expiration Dates
- In AK, IL, NE, NC, PA, TN, TX, VA, and WA – States can collect the balance after 3-5 years of inactivity, even if there is no expiration date.
- In CO, DE, GA, HI, ID, IA, LA, ME, MS, MT, NH, NJ, NM, NY, ND, OK, SD, WV, and WY – the State can collect the balance after 3-5 years regardless of expiration date.
Fees
- Federal law – fees must be disclosed and cannot apply until one year of inactivity. No more than one fee per month.
- Some states expand the fee-free period:
- AR, KS, MD, NV, NJ, NY, NC, OH, TN – 1-4 years
- In CA, OK, WA – fees start after three years, max $1 per month
Redemptions
- CA – Can redeem balances < $10
- CO, ME, MT, NJ, OR, WA – Can redeem < $5
- RI, VT – Can redeem < $1
- MA – Can redeem once 10% of value remains
Every state has Laws For Gift Certificates and Gift Cards for your protection. Many states have gift card consumer protection laws. Spavelous has put together a Summary of Gift Certificate Laws for your convenience. You may contact your State Attorney General’s office for any other specific state information or the most recent information.
What can you do with unwanted cards? You can sell unused gift cards for cash on certain sites. Also, nearly 12 states have laws requiring retailers to pay back cash to consumers who have partially used their gift cards.
Gift Laws By State 2024 Overview: Should you have specific questions, contact your state’s Attorney General:
| Gift Card Laws by State 2024 | |||
| State | Turn in for Cash | Charge Extra Fees | State Collect any Balance |
| Alabama | No | Yes, after 1 year, no limit | No |
| Alaska | No | Yes, after 1 year, no limit | Yes, if it has exp. date, after 3 years |
| Arizona | No | Yes, after 1 year, no limit | No |
| Arkansas | No | Yes, after 2 years, no limit | No |
| California | Yes < $10 | Yes, after 3 years, $1/month | No |
| Colorado | Yes < $5 | Y | Yes, after 5 years |
| Connecticut | No | No | No |
| Delaware | No | Yes, after 1 year, no limit | Yes, after 5 years |
| Florida | No | No | No |
| Georgia | No | Yes, after 1 year, no limit | Yes, after 5 years |
| Hawaii | No | No | Yes, after 5 years |
| Idaho | No | Yes, after 1 year, no limit | Yes >$50 bal, no exp, after 5 years |
| Illinois | No | No | Yes exp. date, after 5 years |
| Indiana | No | Yes, after 1 year, no limit | No |
| Iowa | No | Yes, after 1 year, no limit | Yes, after 3 years |
| Kansas | No | Yes, after 2 years, no limit | No |
| Kentucky | No | No | No |
| Louisiana | No | No | Yes, after 3 years |
| Maine | Yes < $5 | No | Yes, after 5 years |
| Maryland | No | Yes, after 5 years, no limit | No |
| Massachusetts | Yes, after 90% balance redeemed | No | No |
| Michigan | No | No | No |
| Minnesota | No | No | No |
| Mississippi | No | Yes, after 1 year, no limit | Yes, after 5 years |
| Missouri | No | Yes, after 1 year, no limit | No |
| Montana | Yes < $5 | No | Yes, after 5 years |
| Nebraska | No | Yes, after 1 year, no limit | Yes, if it has exp. date, after 3 years |
| Nevada | No | Yes, after 2 years, no limit | Yes, 60% when GC exp. |
| New Hampshire | No | No | Yes >$100 balance, 5 years |
| New Jersey | Yes < $5 | Yes, after 3 years, no limit | Yes, after 5 years |
| New Mexico | No | No | Yes, after 5 years |
| New York | No | Yes, after 2 years, no limit | Yes, after 5 years |
| North Carolina | No | Yes, after 2 years, no limit | Yes, if it has exp. date, after 3 years |
| North Dakota | No | No | Yes, after 3 years |
| Ohio | No | Yes, after 3 years, no limit | No |
| Oklahoma | No | Yes, after 3 years, $1/month | Yes, after 5 years |
| Oregon | Yes < $5 | No | No |
| Pennsylvania | No | Yes, after 1 year, no limit | Yes exp. date, after 2 years |
| Rhode Island | Yes < $1 | No | No |
| South Carolina | No | Yes, after 1 year, no limit | No |
| South Dakota | No | Yes, after 1 year, no limit | Yes, after 5 years |
| Tennessee | No | Yes, after 3 years, no limit | Yes exp. date, after 2 years |
| Texas | No | Yes, after 1 year, no limit | Yes exp. date, after 2 years |
| Utah | No | Yes, after 1 year, no limit | No |
| Vermont | Yes < $1 | No | No |
| Virginia | No | Yes, after 1 year, no limit | Yes, after 5 years |
| Washington | Yes < $5 | Yes, after 3 years, $1/month | Yes, if it has exp. date, after 3 years |
| West Virginia | No | Yes, after 1 year, no limit | Yes, after 3 years |
| Wisconsin | No | Yes, after 1 year, no limit | No |
| Wyoming | No | Yes, after 1 year, no limit | Yes >$100 balance, 3 years |
Summary By States and Contact Information:
Alabama:
(334) 242-7300
State House, 11 S. Union St. Montgomery, AL 36130
https://www.ago.state.al.us
Alabama Escheat – In general, gift certificates are presumed abandoned three years after being sold; however, gift certificates issued by retailers are exempt from this provision. Alabama Code § 35-12-72(a)(17); §35-12-73(b)(1).
Alaska:
(907) 465-3600
P.O. Box 110300, Diamond Courthouse, Juneau, AK 99811-0300
https://www.law.state.ak.us/
Alaska Escheat – Gift certificate presumed abandoned after being unclaimed by the owner for three years. The amount abandoned is equal to the full price paid by the purchaser. Alaska Statute § 34.45.240.
Arizona:
(602) 542-4266
1275 W. Washington St., Phoenix, AZ 85007
https://www.azag.gov/
Arizona Disclosure – Any expiration date, the amount of any fees, and when such fees are incurred must be clearly disclosed. Arizona Revised Statutes Annotated § 44-7402.
Arkansas:
(800) 482-8982
200 Tower Bldg., 323 Center St., Little Rock, AR 72201-2610
https://www.ag.arkansas.gov/
Arkansas has enacted the Fair Gift Card Act (¶ 30,412), which prohibits the issuance of gift certificates or cards subject to expiration or fees less than two years from issuance.
Prominent disclosures of expiration and fee provisions are required. Laws of 2007, Act 304, approved March 16, 2007, effective 90 days after adjournment.
Escheat – Gift certificates are not considered property and, therefore, not subject to escheat laws. Arkansas Statutes
Annotated § 18-28-201(13)(B).
Expiration – No expiration earlier than two years from the date of issuance; the expiration date must be disclosed conspicuously. Arkansas Statutes Annotated § 44-88-703(a) and (c).
Fees – May be charged beginning two years from the date of issuance; notice must be conspicuous. Arkansas Statutes Annotated § 44-88-703 (c).
California:
(916) 445-9555
1300 I St., Ste. 1740, Sacramento, CA 95814
https://ag.ca.gov
California Expiration – Gift certificates cannot contain expiration dates. California Code § 1749.5(a)(1)
A gift certificate sold without expiration is valid until redeemed or replaced. California Code § 1749.5(c).
Gift cards cannot contain a service fee until the gift card has been inactive for two years, the remaining value is not more than $5, and the service fee is not more than $1 per month. California Code § 1749.5(a)(2), 1749.5(e).
Redemption – Any 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. California Code § 1749.5(b)
Disclosure – Gift certificates handed out by the issuer to the consumer pursuant to awards, loyalty, or promotional programs, as well as gift certificates sold below face value, or those issued for a food product are permitted to contain an expiration date, as long as the date appears in at least 10 point font on the front of the gift certificate. California
Code § 1749.5(d)
Gift Cards – Gift cards are covered under the definition of “gift certificates,” except when a gift card is usable with multiple sellers of goods. California Code § 1749.45(a)
Colorado:
(303) 866-4500
1525 Sherman Street, Denver, CO 80203
https://www.ago.state.co.us/index.cfm
Colorado Escheat – Gift certificates that can be redeemed for cash are subject to escheat if unclaimed for 5 years; certificates redeemable for goods or services are not subject to escheat. Colorado Revised Statutes § 38-13-108.4.
Connecticut:
(860) 808-5318
55 Elm St., Hartford, CT 06141-0120
https://www.ct.gov/ag/
Connecticut Expiration – Gift certificates sold after August 16, 2003, cannot contain expiration dates. Gift certificate sellers are required to obtain the address of the owner and maintain a record of such address. Connecticut Public Act No. 03-1, Section 84
Redemption – Unclaimed gift certificates are considered abandoned three years after the gift certificate was either purchased or last used. Connecticut Public Act No. 03-1, Section 74. However, this does not prevent the holder from honoring a gift certificate, as reimbursement can be sought from the Treasurer. Connecticut Public Act No. 03-1, Section 84
Disclosure – As of August 16, 2003, gift certificates cannot contain expiration dates.
Gift Cards – Gift cards are covered under the definition of “gift certificates”. Connecticut Public Act No. 03-1, Section 66(5)
District of Columbia:
(202) 724-1305
John A. Wilson Building, 1350 PA Ave, NW Suite 409, Washington, DC 20009
https://occ.dc.gov
District of Columbia Escheat – Certificates unclaimed for five years are presumed abandoned. D.C. Code Annotated § 41-101 et seq.
Delaware:
(302) 577-8338
Carvel State Office Bldg., 820 N. French St., Wilmington, DE 19801
https://attorneygeneral.delaware.gov/
Delaware Escheat – If an owner dies intestate, is missing for more than five years, or abandons the certificate, a gift certificate reverts to the state. Delaware Code Annotated it. 12 § 1197 et seq.
Florida:
(850) 414-3300
The Capitol, PL 01, Tallahassee, FL 32399-1050
https://myfloridalegal.com/
Florida Florida has enacted a new law (¶30,912) prohibiting expiration dates, post-sale charges, and fees for gift certificates and stored value cards. Laws of 2007, Chapter 256, approved and effective June 28, 2007.
Georgia:
(404) 656-3300
40 Capitol Square, SW, Atlanta, GA 30334-1300
https://ganet.org/ago/
Georgia Disclosure – Any expiration date or dormancy/non-use fee must be conspicuously printed. Georgia Code § 10-1-393(b)(33)(A)(ii).
Escheat – Certificates unclaimed for five years are presumed abandoned. Georgia Code § 44-12-205.
Hawaii:
(808) 586-1500
425 Queen St., Honolulu, HI 96813
https://www.hawaii.gov/ag/
Hawaii Expiration and Fees: Effective July 1, 2005, gift cards may not expire within two years of issue, and no fees may be charged for their use. Consumer’s Union.
Idaho:
(208) 334-2400
Statehouse, Boise, ID 83720-1000
https://www2.state.id.us/ag/
Idaho Escheat – Certificates without expiration dates unclaimed for five years are presumed abandoned. Idaho Code § 14-514.
Certificates with expiration dates displayed do not constitute abandoned property. Idaho Code § 14-502(2)(b).
Illinois:
(312) 814-3000
James R. Thompson Ctr., 100 W. Randolph St., Chicago, IL 60601
https://illinoisattorneygeneral.gov/
Illinois Expiration and Fees: Effective January 1, 2005, gift cards may not have an expiration date or service fees or they risk escheat to the state. Consumer’s Union.
Indiana:
(317) 232-6201
Indiana Government Center South – 5th Floor, 402 West Washington Street, Indianapolis, IN 46204
https://www.in.gov/attorneygeneral/
Indiana Escheat – Gift certificates are exempt from unclaimed property laws. Indiana Code § 32-34-1-1.
Iowa:
(515) 281-5164
Hoover State Office Bldg., 1305 E. Walnut, Des Moines, IA 50319
https://www.IowaAttorneyGeneral.org
Iowa Expiration – Iowa allows sellers of gift certificates to have expiration dates.
Fees – No fees may be charged without a contract. Iowa Code § 556.9.
Redemption – An issuer of a gift certificate shall not deduct from the face value of the gift certificate any charge imposed due to the failure of the owner of the gift certificate to present the gift certificate in a timely manner unless a valid and enforceable written contract exists between the issuer and the owner of the gift certificate pursuant to which the issuer regularly imposes such charges and does not regularly reverse or otherwise cancel them. Iowa Code § 556.9(2)
Gift Cards – Gift cards are covered under the definition of “gift certificate.” Iowa Code § 556.9(2)
Kansas:
(785) 296-2215
120 S.W. 10th Ave., 2nd Fl., Topeka, KS 66612-1597
https://www.ksag.org/home/
Kansas Expiration – Effective January 1, 2007, gift certificates with expiration dates must expire no less than five years after the date of purchase. Cards without expiration dates are valid until redeemed or replaced. 2006 H.B. 2658.
Fees – No fees may be charged during the first 12 months following issuance. 2006 H.B. 2658.
Kentucky:
(502) 696-5300
State Capitol, Rm. 116, Frankfort, KY 40601
https://ag.ky.gov
Kentucky Expiration – Gift certificates with expiration dates must expire no less than one year after the date of purchase. Cards without expiration dates printed on the front or back are valid until redeemed or replaced. Kentucky Rev. Stat. § 367.890.
Fees – No fees may be charged before expiration. Kentucky Rev. Stat. § 367.890(3).
Louisiana:
225-326-6000
P.O. Box 94095, Baton Rouge, LA 70804-4095
https://www.ag.state.la.us/
Louisiana Expiration – An expiration date cannot be less than five years from the date of issuance. It is unlawful for a person to sell a gift certificate with a service fee or dormancy fee, though the seller can impose a one-time handling fee that shall not exceed one dollar per gift certificate. Louisiana Revised Statute § 1423(B). A gift certificate sold without an expiration date shall be valid until redeemed or replaced. Louisiana Revised Statute § 1423.
Fees – In general, no service fees, although a one-time handling fee of $1 or less is permissible. Louisiana Revised Statute § 1423(B)(2).
Disclosure – Expiration dates shall appear in capital letters in at least ten-point font on the gift certificate. Louisiana Revised Statute §1423(B)
Gift Cards – Gift cards are covered under the definition of “gift certificate”. Louisiana Revised Statute §1423(A)
***Note – The provisions of §1423 do not apply to gift certificates distributed to a consumer pursuant to an awards loyalty or promotional program without anything being given in exchange for the gift certificate by the consumer.
The provisions also do not apply to gift certificates sold below face value or donated to non-profits, or to gift certificates that are usable with multiple sellers of goods. Louisiana Revised Statute §1423(D)
Maine:
(207) 626-8800
State House Station 6, Augusta, ME 04333
https://www.state.me.us/ag
Maine Expiration – A period of limitation may not be imposed on the owner’s right to redeem the gift obligation. Maine Revised Statutes 33 § 1953(G)
Redemption – A gift obligation is considered abandoned 3 years after December 31st of the year in which the gift obligation occurred. A period of limitation may not be imposed on the owner’s right to redeem the gift obligation.
The amount unclaimed is the face value of the gift obligation, except that the amount unclaimed is 60% of the gift obligation’s face value if the issuer of the gift obligation does not impose a dormancy charge.
Fees or charges may not be imposed on gift obligations unless they are noted on the gift obligation and are in accordance with section 1956. The amount of these charges or fees may not be unconscionable. Maine Revised Statutes 33 § 1953(G)
Disclosure – Fees or charges may not be imposed on gift obligations unless they are noted on the gift obligation and are in accordance with section 1956. Maine Revised Statutes 33 § 1953(G)
Gift Cards – Gift certificates and gift cards are both covered under the definition of “gift obligation.” Maine Revised Statutes 33 § 1952
Maryland:
(410) 576-6300
200 St. Paul Place, Baltimore, MD 21202-2202
https://www.oag.state.md.us
Maryland Expiration – Gift certificates must be valid for not less than 4 years. Any expiration date must be clearly disclosed. Maryland Commercial Code Ann. § 14-1319; 14-1320.
Fees – Fees must be disclosed, and no fees may be charged within 4 years of purchase. Maryland Commercial Code Ann. § 14-1319; 14-1320.
Escheat – Gift cards are exempt from the Unclaimed Property Act. Maryland Commercial Code Ann. § 17-101(m).
Massachusetts:
(617) 727-2200
1 Ashburton Place, Boston, MA 02108-1698
www.mass.gov/ago
Massachusetts Expiration – A gift certificate sold or offered to be sold shall be valid for not less than 7 years after its date of issuance. Massachusetts General Laws 200A §5D. A gift certificate without an expiration date will not expire. Massachusetts General Laws200A § 5D
Redemption – Notwithstanding any general or special law to the contrary, upon a gift certificate being redeemed for at least 90 percent of its face value, a consumer shall make an election to receive the balance in cash or to continue with the gift certificate.
Massachusetts General Laws 200A § 5D. Since the gift card must be redeemable in full value for seven years, issuers are not allowed to deduct service charges or dormancy fees.
As of April 1, 2003, issuers of expired gift certificates may retain the unredeemed amount on a gift certificate. Massachusetts General Laws 200A § 5D.
Disclosure – The date of issuance and the expiration date shall be clearly identified on the face of the gift certificate or gift card with a banked dollar value clearly printed upon a sales receipt transferred to the purchaser or holder of the electronic card through means of an internet site or a toll-free information telephone line. Massachusetts General Laws 200A §5D
Gift Cards – Gift cards are covered under the definition of “gift certificate”. Massachusetts General Laws 255D §1
Michigan:
(517) 373-1110
P.O.Box 30212, 525 W. Ottawa St., Lansing, MI 48909-0212
https://www.michigan.gov/ag
Michigan Escheat – Gift certificates unclaimed for more than five years are deemed abandoned in the amount of the purchase price. Michigan Comp. Laws § 567.235.
Minnesota:
(651) 296-3353
State Capitol, Ste. 102, St. Paul, MN 55155
https://www.ag.state.mn.us
Minnesota Escheat – Gift cards are exempt from the definition of intangible property. Minnesota Stat. § 345.39.
A new Minnesota law (¶32,314) prohibits expiration dates and service fees for gift certificates and gift cards. Laws of 2007, Chapter 93, approved May 21, 2007, effective August 1, 2007.
Mississippi:
(601) 359-3680
Department of Justice, P.O. Box 220, Jackson, MS 37205-0220
https://www.ago.state.ms.us/
Mississippi Escheat – Gift certificates unclaimed for more than five years are deemed abandoned. Mississippi Code Ann. § 89-12-14.
Missouri:
(573) 751-3321
Supreme Ct. Bldg., 207 W. High St., Jefferson City, MO 65101
https://www.ago.mo.gov/
Missouri Escheat – Gift certificates redeemable only for merchandise are reportable at 60% face value. The owner shall be reimbursed at full value. Missouri Rev. Stat. § 447.500 et seq.
Montana:
(406) 444-2026
Justice Bldg., 215 N. Sanders, Helena, MT 59620-1401
https://www.doj.mt.gov
Montana Expiration and Fees – Gift certificates may not expire, and no fees may be charged. Montana Code Ann. § 30-14-108.
Nebraska:
(402) 471-2682
State Capitol, P.O.Box 98920, Lincoln, NE 68509-8920
https://www.ago.state.ne.us/
Nebraska Disclosure – Expiration dates and all types of fees must be clearly disclosed on the gift card or certificate. Nebraska Rev. Stat. § 69-1305.03.
Nevada:
(775) 684-1100
Old Supreme Ct. Bldg., 100 N. Carson St., Carson City, NV 89701
https://ag.state.nv.us/
Nevada Expiration – The expiration date or toll-free number to call to enquire about expiration must be printed on the certificate. Nevada Rev. Stat. § 598.0921(1)(a).
Fees – Fees must be disclosed may not exceed $1/month and may not be imposed within 12 months of issuance. Nevada Rev. Stat. § 598.0921(1)(b).
Effective October 1, 2007, issuers are prohibited from charging a service fee for inactivity of less than three continuous years. (2007, Chapter 363)
Gift Cards- Gift cards are covered under the definition of “gift certificate.” Nevada Rev. Stat. § 598.0921(3)(a)
New Hampshire:
(603) 271-3658
State House Annex, 33 Capitol St., Concord, NH 03301-6397
https://www.state.nh.us/nhdoj/
New Hampshire Expiration – No expiration for certificates valued at less than $100. Certificates worth in excess of $100 expire when escheated to the state as abandoned property. New Hampshire Rev. Stat. Ann. § 358-A:2.
Fees – Service fees are prohibited. New Hampshire Rev. Stat. Ann. § 358-A:2.
New Jersey:
(609) 292-8740
Richard J. Hughes Justice Complex, 25 Market St., CN 080, Trenton, NJ 08625
https://www.state.nj.us/lps/
New Jersey Expiration – Expiration must not occur less than 24 months from the date of sale. Any expiration date must be disclosed as specified. New Jersey Rev. Stat. § 56:8-110(a)(1).
Fees – No dormancy fee within 24 months of issuance or within 24 months of the most recent activity. Fees may not exceed $2/month and must be disclosed as specified. New Jersey Rev. Stat. § 56:8-110(a)
New Mexico:
(505) 827-6000
P.O. Drawer 1508, Sante Fe, NM 87504-1508
https://www.nmag.gov/
New Mexico Escheat – Gift certificates are presumed abandoned 3 years after December 31 of the year sold. If redeemable for merchandise only, the amount abandoned is 60% of the certificate’s face value. New Mexico Stat. Ann. § 7-8A-1 et seq.
Expiration – No expiration earlier than 60 months from the date of issuance. If an expiration date is not conspicuously stated on the certificate, then it is assumed to have no expiration date and is valid until redeemed or replaced. 2007 Chapter 125.
Fees – No fees of any kind may be charged. 2007 Chapter 125.
New York:
(518) 474-7330
Dept. of Law – The Capitol, 2nd fl., Albany, NY 12224
https://www.oag.state.ny.us
New York Expiration – Must be disclosed. Laws of New York § 396-i(3).
Fees – Must be disclosed, and may not be assessed before the 13th month following issuance. Laws of New York § 396-i.
Redemption – No monthly service fees may be assessed against the balance of a gift certificate before the thirteenth month of dormancy. Law of New York § 396-i(5)(b)
Disclosure – “The terms and conditions of a gift certificate shall be disclosed to the purchaser:
(i) on a sign conspicuously posted stating “TERMS AND CONDITIONS ARE APPLIED TO GIFT
CERTIFICATES/GIFT CARDS”; or (ii) conspicuously stated in an offer made by mail thus: “TERMS AND CONDITIONS ARE APPLIED TO GIFT CERTIFICATES/GIFT CARDS
(b) For purchases via electronic, computer, or telephonic means, the statement “TERMS AND CONDITIONS ARE APPLIED TO GIFT CERTIFICATES/GIFT CARDS” shall be stated before the customer purchases the gift certificate or conspicuously written within the electronic message offering a gift certificate for purchase.
All advertisements or promotions for gift certificates shall include a notice in like or similar terms to the following: “TERMS AND CONDITIONS ARE APPLIED TO GIFT CERTIFICATES/GIFT CARDS”.” Law of New York § 396-i(2-a)
The terms and conditions of a gift certificate store credit shall be clearly and conspicuously stated thereon. Terms and conditions shall include the expiration date, whether any fees are assessed against the balance of the gift certificate, and whether a fee will be charged for the replacement of a gift certificate that is lost, stolen, or destroyed.
Additional terms and conditions including, but not limited to, policies related to refunds, warranties, changes in terms and conditions, assignment, and waivers shall be conspicuously printed: (a) on the gift certificate; or (b) on an envelope or packaging containing the gift certificate, provided that a toll-free telephone number to access the additional terms and conditions is printed on the gift certificate; or (c) on an accompanying printed document, provided that a toll-free telephone number to access the additional terms and conditions is printed on the gift certificate. Laws of New York §396-i(3)
Gift Cards – Gift cards are covered under the definition of “gift certificate”. Laws of New York § 396-i(1)
North Carolina:
(919) 716-6400
Dept. of Justice, P.O.Box 629, Raleigh, NC 27602-0629
https://www.ncdoj.com/default.jsp
North Carolina Escheat – A gift certificate bearing an expiration date is deemed abandoned after 3 years of dormancy. North Carolina Gen. Stat. § 116B-53(c)(8). Gift certificates are not deemed abandoned if they state that they do not expire, bear any expiration date, or state that their expiration date does not apply in North Carolina. North Carolina Gen. Stat. § 116B-5354(b).
Fees- Effective December 1, 2007, disclosure of any maintenance fees charged for gift certificates is required, and no fee may be charged within one year of purchase. § 66-67.5.
North Dakota:
(701) 328-2210
State Capitol, 600 E. Boulevard Ave., Bismarck, ND 58505-0040
https://www.ag.state.nd.us
North Dakota Expiration and Fees – Expiration dates must be not less than 6 years from issuance. Service fees are prohibited. North Dakota Cent. Code § 51-29-02.
Ohio:
(614) 466-4320
State Office Tower, 30 E. Broad St., Columbus, OH 43266-0410
https://www.ag.state.oh.us
Ohio Expiration and Fees – Expiration dates must be not less than 2 years from issuance. Service fees may not be charged within two years of issuance. Ohio Rev. Code Ann. § 1349.61.
Oklahoma:
(405) 521-3921
State Capitol, Rm. 112, 2300 N. Lincoln Blvd., Oklahoma City, OK 73105
https://www.oag.state.ok.us
Oklahoma Expiration – Expiration dates must be at least 60 months from the date of purchase. Certificates with no expiration date are valid until redeemed or replaced. Oklahoma Stat. tit. 15 § 797.
Fees – Prohibited unless the certificate has a value of $5 or less, the fee is $1/month or less, and the card has not been active for at least 24 months. Oklahoma Stat. tit. 15 § 797.
Oregon:
(503) 378-4732
Justice Bldg., 1162 Court St., NE, Salem, OR 97301
https://www.doj.state.or.us
Oregon Expiration- Effective January 1, 2008, the sale of a gift card that has an expiration date is prohibited unless the expiration date is disclosed, the card is sold at a cost below face value, and the card does not expire until at least 30 days after the sale. (2007, Chapter 772)
Pennsylvania:
(717) 787-3391
1600 Strawberry Square, Harrisburg, PA 17120
https://www.attorneygeneral.gov
Pennsylvania Escheat – Gift certificates are deemed abandoned if unredeemed for two or more years after expiration or five years from issuance if no expiration is specified.
Certificates without any fees or expiration dates are exempt from these provisions. Pennsylvania Cons. Stat. tit. 72, § 1301 et seq.
Rhode Island:
(401) 274-4400
150 S. Main St., Providence, RI 02903
https://www.riag.state.ri.us
Rhode Island Expiration – It shall be unlawful for any person, firm, or corporation of any kind to charge additional monthly or annual service or maintenance fees on gift certificates to limit the time for the redemption of a gift certificate, or to place an expiration date upon the gift certificates. General Laws of Rhode Island 6-13-12
No gift certificate or any agreement with respect to such gift certificate may contain language suggesting that an expiration date may apply to the gift certificate. General Laws of Rhode Island 6-13-12
Redemption – A gift certificate issued by a business association that remains unredeemed for more than three (3) years after issuance is presumed abandoned. General Laws of
Rhode Island 33-21.1-14(a).
In the case of a gift certificate, the amount presumed abandoned is the face amount of the certificate itself. General Laws of Rhode Island 33-21.1-14(b)
Gift Cards – Gift cards are covered under the definition of “gift certificate”. General Laws of Rhode Island 6-13-12
South Carolina:
(803) 734-3970
Rembert C. Dennis Office Bldg., P.O.Box 11549, Columbia, SC 29211-1549
https://www.scattorneygeneral.org
South Carolina Expiration – No expiration less than one year from the date of purchase unless disclosed as specified. South Carolina Code Ann. § 39-1-55(B).
Fees – Fees are prohibited unless disclosed as specified. South Carolina Code Ann. § 39-1-55(C).
South Dakota:
(605) 773-3215
1302 East Highway 14, Suite 1, Pierre, SD 57501-8501
https://www.state.sd.us/attorney/
South Dakota Escheat – A gift certificate unclaimed by the owner for more than five years after becoming payable is deemed abandoned. South Dakota Cod. Laws Ann. § 43-41B-15.
Tennessee:
(615) 741-5860
500 Charlotte Ave., Nashville, TN 37243
https://www.attorneygeneral.state.tn.us
Tennessee Expiration – No expiration within two years of issuance; valid until redeemed or replaced if sold without a valid expiration date. Tennessee Code Ann. § 47-18-127.
Fees – Issuance fees prohibited; no service fees within two years of issuance. Tennessee Code Ann. § 47-18-127.
Texas:
(512) 463-2100
Capitol Station, P.O.Box 12548, Austin, TX 78711-2548
https://www.oag.state.tx.us
Texas Expiration – Date must be disclosed as specified. Texas Bus. & Com. Code Ann. § 35.42.
Fees – Handling, access, and replacement fees may be charged. Reasonable dormancy fees may be assessed after the first anniversary of the initial sale. All fees must be disclosed as specified. Texas Bus. & Com. Code Ann. § 35.42.
Utah:
(801) 538-9600
State Capitol, Rm. 236, Salt Lake City, UT 84114-0810
https://attorneygeneral.utah.gov/
Utah Escheat – A gift certificate valued at more than $25 and unclaimed for 5 years is deemed abandoned. Utah Code Ann. § 67-4a-211.
The Utah Consumer Sales Practices Act (¶34,410) has been amended to make it a deceptive practice to issue a gift certificate with undisclosed expiration date or fee deduction provisions.
Vermont Expiration – Gift certificates shall be valid for not less than 3 years from the date of issuance. Certificates without a marked or available expiration date are deemed to have no expiration date.
Vermont:
(802) 828-3173
109 State St., Montpelier, VT 05609-1001
https://www.state.vt.us/atg
Vermont Stat. Ann. tit. 8, § 2702.
Fees – Fees and service charges are prohibited. Vermont Stat. Ann. tit. 8, § 2703.
Virginia:
(804) 786-2071
900 E. Main St., Richmond, VA 23219
https://www.oag.state.va.us
Virginia Expiration – Any gift certificate with an expiration date must include a statement containing the expiration date or a telephone number or internet address where the owner can obtain information regarding expiration. Virginia Code § 59.1-531.
Fees – Any gift certificate that loses value over time must include a telephone number or internet address where the owner can obtain information regarding this loss of value. Virginia Code § 59.1-531.
Washington:
(360) 753-6200
1125 Washington St. SE, PO Box 40100, Olympia, WA 98504-0100
https://www.atg.wa.gov/
Washington Expiration – Expiration is prohibited unless no money was paid for the certificate or the certificate is for an artistic or cultural association and discloses this to the user. Revised Code of Washington 19.240.020(1); 19.240.030
Fees – Can enforce a dormancy or inactivity charge if: (1) disclosed as specified; (2) The remaining value of the gift card is $5 or less each time the charge is assessed; (3) The charge does not exceed $1 per month; (4) The charge can only be assessed when there has been no activity on the gift card for 24 consecutive months, including but not limited to, purchases, the adding of value, or balance inquiries; (5) The bearer may reload or add value to the gift card; and (6) After a dormancy or inactivity charge is assessed, the remaining value of the gift certificate is redeemable in cash
on demand. Revised Code of Washington 19.240.040
Redemption – 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. Revised Code of Washington 19.240.020(3)
Disclosure – The expiration date must be disclosed clearly and legibly on any gift certificate described in § 19.240.030 through §19.240.070.
Gift Cards – Gift cards are covered under the definition of “gift certificate”. Revised Code of Washington 19.240.040(1)
West Virginia:
(304) 558-2021
State Capitol, 1900 Kanawha Blvd., E., Charleston, WV 25305
https://www.wvago.us/
West Virginia Escheat – Gift certificates are presumed abandoned 3 years after December 31 of the year sold. If redeemable for merchandise only, the amount abandoned is 60% of the certificate’s face value. West Virginia Code § 36-8-2(a)(7).
Wisconsin:
(608) 266-1221
State Capitol, Ste. 114 E., P.O.Box 7857, Madison, WI 53707-7857
https://www.doj.state.wi.us
Wisconsin No specific regulations.
Wyoming:
(307) 777-7841
State Capitol Bldg., Cheyenne, WY 82002
https://attorneygeneral.state.wy.us
Wyoming Escheat – Gift certificates greater than $100 in value are deemed abandoned if not redeemed within three years. The amount abandoned is the price paid for the certificate. Wyoming Stat. § 34-24-114.
