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"Gift Card Laws by State"

California:

• No expiration dates and no fees, with one exception.
• Permits a $1 per month fee only when the card has a balance of $5 or less, the card has been unused for 24 months, and the card is reloadable.
•Covers gift cards usable at a single store or chain. Multiple-use gift cards are not covered.
Connecticut:
• No expiration dates.
• No inactivity fees.
Hawaii:
• No expiration within the first two years.
• No fees.
Illinois:
• Discourages expiration dates and service fees by exempting funds for cards without expiration and fees from escheat.
Iowa
• No fees unless there is a written contract between the card issuer and the holder of the gift card.
Kansas
• No expiration for one year
• No fees for one year
• Does not cover prepaid cards purchased from banks.
• Becomes effective January 1, 2007.

Kentucky

• No expiration for one year

• No fees for one year

• Does not cover general use prepaid cards usable with multiple unaffiliated merchants or at ATMs.

Louisiana:

• No expiration dates shorter than five years.

• No service fees, except for a one-time handling fee of $1.

• Covers cards issued to be redeemed in goods or services provided by the card seller.
Maine:
• No expiration dates.

• No fees unless printed on the card, allowed by written contract with the card owner, and not unconscionable.
Massachusetts:
• No expiration for the first seven years.

• Attorney General has stated that inactivity fees violate the state’s rule against expiration within the first seven years.
Maryland:
• No expiration for the first four years..

• No fees for the first four years.

• Fees that do apply after the first fours years must disclosed on the certificate or card, attached sticker, or envelope, and may not be changed except to benefit the consumer.

• Does not apply to cards processed through a national debit or credit card service that are usable at multiple unaffiliated sellers of goods or services.
Nebraska
• Discourages expiration dates and fees through application of escheat law.

New Hampshire:

• For gift cards over $100, no expiration earlier than the date the funds escheat to the state.

• For gift cards of $100 or less, no expiration dates.

• No fees on cards of any amount.
New Jersey:
• Cards are “valid until presented.”

• All other restrictions must be conspicuously printed on the card.

• Covers cards issued by retail merchandise establishments.
New York:
• No monthly service fees before 13th month of dormancy.
Nevada:
• No fees for the first 12 months.

• After 12 months, fees may not exceed $1 per month.

• Covers gift cards usable at a single store or chain. Multiple use cards are not covered.
Montana
• No expiration dates.

• No fees.

Ohio

• No expiration in the first two years.

• No fees for the first two years.

• Covers cards “issued by a merchant” for the future delivery of goods or services. Does not cover cards usable with multiple unaffiliated merchants.

Oklahoma

• No expiration for the first five years.

• No service fees, with one exception.

• Permits a $1 per month fee only when the card has a balance of $5 or less, the card has been unused for 24 months, and the card is reloadable.

• Covers cards usable at a single retailer or chain. Multiple use cards are not covered.

• Effective date November 1, 2006

Rhode Island:

• No expiration dates.

• No monthly or annual service or maintenance fees.
South Carolina:
• No expiration within the first year.

• Fees permitted but must be disclosed on certificate, envelope, covering, or receipt.
Tennessee:
• Card issuer is exempt from turning unused funds over to the state if the card has no expiration date and no dormancy fees.
Vermont:
• No expiration within the first three years.

• No fees, except a licensed money transmitter, financial institution or credit union may charge a one time issuance fee the smaller of $10 or 10%.
Washington:
• Prohibits expiration dates and all fees, with one exception.

• Permits a $1 per month fee only when the card has a balance of $5 or less, the card has been unused for 24 months, the card is reloadable, and the fee is disclosed on the card.

• Does not apply to gift cards issued by a financial institution or its operating subsidiary if usable at multiple unaffiliated sellers of goods or services.

In addition to these state laws restricting expiration dates or fees, Arizona and Georgia have enacted gift card laws that address only disclosure.

*This is a summary of key features of many state gift card laws. Giftcertificates25 does not give legal advice. Please consult the laws of your state for more information.