ESCHEAT AND GIFT CARD LAWS: UTAH

Friday, November 16, 2012

UTAH

Definition of Gift Card/Gift Certificate:

Utah Code Ann. §67-4a-102

“Gift card” means a payment device such as a plastic card that: (a) is usable at: (i) a single merchant; (ii) an affiliated group of merchants; or (iii) multiple, unaffiliated merchants;

(b) contains a means for the electronic storage of information including: (i) a microprocessor chip; (ii) a magnetic stripe; or (iii) a bar code;

(c) is prefunded before it is used, whether or not monies may be added to the payment device after it is used; and

(d) is redeemable for goods or services.

Expiration Date Provision:

Utah Code Ann. §13-11-4(2)(v)

Makes it a violation of the Utah Consumer Sales Practices Act to issue a gift certificate that has an expiration date without disclosing the expiration date on the gift certificate or its packaging. Does not apply to a gift certificate, instrument, or other record useable at multiple, unaffiliated sellers of goods or services if an expiration date is printed on the gift certificate, instrument, or other record.

 

Utah Code Ann. §13-11-4(4)(a)

A gift certificate, instrument, or other record that does not print an expiration date in accordance with Subsection (2)(v) does not expire.

Fee Provision:

Utah Code Ann. §13-11-4(2)(v)

Makes it a violation of the Utah Consumer Sales Practices Act to issue a gift certificate that deducts a fee without disclosing the fee on the gift certificate or its packaging. Does not apply to a gift certificate, instrument, or other record useable at multiple, unaffiliated sellers of goods or services if an expiration date is printed on the gift certificate, instrument, or other record.

 

Utah Code Ann. §13-11-4(4)(b)

A gift certificate, instrument, or other record that does not include printed information concerning a fee to be charged and deducted from the balance of the gift certificate, instrument, or other record is not subject to the charging and deduction of the fee. Does not apply to a gift certificate, instrument, or other record useable at multiple, unaffiliated sellers of goods or services if an expiration date is printed on the gift certificate, instrument, or other record.

Escheat Provision:

Utah Code Ann. §67-4a-211

Notwithstanding that one or more of the following remain unreconsidered, it may not be considered abandoned for purposes of this chapter: (1) a gift certificate; (2) a gift card; or (3) a credit memo.

SOURCE: National Conference of State Legislatures


PLEASE NOTE:  Please note the summaries should be used for general informational purposes and not as a legal reference. DropZone Marketing is unable to answer questions or provide guidance to business owners regarding gift cards and gift certificate laws and practices. If you have questions regarding issuing or redeeming a gift card or gift certificate or a retailer’s practices, please contact the Office of the Attorney General in your state.

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