Saturday, November 24, 2012


Definition of Gift Card/Gift Certificate:

Or. Rev. Stat. §646A.274

“Gift card” means a prefunded record evidencing a promise that the issuer will provide goods or services to the owner of the record in the amount shown in the record. ‘Gift card’ does not include any gift card usable with more than one seller of goods or services.

Expiration Date Provision:

Or. Rev. Stat. §646A.278
Except as provided below, a person may not sell a gift card that has an expiration date. A person may sell a gift card that has an expiration date if: (1) The gift card bears, in at least 10-point type, the words ‘EXPIRES ON’ or ‘EXPIRATION DATE’ followed by the date on which the card expires; (2) The person sells the gift card at a cost below the face value of the card; and (3) The gift card does not expire until at least 30 days after the date of sale.

Fee Provision:

Or. Rev. Stat. §646A.276
A person may not sell a gift card that has a face value that declines as a result of the passage of time or the lack of use of the card; or that has a fee related to the card, including, but not limited to, an inactivity fee, a maintenance fee or a service fee.

Redeemable for Cash: 

Or. Rev. Stat. §646A.276(1)(d)

A person may not sell a gift card That does not give the cardholder the option to redeem the card for cash when the face value of the card has declined to an amount less than $5 and the card has been used for at least one purchase. For purposes of this paragraph, ‘cash’ means money or a check.

(2) Subsection (1)(d) of this section does not apply to: (a) Gift cards that have been given for free or less than full consideration to a person or entity as a donation or as part of a promotional offer; (b) Gift cards issued by an entity that provides services that are subject to the federal Communications Act of 1934 (47 U.S.C. 151 et seq.); and (c) Gift cards redeemed to an online account for the purchase of goods or services.

(3) Redemption under subsection (1)(d) of this section may be obtained only from the provider of goods or services indicated on the gift card regardless of whether the provider is the issuer of the gift card.

Escheat Provision:

Or. Rev. Stat. §98.302(8)
Gift certificates are not specifically included.

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.

Join Me!

Receive valuable info on the marketing and management of dropzones in your inbox every month. You'll never receive spam from me. 

You're Now Connected With Us Forever (Insert Evil Laughter)... Just kidding! You can opt out at anytime ;-)