Thursday, November 29, 2012


Definition of Gift Card/Gift Certificate:

N.Y. Abandoned Property Law §103

“Gift certificate” shall mean a written promise or electronic payment device that: (i) is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers; and (ii) is issued in a specified amount; and (iii) may or may not be increased in value or reloaded; and (iv) is purchased and/or loaded on a prepaid basis for the future purchase or delivery of any goods or services; and (v) is honored upon presentation.

Expiration Date Provision:

N.Y. General Business Law §396-i
Expiration date must be conspicuously disclosed to purchaser as specified.

Fee Provision:

N.Y. General Business Law §396-i
Any service fees must be conspicuously disclosed to purchaser; no service fee may be assessed before the 13th month after issuance.

Escheat Provision:

N.Y. Abandoned Property Law §1315
Any unclaimed amount representing unredeemed gift certificates sold after Dec. 31, 1983, including gift certificates for merchandise only in which case the face value of such certificate shall be deemed the amount deemed abandoned, and owing in this state after five years.

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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