ESCHEAT AND GIFT CARD LAWS: MARYLAND

Tuesday, December 11, 2012

MARYLAND

Definition of Gift Card/Gift Certificate:

Md. Commercial Code Ann. §14-1319

“Gift certificate” means a device constructed of paper, plastic, or any other material that is: (i) sold or issued by a person for a cash value that can be used to purchase goods or services; or (ii) issued as a store credit for returned goods.

 

Md. Commercial Code Ann. §14-1320

“Gift card” that (1) Is processed through a national credit or debit card service; and (2) May be used to purchase goods or services from multiple unaffiliated sellers of goods and services.

Expiration Date Provision:

Md. Commercial Code Ann. §14-1319

A person may not sell or issue a gift certificate that, within four years after the date of purchase, is subject to expiration or a fee or charge of any kind.
Md. Commercial Code Ann. §14-1320

A gift card may be subject to expiration, if disclosed as specified.

Fee Provision:

Md. Commercial Code Ann. §14-1319

A person may not sell or issue a gift certificate that, within four years after the date of purchase, is subject to expiration or a fee or charge of any kind.
Md. Commercial Code Ann. §14-1320

A gift card may be subject to a postsale fee, including a service fee, dormancy fee, account maintenance fee, cash-out fee, gift card replacement fee, activation fee, or reactivation fee, if disclosed as specified.

Escheat Provision:

Md. Commercial Code Ann. §17-101(m)

Gift certificates are exempted from unclaimed property act.

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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