Saturday, December 15, 2012


Definition of Gift Card/Gift Certificate:

Kan. Stat. Ann. §50,6108

“Gift card” means a tangible device, whereon is embedded or encoded in an electronic or other format a value issued in exchange for payment, which promises to provide to the bearer merchandise of equal value to the remaining balance of the device. “Gift card” does not include a prepaid bank card.

“Gift certificate” means a written promise given in exchange for full or discounted payment, or without any money or other thing of value being given in exchange, to provide merchandise in a specified amount or of equal value to the bearer of the certificate. “Gift certificate” does not include a prepaid bank card.

“Prepaid bank card” means a general use, prepaid card or other electronic payment device that is issued by a bank or other financial institution in a predenominated amount useable at multiple, unaffiliated merchants or at automated teller machines, or both.

Expiration Date Provision:

Kan. Stat. Ann. §50,6108

On and after Jan. 1, 2007, no person, firm, partnership, association or corporation shall sell a gift certificate or gift card to a purchaser containing an expiration date which is less than five years from the date of purchase. A gift certificate or gift card sold without an expiration date is valid until redeemed or replaced.

Fee Provision:

Kan. Stat. Ann. §50,6108

No fees may be charged against the balance of a gift card or gift certificate within 12 months from the date of issuance of the card.

Redeemable for Cash: 

Kan. Stat. ann. §50,6108(b)
A merchant shall not be required to redeem a gift card or gift certificate for cash.

Escheat Provision:

Kan. Stat. Ann. §58-3934
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.


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