I currently reside in Massachusetts and I have bought some golf passes around January of 2009. I was under the assumption that these golf passes would be good for at least 5 years based on the Massachusetts consumer law. I placed the ordered over the phone and I was never informed over the phone that these golf passes cannot offer any refund and the expiration date cannot be extended. I was never told these golf passes are only good for the 2009 season. Now the remaining rounds of golf will expire once the season is over. Does the "Massachusetts General Laws Chapter 200A, Section 5D" offer me any protection from this? I have spoke to the owner and he refused to offer me any refund or extension for my remaining golf rounds.However, those passes do not have my name on it. I understand this law mainly protects the people who receive them as gift cards. The golf course policy allows anyone to use those passes as long as they show up at the proshop with those passes for payments. Doesn't this imply that the golf course is treating these golf passes as gift certificates? Is this a loop hole within the law? I can easily go in there and claim I have received them as gifts?
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Editor's Response
Without seeing the passes in question and hearing the conversations that took place around the purchase, it is very hard to offer a theory of recovery for you. I will say that the definition of a gift certificate found in Massachusetts General Laws Chapter 255D, Section 1 does not seem to support your claim:
"Gift certificate'', a writing identified as a gift certificate purchased by a buyer for use by a person other than the buyer not redeemable in cash and usable in its face amount in lieu of cash in exchange for goods or services supplied by the seller. A gift certificate shall include an electronic card with a banked dollar value, a merchandise credit, a certificate where the issuer has received payment for the full face value for the future purchase or delivery of goods or services and any other medium that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card or other medium for goods, food, services, credit or money of at least an equal value. A gift certificate shall not include pre-paid calling arrangements, as defined in section 1 of chapter 64H, or any electronic card usable with multiple unaffiliated sellers of goods or services.
However, if the person who sold you the passes made misrepresentations about the passes, then you can proceed on a fraud claim or, more easily, under the Massachusetts Consumer Protection act, Chapter 93A. Good luck.