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MA gift certificate laws and gift card laws

Started shopping this week and a shocking number of people on my list want gift certificates instead of something I have to wrap. Can you please summarize all the MA gift certificate laws and gift cards laws? I guess my first question is whether the law is different depending on whether you get a gift card or a gift certificate? Thanks.

Editor's Response

No, the law accounts for differences between gift cards and gift certificates, but the general rules apply to both in the same way. The easiest way spell out the most important MA gift certificate laws is to paraphrase the relevant portions of Massachusetts General Laws Chapter 200A, Section 5D.  Here goes:

 

(1)  Gift certificates must be valid for at least 7 years after the date of issuance.

(2)  For gift certificates, the date of issuance and the expiration date must be clearly identified on its face. 

(3)  For electronic gift cards, the date of issuance and the expiration date must be clearly printed upon a sales receipt transferred to the purchaser of the electronic card upon the completed transaction, or otherwise made available to the purchaser or holder of the electronic card through means of an Internet site or a toll free telephone line.

(4)  If the gift card or gift certificate does not satisfy number 2 or 3, above, then it shall be redeemable forever.

(5)  If you have a gift certificate or card which prohibits you from adding value thereto and which has been redeemed for at least 90 per cent of its face value, you can elect to receive the balance in cash or continue using the gift certificate.

(6)   If you have a gift certificate or card which authorizes you to add value thereto and which has been redeemed in part, such that the value remaining is $5.00 or less, you can elect to receive the balance in cash or continue using the gift certificate.

 

Also, remember that if you buy a gift certificate in one of our neighboring states then, obviously, MA law does not apply.  In that case, check with the store and ask detailed questions about the above discussed issues.  An issue that often comes up is whether stores can impose yearly charges on gift cards that remain unused for a certain amount of time.  The practice is illegal in Massachusetts, but may be allowed in other states.  For more information or to post a question, visit our MA Consumer Law Discussion Forum.

UPDATE:  New federal regulations (12 CFR pt. 205, effective Aug. 22, 2010) restrict dormancy, inactivity, or service fees for gift cards or gift certificates.

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