California Law, and Gift Certificate Expiration Dates and redemption

[riznick]

I have seen some people complain about expiration dates on gift certificates.
After inquiring to amazon.com, I found out that it is unlawful to have an
expiration date on a gift certificate in california.

I inquired to Amazon.com about a $10 promotional. GC that I received.
It had an expiration date, that I didnt know if I could fullfill. They told me
that as long as I am a resident of California, none of my gift certificates
will expire.

This was the response:

Greetings from Amazon.com.

A few states have developed different legal guidelines for gift
certificates and we are happy to comply. In CA, no gift certificate
can have an expiration date. There are only four states which have these
guidelines for gift certificates at the present time. We at Amazon.com
have not changed our gift certificates for just four states. Your gift
certificate will not expire as long as you live in California, unless of
course, they change the legal guidelines for gift certificates.


They later went on to say that if I had a gift certificate that expired, I could
simply request a new one.

edit:
From http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1749.5
1749.5. (a) On or after January 1, 1997, it is unlawful for any
person or entity to sell a gift certificate to a purchaser containing
an expiration date. Any gift certificate sold after that date shall
be redeemable in cash for its cash value, or subject to replacement
with a new gift certificate at no cost to the purchaser or holder.
(b) A gift certificate sold without an expiration date is valid
until redeemed or replaced.
(c) This section shall not apply to any of the following gift
certificates issued on or after January 1, 1998, provided the
expiration date appears in capital letters in at least 10-point font
on the front of the gift certificate:

1. (1) Gift certificates that are distributed by the issuer to a
   consumer pursuant to an awards, loyalty, or promotional program
   without any money or other thing of value being given in exchange for
   the gift certificate by the consumer.
   (2) Gift certificates that are sold below face value at a volume
   discount to employers or to nonprofit and charitable organizations
   for fundraising purposes if the expiration date on those gift
   certificates is not more than 30 days after the date of sale.
   (3) Gift certificates that are issued for a food product.

 

[normajean]

we know

 

[monkeyserverdotcom]

normajean, you aren't everyone....
That could be useful info, not everyone has hit every thread, or been here for months (or years)

What are the other states?

I though MA had something similar...

 

[Fishmonger]

I live in California and didn't know that, thanks for the heads up!

 

[dc]

whoa, this rocks. time to dig up my gc's that expired a month or two ago.

thanks for the info.

 

[AAman]

thanks, got some of these sitting in my inbox that I need to burn for Xmas

 

[tazmania99]

Beside California, what are the other three States?

 

[LivinLaVivaPollo]

What about gift certs for places that go out of business? I had a 40 dollar gift cert for Crown books... :| I don't suppose this also applies to rebate checks does it?

 

[hashbrowns]

yea what are the other states?

 

[noxxic]

Hmm... Shouldn't "gift cards" be the same? I have one of these from Circuit City, completely forgot about it and when I tried to redeem it I was told it expired. I'm in CA also... Anyone know of a page I could show them?

 

[FriedToast]

Normajean- Thank you for speaking up on behalf of all of us ATers that didn't know about this.

 

[crypticlogin]

<< But common though this problem must be, only a few states' laws have dealt with it. Since you live in California, you're in luck. It's against California law to put time limits on gift certificates (with a few exceptions, including gift certificates for food, from nonprofit fundraisers and from awards programs). In New Hampshire, gift certificates under $100 cannot have an expiration date. Restaurant diners in Rhode Island can also rejoice; their gift certificates cannot expire. And in Hawaii and Massachusetts, a gift certificate must be honored for two years. >>



http://www.nolo.com/auntie/question_726.html

I wouldn't consider this all inclusive. Maybe someone else can dig up something more detailed?

 

[TyroneWashington]

OMG! This is hot, it also means that those promotional certs for sephora can't expire either! woooooooohoooooooooo!

 

[RudeBoie]

Good info! Once had an Amazon GC I had to burn because of an exp. date.

 

[ShyambaJuice]

Just wondering...

In the case of Amazon.com and Sephora.com... if the GC expires and we decide to use it (CA residents), do we just call or email them and point out the law and they'll send us hook us up? Now this is hot. This reminds me of that MSN membership stuff where people in CA got the $400 rebate and then were able to cancel after one or two months because of state law.

Gotta love this state. No smoking in public places and lots of consumer benefits... except, of course, the high sales tax.

 

[RudeBoie]

<<
of course, the high sales tax. >>



I like to think that it goes towards our awesome public school system

 

[Ribbet]

...[this] also means that those promotional certs [from ???] can't expire

Not sure that conclusion necessarily flows from these laws. Maybe someone could clarify/answer this:

Are "promotional" certificates legally identical to "gift" certificates?

Seems to me they'd be technically (and legally) different. And I believe many web sites treat them differently as well. For example, one can often "stack" gift certs (like cash), but one may **not** be able to stack "promo" certs.

Anyone?

 

[Sondra]

Great information.

I'd also read online that in California, retailers must give cash for gift certificates. When I asked Circuit City and CompUSA if I could get cash for their gift certificates--or even change when I bought something for less, they said no. After reading this thread,I looked it up. The "no expiration date" and "redeemable by cash" are in the same the law, according to http://www.cardreport.com/laws/california/1749-5.html

TITLE 1.4A. GIFT CERTIFICATES
California Civil Code Section 1749.5

1749.5. (a) On or after January 1, 1997, it is unlawful for any person or entity to sell a gift certificate to a purchaser containing
an expiration date. Any gift certificate sold after that date shall be redeemable in cash for its cash value, or subject to replacement
with a new gift certificate at no cost to the purchaser or holder.

(b) A gift certificate sold without an expiration date is valid until redeemed or replaced.

(c) This section shall not apply to any of the following gift certificates issued on or after January 1, 1998, provided the expiration date appears in capital letters in at least 10-point font on the front of the gift certificate:

(1) Gift certificates that are distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or other thing of value being given in exchange for the gift certificate by the consumer.

(2) Gift certificates that are sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes if the expiration date on those gift certificates is not more than 30 days after the date of sale.

(3) Gift certificates that are issued for a food product.

It still looks unclear, though, as if they can give you another gift certificate instead of cash.

 

[riznick]

Sondra:
Good point. I forgot totally about that. I tried to redeem a Gift Certificate for cash at Mervyns a year ago.
I got the gift certificate as a christmas present. I bought something small and had gc credit left over. I asked
for cash, but they said they couldnt do it. I brought up the law. They still wouldnt do it. They said they would
only redeem the cash to the person who purchased the GC.

I also received a Barnes and Noble gift certificate from mypoints, that I earned. After 2 messed up online orders
I asked them for the money value. They said they would only reimburse the person who purchased the Gift Certificate.

I wonder how this works into the law.

And I have always referenced civil code 1749.5.a

 

[Ribbet]

Thanks for the info. Sondra.

Based on what you posted, it seems that at least CA's law/protection **may not** apply to "promotional" certificates (which, therefore, **can** expire)::

(c) This section shall not apply to any of the following gift certificates....

(1) Gift certificates that are distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or other thing of value being given in exchange for the gift certificate by the consumer.

==========

You also said: It still looks unclear, though, as if they can give you another gift certificate instead of cash.

My take on what you posted suggests that it's the **merchant's option** to decide whether to give you cash or a new GC, which would probably apply to any "unused balance" as well. So if you wanna buy something for less than the face value of the GC, it might make sense to try to first get the merchant to **redeem the entire GC for cash**, then buy what you need and pocket the rest.

 

[dentalboy]

yep agree, how is that good for us?

 

[TurtleMan]

i heard of it before, but now think of it.. okay let see
i recived Eddie Bauer's 15 dollar GC, but on it it said it is valid before nov.15
so you are sayin if i live in california, i can still use the GC even tho the expireation date over ?

 

[DanFungus]

I'm in CA, and didn't know that either. Thanks!

 

[amnesiac]

What it boils down to is this:

If you (or someone else) paid ANY amount for a GC in CA, it cannot expire.

I.e., the Sephora GCs, etc., can expire anytime b/c they were given to you with nothing paid on your part.


I think this only applies to retail items though.. food items may be able to carry an exp. date on the gcs.. I could be wrong.

 

[RushWilliams]

noxxic stated :

<< Hmm... Shouldn't "gift cards" be the same? I have one of these from Circuit City, completely forgot about it and when I tried to redeem it I was told it expired. I'm in CA also... Anyone know of a page I could show them? >>



I believe so. I had a Blockbuster $5 gift card that expired in Dec 2000 while I lived in NC. On the back, it stated the expiration date and excluded several states (CA bing one of them). Since I knew at the time that I was moving to CA, I kept the gift card and used it this past June. I've recently gotten a new Blockbuster $5 gift card (my wife gets them as part of some internet points program) and the back of it just states "Expiration date void where prohibited by law".

I would think the same would apply for phone cards, and other giftcards.