Check a gift card's expiration date and inactivity fee

Key facts

Human involvement

Yellow · Close supervision

How AI is used

From the card or certificate and its terms, record whether the file calls it a gift certificate, a store gift card, or a general-use prepaid card, the issue date or the date funds were last loaded, any expiration date, and any dormancy, inactivity, or service fee, including the amount, how often it is charged, and whether the terms say it is charged for inactivity. Record whether the purchaser was told of the fee before purchase. Do not decide that the card is covered or that a fee is lawful.

What the lawyer must review

The lawyer applies 15 USC 1693l-1. It is unlawful to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date, unless the expiration date is not earlier than five years after the date the gift certificate was issued, or the date card funds were last loaded to a store gift card or general-use prepaid card, and the terms of expiration are clearly and conspicuously stated. It is unlawful to impose a dormancy fee, an inactivity charge or fee, or a service fee unless there has been no activity in the 12-month period ending on the date the fee is imposed, the disclosure requirements are met, not more than one fee is charged in any given month, and any additional requirements the Bureau establishes by rule are met. The disclosures are met if the certificate or card clearly and conspicuously states that such a fee may be charged, the amount, how often it may be assessed, and that it may be assessed for inactivity, and the issuer or vendor informs the purchaser of the fee before purchase, whether in person, over the internet, or by telephone. The definitions exclude a device used solely for telephone services; one that is reloadable and not marketed or labeled as a gift card or gift certificate; a loyalty, award, or promotional gift card as defined by the Bureau; one not marketed to the general public; one issued in paper form only; and one redeemable solely for admission to events or venues on the conditions in the section. A fee prohibition also does not apply to a gift certificate distributed under an award, loyalty, or promotional program, as defined by the Bureau, for which no money or other value is exchanged. The GovInfo page is the 2023 edition and states the same five-year expiration condition. The lawyer decides whether the product is inside the definitions.

Written for / version

United States versionUS