General-use prepaid cards, gift certificates, and store gift cards

15 U.S.C. § 1693l–1
in effect
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(a) DefinitionsIn this section, the following definitions shall apply:(1) Dormancy fee; inactivity charge or feeThe terms “dormancy fee” and “inactivity charge or fee” mean a fee, charge, or penalty for non-use or inactivity of a gift certificate, store gift card, or general-use prepaid card. (2) General use 11 So in original. Probably should be “General-use”. prepaid card, gift certificate, and store gift card(A) General-use prepaid cardThe term “general-use prepaid card” means a card or other payment code or device issued by any person that is—(i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines; (ii) issued in a requested amount, whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder; (iii) purchased or loaded on a prepaid basis; and (iv) honored, upon presentation, by merchants for goods or services, or at automated teller machines. (B) Gift certificateThe term “gift certificate” means an electronic promise that is—(i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount that may not be increased or reloaded; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (C) Store gift cardThe term “store gift card” means an electronic promise, plastic card, or other payment code or device that is—(i) redeemable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; (ii) issued in a specified amount, whether or not that amount may be increased in value or reloaded at the request of the holder; (iii) purchased on a prepaid basis in exchange for payment; and (iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. (D) ExclusionsThe terms “general-use prepaid card”, “gift certificate”, and “store gift card” do not include an electronic promise, plastic card, or payment code or device that is—(i) used solely for telephone services; (ii) reloadable and not marketed or labeled as a gift card or gift certificate; (iii) a loyalty, award, or promotional gift card, as defined by the Bureau; (iv) not marketed to the general public; (v) issued in paper form only (including for tickets and events); or (vi) redeemable solely for admission to events or venues at a particular location or group of affiliated locations, which may also include services or goods obtainable—(I) at the event or venue after admission; or (II) in conjunction with admission to such events or venues, at specific locations affiliated with and in geographic proximity to the event or venue. (3) Service fee(A) In generalThe term “service fee” means a periodic fee, charge, or penalty for holding or use of a gift certificate, store gift card, or general-use prepaid card. (B) ExclusionWith respect to a general-use prepaid card, the term “service fee” does not include a one-time initial issuance fee. (b) Prohibition on imposition of fees or charges(1) In generalExcept as provided under paragraphs (2) through (4), it shall be unlawful for any person to impose a dormancy fee, an inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. (2) ExceptionsA dormancy fee, inactivity charge or fee, or service fee may be charged with respect to a gift certificate, store gift card, or general-use prepaid card, if—(A) there has been no activity with respect to the certificate or card in the 12-month period ending on the date on which the charge or fee is imposed; (B) the disclosure requirements of paragraph (3) have been met; (C) not more than one fee may be charged in any given month; and (D) any additional requirements that the Bureau may establish through rulemaking under subsection (d) have been met. (3) Disclosure requirementsThe disclosure requirements of this paragraph are met if—(A) the gift certificate, store gift card, or general-use prepaid card clearly and conspicuously states—(i) that a dormancy fee, inactivity charge or fee, or service fee may be charged; (ii) the amount of such fee or charge; (iii) how often such fee or charge may be assessed; and (iv) that such fee or charge may be assessed for inactivity; and (B) the issuer or vendor of such certificate or card informs the purchaser of such charge or fee before such certificate or card is purchased, regardless of whether the certificate or card is purchased in person, over the Internet, or by telephone. (4) ExclusionThe prohibition under paragraph (1) shall not apply to any gift certificate—(A) that is distributed pursuant to an award, loyalty, or promotional program, as defined by the Bureau; and (B) with respect to which, there is no money or other value exchanged. (c) Prohibition on sale of gift cards with expiration dates(1) In generalExcept as provided under paragraph (2), it shall be unlawful for any person to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date. (2) ExceptionsA gift certificate, store gift card, or general-use prepaid card may contain an expiration date if—(A) the expiration date is not earlier than 5 years after the date on which the gift certificate was issued, or the date on which card funds were last loaded to a store gift card or general-use prepaid card; and (B) the terms of expiration are clearly and conspicuously stated. (d) Additional rulemaking(1) In generalThe Bureau shall—(A) prescribe regulations to carry out this section, in addition to any other rules or regulations required by this subchapter, including such additional requirements as appropriate relating to the amount of dormancy fees, inactivity charges or fees, or service fees that may be assessed and the amount of remaining value of a gift certificate, store gift card, or general-use prepaid card below which such charges or fees may be assessed; and (B) shall 22 So in original. The word “shall” probably should not appear. determine the extent to which the individual definitions and provisions of this subchapter or Regulation E should apply to general-use prepaid cards, gift certificates, and store gift cards. (2) ConsultationIn prescribing regulations under this subsection, the Bureau shall consult with the Federal Trade Commission. (3) Timing; effective dateThe regulations required by this subsection shall be issued in final form not later than 9 months after May 22, 2009.

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