|
|
To enact section 1349.19 of the Revised Code to | 1 |
prohibit the sale of a gift card that has an | 2 |
expiration date that is less than two years after | 3 |
the date the gift card is issued and to prohibit, | 4 |
for two years after issuance, any service charges | 5 |
or fees having the effect of reducing the value of | 6 |
the gift card. | 7 |
Section 1. That section 1349.19 of the Revised Code be | 8 |
enacted to read as follows: | 9 |
Sec. 1349.19. (A)(1) Subject to division (C) of this | 10 |
section, no person or entity shall sell a gift card to a purchaser | 11 |
containing an expiration date that is less than two years after | 12 |
the date the gift card is issued. | 13 |
(2) No person or entity, within two years after a gift card | 14 |
is issued, shall charge service charges or fees relative to that | 15 |
gift card, including dormancy fees, latency fees, or | 16 |
administrative fees, that have the effect of reducing the total | 17 |
amount for which the holder of the gift card may redeem the gift | 18 |
card. | 19 |
(B) A gift card sold without an expiration date is valid | 20 |
until redeemed or replaced with a new gift card. | 21 |
(C) Division (A) of this section does not apply to any of the | 22 |
following gift cards: | 23 |
(1) A gift card that is distributed by the issuer to a | 24 |
consumer pursuant to an awards, loyalty, or promotional program | 25 |
without any money or anything of value being given in exchange for | 26 |
the gift card by the consumer; | 27 |
(2) A gift card that is sold below face value at a volume | 28 |
discount to employers or to nonprofit and charitable organizations | 29 |
for fundraising purposes, if the expiration date on that gift card | 30 |
is not more than thirty days after the date of sale; | 31 |
(3) A gift card that is sold by a nonprofit or charitable | 32 |
organization for fundraising purposes; | 33 |
(4) A gift card that an employer gives to an employee if use | 34 |
of the gift card is limited to the employer's business | 35 |
establishment, which may include a group of merchants that are | 36 |
affiliated with that business establishment; | 37 |
(5) A gift certificate issued in accordance with section | 38 |
1533.131 of the Revised Code that may be used to obtain hunting | 39 |
and fishing licenses, fur taker, special deer, and special wild | 40 |
turkey permits, and wetlands habitat stamps. | 41 |
(D) Whoever violates division (A)(2) of this section is | 42 |
liable to the holder for any amount that the redemption value of | 43 |
the gift card was reduced, any court costs incurred, and | 44 |
reasonable attorney's fees. | 45 |
(E) As used in this section: | 46 |
(1) "Gift card" means a certificate, electronic card, or | 47 |
other medium issued by a merchant that evidences the giving of | 48 |
consideration in exchange for the right to redeem the certificate, | 49 |
electronic card, or other medium for goods, food, services, | 50 |
credit, or money of at least an equal value, including any | 51 |
electronic card issued by a merchant with a monetary value where | 52 |
the issuer has received payment for the full monetary value for | 53 |
the future purchase or delivery of goods or services and any | 54 |
certificate issued by a merchant where the issuer has received | 55 |
payment for the full monetary face value of the certificate for | 56 |
the future purchase or delivery of goods and services. "Gift card" | 57 |
does not include a prepaid calling card used to make telephone | 58 |
calls. | 59 |
(2) "Employer" and "employee" have the same meanings as in | 60 |
section 4121.01 of the Revised Code. | 61 |