§ 14-1319. Gift certificates

   (a) "Gift certificate" defined. --

   (1) In this section, "gift certificate" means a device constructed of paper, plastic, or any other material that is:

      (i) Sold or issued by a person for a cash value that can be used to purchase goods or services; or

      (ii) Issued as a store credit for returned goods.

   (2) "Gift certificate" does not include:

      (i) A prepaid telephone calling card;

      (ii) A prepaid technical support card;

      (iii) A prepaid card for Internet services;

      (iv) A coupon for discounted goods or services;

      (v) A gift certificate that is distributed to an individual under an awards, loyalty, or promotional program in which the recipient does not give money or value for the gift certificate; or

      (vi) A gift card that:

         1. Is processed through a national credit or debit card service; and

         2. May be used to purchase goods or services from multiple unaffiliated sellers of goods or services.

(b) Prohibition of selling gift certificates under certain conditions. -- A person may not sell or issue a gift certificate that, within 4 years after the date of purchase, is subject to expiration or a fee or charge of any kind.

(c) Disclosure of terms and conditions. -- Any term or condition concerning expiration or a fee or charge that takes effect more than 4 years after the date of purchase must be printed clearly in at least 10 point type in a visible place on:

   (1) The front or back of the gift certificate;

   (2) A sticker permanently affixed to the gift certificate; or

   (3) An envelope containing the gift certificate.

(d) Change of terms and conditions. -- Unless the change benefits the consumer, a term or condition disclosed under subsection (c) of this section may not be changed after the date of purchase or issuance.

(e) Validity of gift certificates sold in violation of section. -- A gift certificate that is sold or issued in violation of this section shall be considered valid and may not be subject to expiration or any fee or charge.

(f) Enforcement and penalty. -- A violation of any provision of this section:

   (1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

   (2) Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13-411 of this article.

HISTORY: 2005, ch. 456.