Chapter 378

2005 -- S 1221

Enacted 07/19/05

 

A N A C T

RELATING TO COMMERCIAL LAW -- UNFAIR SALES PRACTICES

     

     Introduced By: Senators Doyle, Tassoni, and McBurney

     Date Introduced: June 30, 2005   

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 6-13-12 of the General Laws in Chapter 6-13 entitled "Unfair Sales

Practices" is hereby amended to read as follows:

 

     6-13-12. Sales of gift certificates. -- "Gift certificate" means a record evidencing a

promise, made for monetary consideration, by the seller or issuer for the record that goods or

services will be provided to the owner of the record to the value shown in the record and includes,

but is not limited to, a record that contains a microprocessor chip, magnetic strip or other means

of storage of information that is pre-funded and for which the value is decremented upon each

use, a gift card, an electronic gift card, stored-value card or certificate, a store card, a prepaid

telephone card, prepaid long distance telephone service that is activated by a prepaid card that

requires dialing an access number or an access code for each call in addition to dialing the phone

number to which the user of the prepaid card seeks to connect, or a similar record or card. Any

person, firm, or corporation that sells gift certificates for any product or merchandise sold by the

person, firm, or corporation, shall be required to record the sales and keep an accurate and

complete record of each gift certificate sold. The record shall include the date of sale, the full

value of the certificate, the identification number assigned by the retailer to the certificate, and the

state in which the sale of the certificate took place. The retailer shall further be required to give to

the purchaser of gift certificates exceeding fifty dollars ($50.00) a written and numbered receipt

evidencing the sale of the certificate. It shall be unlawful for any person, firm, or corporation of

any kind to charge additional monthly or annual service or maintenance fees on gift certificates or

to limit the time for the redemption of a gift certificate or to place an expiration date upon the gift

certificate. No gift certificate or any agreement with respect to such gift certificate may contain

language suggesting that an expiration date may apply to the gift certificate. Any person, firm, or

corporation that shall violate the provisions of this section shall be punished by a fine of not more

than two hundred dollars ($200). Due to the unlimited redemption period, the division of taxation

shall not escheat the funds paid for those unredeemed gift certificates. Any unused portion of a

redeemed gift certificate shall be afforded to the consumer by reissuing the gift certificate for the

unused amount or providing cash where the balance due the consumer is less than one dollar

($1.00). This section shall not apply to the following:

      (a) General-use prepaid cards issued by a third-party prepaid card issuer which shall

mean plastic cards or other electronic payment devices which are: (1) usable at multiple,

unaffiliated, merchants or service providers and/or at automatic teller machines ("ATMs"); (2)

issued in a requested amount which amount may be, at the option of the issuer, increased to value

or reloaded if requested by the holder; (3) purchased and/or loaded on a prepaid basis by a

consumer and shall not include debit cards linked to a deposit account, or cards purchased by a

business entity; and (4) honored upon presentation by merchants for goods or services, or at

ATMs.

      (b) (a) Gift certificates that are distributed 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. Any restrictions or limitations which such gift certificates

may be subject to must be disclosed to the consumer, in writing, at the time the gift certificates

are distributed to the consumer.

      (c) (b) Cards used for prepaid wireless telephone services will not be subject to this

section until January 1, 2006. Prepaid wireless telephone service or prepaid wireless telephone

card. "Prepaid wireless telephone service" means wireless telephone service that is activated in

advance by payment for a finite dollar amount of service or for a finite set of minutes that

terminate either upon use by a customer and delivery by the wireless provider of an agreed-upon

amount of service corresponding to the total dollar amount paid in advance or within a certain

period of time following the initial purchase or activation, unless additional payments are made.

 

     SECTION 2. This act shall take effect upon passage.     

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LC03663

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