Chapter 168
2023 -- S 0759 SUBSTITUTE A AS AMENDED
Enacted 06/20/2023

A N   A C T
RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- GIFT CARD FRAUD

Introduced By: Senators Gu, Sosnowski, Euer, Mack, Britto, Kallman, DiPalma, and Gallo

Date Introduced: March 23, 2023

It is enacted by the General Assembly as follows:
     SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL
REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:
CHAPTER 59
GIFT CARD FRAUD
     6-59-1. Definitions.
     As used in this chapter, "gift card" means a written promise or electronic payment device
that:
     (1) Is usable at a single merchant or an affiliated group of merchants that share the same
name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers;
     (2) Is issued in a specific amount;
     (3) May or may not be increased in value or reloaded;
     (4) Is purchased and/or loaded on a prepaid basis for the future purchase or delivery of any
goods or services; and
     (5) Is honored upon presentation.
     6-59-2. Posting of notice of gift card fraud at retail establishments.
     No person, firm, partnership, association, retailer, or corporation shall sell a gift card to a
purchaser unless the seller displays a conspicuous notice, in a form prescribed by the department
of business regulation, at or near where the gift card is displayed and at or near the physical location
where the sale occurs, that:
     (1) Cautions the purchaser about prepaid card scams; and
     (2) Instructs the purchaser on what to do if they suspect they might be a potential victim of
such a scam.
     6-59-3. Penalty for violation.
     Any person, firm, partnership, association, corporation, or retail mercantile establishment
that violates the provisions of this chapter shall be subject to a civil penalty of up to two hundred
fifty dollars ($250).
     SECTION 2. This act shall take effect upon passage.
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LC001496/SUB A
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