summary
Introduced
01/14/2021
01/14/2021
In Committee
02/24/2021
02/24/2021
Crossed Over
02/18/2021
02/18/2021
Passed
Dead
11/15/2021
11/15/2021
Introduced Session
2021 Regular Session
Bill Summary
Gift certificates and store gift cards. Provides that, after June 30, 2021, a person shall not sell or issue to an Indiana consumer any gift certificate or store gift card with an expiration date unless certain conditions are met. Provides that, with respect to a gift certificate or a store gift card that is sold or issued to an Indiana consumer after June 30, 2021, if at any time after the gift certificate or store gift card is issued or sold: (1) the merchant for which the gift certificate or store gift card was originally sold or issued: (A) for any reason ceases to do business in Indiana; or (B) for any reason: (i) substantially changes; or (ii) ceases to offer; the types of goods or services that were offered to consumers at the time the gift certificate or store gift card was originally sold or issued; and (2) any expiration date: (A) authorized under the bill's provisions; and (B) applicable to the gift certificate or store gift card (or to the underlying funds associated with either) has not elapsed; the merchant for which the gift certificate or store gift card was originally sold or issued shall, upon the request of an Indiana consumer who is the rightful holder of the gift certificate or store gift card, promptly refund to the holder the balance of the underlying funds or provide the holder with the remaining balance in some other manner. Provides that a person that violates the bill's provisions: (1) commits a deceptive act that is actionable by an aggrieved consumer and the attorney general under the deceptive consumer sales act; and (2) is subject to the penalties and remedies set forth in the deceptive consumer sales act. Authorizes the attorney general to adopt rules to implement these provisions.
AI Summary
This bill:
Prohibits the sale or issuance of gift certificates or store gift cards with expiration dates to Indiana consumers after December 31, 2022, unless certain conditions are met. These conditions include providing consumers a reasonable opportunity to purchase cards with at least 5 years until expiration, having an expiration date for the underlying funds of at least 5 years or the card's expiration, and providing specific disclosures on the card. If the merchant for which the card was originally sold ceases operations or substantially changes in Indiana, and the card's expiration date has not elapsed, the merchant must promptly refund the card's remaining balance to the consumer upon request. Violations of these provisions are considered deceptive acts subject to penalties and remedies under the state's deceptive consumer sales act.
Committee Categories
Business and Industry
Sponsors (6)
Tony Cook (R)*,
Blake Doriot (R)*,
R. Michael Young (R)*,
Wendy McNamara (R),
Doug Miller (R),
Bob Morris (R),
Last Action
Senator Doriot added as second sponsor (on 03/08/2021)
Official Document
bill text
bill summary
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bill summary
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bill summary
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