Bill

Bill > SB985


HI SB985

HI SB985
Relating To Consumer Protection.


summary

Introduced
01/17/2025
In Committee
02/14/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

Establishes a new gift card fraud law, under the scope of unfair and deceptive practices law, which requires merchants and third-party gift card resellers to take certain steps to prevent gift card scams. Requires the conspicuous provision of information regarding terms and conditions of gift certificates, regardless of whether the cards are sold in person, electronically, or telephonically. Extends the minimum redemption period for paper gift certificates to four years. Effective 7/1/2050. (SD1)

AI Summary

This bill addresses gift card fraud and consumer protection by establishing new requirements for merchants and third-party gift card resellers. The legislation was motivated by increased gift card scams during the COVID-19 pandemic, particularly a technique called "gift card draining" where scammers steal card information from store displays before consumers purchase them. The bill requires merchants to keep gift cards in locked display cases, use secure packaging that prevents tampering, and display warning notices about potential scams. For in-person sales, open-loop gift cards (those usable at multiple merchants) must be in packaging that conceals activation codes, while closed-loop gift cards (usable at a single merchant) must have tamper-resistant packaging. Third-party gift card resellers must now maintain detailed transaction records for at least three years, including seller and buyer information, gift card details, and transaction specifics. The bill also extends the minimum redemption period for paper gift certificates from two to four years and mandates that merchants provide training to employees on identifying and preventing gift card fraud. Additionally, the Office of Consumer Protection must create model notices and guidelines to help consumers understand and avoid gift card scams. These provisions aim to increase transparency, protect consumers from fraud, and provide clearer information about gift card terms and conditions.

Committee Categories

Business and Industry, Justice

Sponsors (1)

Last Action

Carried over to 2026 Regular Session. (on 12/08/2025)

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