Bill > H1611

This bill adds two new sections to Massachusetts state law that specifically address gift card fraud, providing clear definitions and establishing criminal penalties. Section 37F defines key terms like "gift card," distinguishing between closed-loop cards (usable at a single merchant or group of merchants) and open-loop cards (usable at multiple unaffiliated merchants), and introduces legal definitions for terms such as "cardholder," "card issuer," and "value." Section 37G outlines three primary gift card-related criminal offenses: (1) acquiring or retaining possession of a gift card or its redemption information without consent, which is considered larceny; (2) altering or tampering with a gift card, which constitutes forgery; and (3) using fraudulently obtained gift card information to obtain money, goods, or services. The bill introduces a specific threshold for felony larceny, where if the total value of fraudulently obtained goods or services exceeds $1,200 within a six-month period, the offense escalates from a misdemeanor to a felony. This legislation aims to provide law enforcement with clear legal tools to prosecute gift card-related fraud and protect consumers and businesses from financial losses.

Justice

https://malegislature.gov/Bills/194/H1611