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Bill > AB894


WI AB894

WI AB894
Terms and conditions of gift certificates, gift cards, and other gift obligations and providing a penalty.


summary

Introduced
01/23/2026
In Committee
02/12/2026
Crossed Over
02/19/2026
Passed
Dead

Introduced Session

Potential new amendment
2025-2026 Regular Session

Bill Summary

This bill establishes certain terms and conditions with respect to gift certificates, gift cards, and similar items (gift obligations) that are consistent with federal law concerning such gift obligations. Specifically, under the bill, no person may sell a gift obligation that has an expiration date that is earlier than five years after the date on which the gift obligation was sold or, if the gift obligation is reloadable, five years after the date on which funds were last loaded to the gift obligation. The bill also includes limitations with respect to fees charged in connection with gift obligations. Under the bill, no person may impose a dormancy, inactivity, or service fee on a gift obligation unless all of the following apply: 1. There has been no activity on the gift obligation in the one-year period ending on the date on which the fee is charged. 2. The gift obligation states in a clear and conspicuous manner the amount of any such fee that may be charged, how often the fee may be charged, and, if applicable, that the fee may be charged for inactivity. 3. No more than one such fee is charged in any given month. The Department of Agriculture, Trade and Consumer Protection or a district attorney may enforce the provisions of the bill by bringing an action for a civil penalty of up to $10,000. Also, the bill creates a private right of action by which a person may recover the greater of twice the person’s pecuniary loss or $200 for each violation as well as the person’s costs and attorney fees.

AI Summary

This bill establishes new rules for gift certificates, gift cards, and similar items, referred to as "gift obligations," which are defined as a promise to accept these items as payment up to a certain amount for goods or services. Key provisions include a requirement that gift obligations cannot expire sooner than five years from the date of sale or, if reloadable, five years from the last time funds were added. The bill also places restrictions on fees, prohibiting dormancy, inactivity, or service fees unless there has been no activity for a full year, the fee amount and frequency are clearly stated on the gift obligation itself, and no more than one such fee is charged per month. Enforcement of these provisions can be carried out by the Department of Agriculture, Trade and Consumer Protection or a district attorney, who can seek civil penalties of up to $10,000 per violation. Additionally, individuals who suffer financial losses due to a violation can sue to recover twice their losses or $200, whichever is greater, plus court costs and attorney fees.

Committee Categories

Government Affairs

Sponsors (12)

Last Action

Received from Assembly (on 02/23/2026)

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