4-88-703. Regulation of unfair and deceptive acts and practices in connection with gift cards.

4-88-703. Regulation of unfair and deceptive acts and practices in connection with gift cards. (a) A person shall not sell or issue a gift certificate, a store gift card, or a general use prepaid card that is subject to an expiration date earlier than two (2) years from the date of issuance or sale of the gift certificate, store gift card, or general use prepaid card. (b) A dormancy fee, an inactivity charge or fee, or a service fee shall not be charged on a gift certificate, a store gift card, or a general use prepaid card before two (2) years from the date of issuance or sale of the gift certificate, store gift card, or general use prepaid card. (c) Upon the expiration of the two-year time period referenced in subsection (b) of this section, a gift certificate, a store gift card, or a general use prepaid card may be subject to expiration or a postsale fee, including a service fee, a dormancy fee, an account maintenance fee, a cash-out fee, a gift card replacement fee, an activation fee, or a reactivation fee if the following disclosures are printed clearly in a conspicuous place on the front or back of the gift certificate, the store gift card, or the general use prepaid card in at least 10-point type: (1) The date on which the gift certificate, the store gift card, or the general use prepaid card expires; and (2) With respect to a postsale fee: (A) The amount of the fee; (B) The circumstances under which the fee will be imposed; (C) The frequency with which the fee will be imposed; and (D) Whether the fee is triggered by inactivity. (d) If the disclosures required by subsection (c) of this section are hidden by the packaging of the gift certificate, the store gift card, or the general use prepaid card, the seller or issuer shall give the purchaser a written statement of the disclosures before the gift certificate, the store gift card, or the general use prepaid card is sold or issued. (e)(1) If a gift certificate, a store gift card, or a general use prepaid card is sold or issued by electronic means, the seller or issuer shall include a conspicuous written statement of the information required by subsection (c) of this section in the electronic message offering the gift certificate, the store gift card, or the general use prepaid card. (2) If a gift certificate, a store gift card, or a general use prepaid card is sold or issued by telephonic means, the seller or issuer shall state the information required by subsection (c) of this section to the purchaser. (f) A term or condition disclosed under subsection (c) of this section shall not be changed after the date of purchase or issuance of the gift certificate, the store gift card, or the general use prepaid card unless the change benefits the holder of the gift certificate, the store gift card, or the general use prepaid card.