Be sure you are familiar with the laws on selling and redeeming gift certificates. Texas and the federal government have several laws on point with regard to gift cards issued both in paper form and via electronic gift cards.
Paper gift certificates (i.e. not an electronic gift certificate) can expire on a set date after purchase, but the seller of the gift certificate must:
Clearly and conspicuously state the expiration date on the certificate itself, and
Disclose the expiration date to the purchaser at the time the purchase is made—regardless if purchased in person, by phone, over the internet, etc.
The same disclosure requirements apply to electronic gift certificates, plus the certificate may not expire for at least five years from the date of purchase.
Also, note that prior to 2010, most expiration disclosure requirements did not apply to gift certificates donated for a charitable purpose. However, federal law effective in 2010 has done away with most of the distinctions between a gift certificate sold to a consumer and a gift certificate donated for charitable purposes. As such, THLA recommends that lodging operators always treat paper and electronic gift certificates donated to charity as subject to the above noted requirements.
It is possible to charge fees for maintaining balances on gift cards, but only if the law on point is closely followed. The issuer of an electronic gift card may impose or collect a fee that causes the unredeemed balance of the card to decrease if:
the fee is reasonable,
the fee is not assessed until at least one year from the date the card was sold or issued, and
the fee is to the purchaser at the time the purchase is made—regardless if purchased in person, by phone, over the internet, etc.
However, a merchant accepting an electronic gift card may not assess a transaction or processing fee when the card is redeemed.
Effective September 1, 2015, if a gift card is redeemed in person to make a purchase, and the card’s balance is less than $2.50 following the purchase, at the consumer’s request, the retailer must refund the balance of the card to the consumer in cash.
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