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- The law applies broadly to any gift certificate sold or offered by all retailers and restaurants operating in California who transact business in the state. This encompasses physical store locations plus online and mobile application sales originating from or tied to a California business address.
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You may also want to purchase a gift card for yourself from a business that you patronize regularly. This legal guide answers common questions about gift certificates and gift cards sold after January 1, 2004, with respect to California law.
People also ask
Can you buy a gift card from a business in California?
Does California law pre-empt gift certificates & gift cards?
How does California gift card law protect consumers?
Can you use a gift card to pay tips in California?
The California gift card law packs a strong consumer protection punch by imposing these key provisions and restrictions: Gift certificates cannot expire: Retailers cannot set expiration dates resulting in funds being forfeited if unused by a certain calendar date.
Jan 25, 2010 · The federal District Court, Southern District of California, issued the first decisions interpreting Section 1749.5 (b) of California’s Gift Card Law since its amendment in 2007 confirming that merchants have the right to refuse to redeem a gift card for cash where the balance is $10 or more.
Click on your state below to find out everything you need to know. Federal Regulations: ( rules that apply regardless of where you live ) Gift cards cannot expire before five years from date of purchase. Reloadable gift card funds are valid for five years from the date of the most recent reload.
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- Related Pages
What are junk fees, and are they illegal in California?
Junk fees are where a business tacks on surcharges or other fees without notifying you about these upfront. These are often added by restaurants at the end of the bill. As of July 1, 2024, these fees are illegalin California.
What are my rights regarding debt collection?
See our page on What Happens if Your Account is Sent to Collections?
Is price gouging illegal in California?
Yes, it is illegal to increase the price of a product or service more than 10% in the 30 days following a declaration of a state of emergency.1California Penal Code Sec 396
Do I have the right to know what information a business has about me and get it removed?
As of January 2020, Californians have new rights under the California Consumer Privacy Act: 1. Right to know what “personal information” a business has about you (whether collected online OR offline). 2. Right to have companies delete that personal information. This is often referred to as the “right to be forgotten.” 3. Right to opt-out or prohibit companies from selling that information. Children under the age of 16 must provide opt inconsent, with a parent or guardian consenting for childr...
What happens if a company gets hacked and my information is stolen?
Under the California Consumer Privacy Act, you will be able to sue companies if a data breach leads to your unencrypted information being exposed or stolen. 7These rights come from the recently passed California Consumer Privacy Act (CCPA). AB 375 (2018)
Is telemarketing legal?
Companies must check the national “Do Not Call” registry before calling you, and if you and if you are on the list they cannot call you. However, this does not apply to non profits or charities, political calls, debt collectors, or surveys.
Help! I signed a contract but now I changed my mind. What are my options?
Cancelling certain types of contracts: In California, you have the right to cancel contracts (no reason necessary) for certain types of sales or transactions, such as dental services or gym memberships, within a specified time period after signing the contract. These are often referred to as cooling off periods. Usually the seller is not allowed to charge you a cancellation fee or termination fee (we will specify when the seller is allowed to do so), but may charge a prorated amount for any t...
Does my bank need to ask me before signing me up for overdraft protection?
Yes. If you attempt to pay for something but don’t have enough money in your bank account, your bank is not allowed to automatically let the transaction to go through and then charge you an overdraft fee. It MUST ask you whether you want to make the overdraft & pay the fee OR have the bank decline the transaction.13Federal Reserve regulations found in 12 CFR Part 205
When must my bank legally make my deposited funds available?
If you make a deposit to a bank in person, the bank must make the funds available by the next business day. If you make a deposit electronically after business hours, the bank must make the funds available by the second business day.1412 CFR 229.10
Are there any rules about depositing large amounts of money?
Yes. If you deposit in a bank more than $10,000 cash (meaning actual bills, not checks, except cashier’s check) at a time, the bank must report this to the IRS.1531 USC 5313 Also if you make several deposits of less than $10,000 that are “structured” in order to evade reporting requirements, this is a crime.16Bank Secrecy Act at 31 USC 5324
Can a gift certificate or gift card have an expiration date?
Generally, no, except for those that:20California Civil Code Section 1749.5 1. can be used with multiple unaffiliatedsellers, 2. are given at no charge as part of a loyalty or rewards program, OR 3. are issued for perishable food items.
Does a retailer have to give me the cash value of a gift card or certificate?
Only if it’s worth less than $10.21California Civil Code section 1749.5(b)(2)
Can a gift card have a service fee?
Generally no, with some exceptions.22Exceptions are those where: (1) The remaining value of the gift card is five dollars ($5) or less each time the fee is assessed. (2) The fee does not exceed one dollar ($1) per month. (3) There has been no activity on the gift card for 24 consecutive months, including, but not limited to, purchases, the adding of value, or balance inquiries. (4) The holder may reload or add value to the gift card. (5) A statement is printed on the gift card in at least 10-...
There are many more consumer rights on the federal level. See our Guide to Laws for Consumers in the U.S.
To cancel a contract: In order to cancel, you only need to give the seller written notice (send a letter or email) of cancellation within the period allowed. Be sure to keep a record of this letter or email. To exercise your other consumer rights: If you feel that one or more of the above laws applies to you, you should first talk to the seller/ban...
Guide to Laws for Consumers in the U.S. Privacy Laws Business Law See all Legal Guides Photo credit: Photo by charlesdeluvio on Unsplash
Generally, that it is “issued on a prepaid basis primarily for personal, family, or household purposes to a consumer in a specified amount.”. Federal law creates different categories of ‘gift certificate,’ ‘store gift card,’ ‘general use prepaid card.’. See TABLE B below.
Feb 26, 2020 · The California law on validity of gift cards and gift certificates does not apply if the card can be used anywhere, such an American Express, Mastercard, or Visa gift card. Currently there are no guidelines affecting the right to use a gift card to pay tips.
