Gift Certificate Expiration

[aim900]

What is the name of your state? California

I read there are laws against gift certificates expiring.

I have a gift certificate from a spa and it states in bold lettering at the bottom, "Certificate expires one year from issuance date - Expiration date may NOT be changed or Extended."

My mother bought this certificat for me last year and i just want to make sure that the laws are still the same:

Is it ILLEGAL to put an expiration date on a consumer paid gift certificate? Or to enforce it anyway?

Is that still the case? Before I try to schedule an appointment after the 31st of December (when it supposedly expires) I would like to know for sure -- before I (might possibly) lose money.

This spa is great, but the customer service sucks. I tried to get them to extend a certificate by ONE day a couple years back and they would NOT! Not even one f'ing day! I hate them, but my mother thought I liked them and spent the money so I'd like to use it.

Thanks so much for your input!!

Aim

 

[I AM ALWAYS LIABLE]

My response:

As you will read, below, there are a few exceptions to California’s Gift Certificate Expiration law. Expiration dates are permitted on gift certificates issued for food, or sold to employers or charities for fund-raising purposes, or distributed as part of a customer rewards program.

But, generally speaking, unless any one of the above exceptions apply, expiration dates are unlawful and unenforceable.

California Civil Code section 1749.5.
(a) On or after January 1, 1997, it is unlawful for any person or entity to sell a gift certificate to a purchaser containing an expiration date. Any gift certificate sold after that date shall be redeemable in cash for its cash value, or subject to replacement with a new gift certificate at no cost to the purchaser or holder.
(b) A gift certificate sold without an expiration date is valid until redeemed or replaced. (c) This section shall not apply to any of the following gift certificates issued on or after January 1, 1998, provided the expiration date appears in capital letters in at least 10-point font on the front of the gift certificate: (1) Gift certificates that are distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or other thing of value being given in exchange for the gift certificate by the consumer. (2) Gift certificates that are sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes if the expiration date on those gift certificates is not more than 30 days after the date of sale. (3) Gift certificates that are issued for a food product.


So, go ahead and throw the above law in their face. When the $5.50 per hour receptionist continues to reject your Gift Certificate because no one trained him/her properly about the above law, then merely say, "Perhaps you'll be able to explain your decision to the Attorney General's Office of California, and also to a judge when I sue this company."

IAAL

 

[nailtech]

IAAL, do you know how Texas stands on this issue, because I deal in GC's and have never heard about any limitations on Expiration dates... TIA... and I'm hoping were not breaking any laws...

 

[Frank Barns]

same question dif state

I received a gift certificate for golf lessons a while ago, I didn't take notice of the expiration date and its now expired. Does NYS allow this practice? The GC was issued 09/00 The cost was about 500 bucks.

Thanks

Frank

 

[I AM ALWAYS LIABLE]

My response:

To Nailtech and Frank - -

Look, every so often this question pops up and, due to it's relatively rare appearance on these forums, we go ahead and respond with an answer for THAT particular poster's State.

However, like me and the rest of the contributors to FreeAdvice, you too can use the Internet to find the answers to these same questions. How do you think we do it?

There are search engines you can use to find your answers, just like we use. There's no sense in having the contributors give the same or similar answers for all 50 States - - so, use the search engine that came with your browser and you'll find the answers just like we do.

IAAL

 

[nailtech]

Now IAAL, you know I'm good at research, and I do it all the time for other people, and I did research before I asked my question to you, and could not find my answer.
Thats why I went straight to the OZ with my question because I trust you and look forward to your every answer...

 

[I AM ALWAYS LIABLE]

Now IAAL, you know I'm good at research, and I do it all the time for other people, and I did research before I asked my question to you, and could not find my answer.
Thats why I went straight to the OZ with my question because I trust you and look forward to your every answer...

My response:

Nailtech - -

This took me 15 seconds to locate.

Copy and paste this link into your browser without the on each side: [url]http://www.chron.com/cs/CDA/story.hts/business/lipman/1538528

IAAL

 

[nailtech]

My response:

Nailtech - -

This took me 15 seconds to locate.


IAAL

***********************************************
see I knew you were the OZ. now the question is,..... was I needing courage, brains, or a heart?

well lets just not answer that one ok... some things are better left unknown.... hehehe..

THANKS....... your a sweetie....

thats why I couldn't find it, I was looking under Texas statutes, not newpaper clippings... hehehe... your a sweetie, and thanks agian... your help is much appreciated...

 

[nailtech]

oh and the other day I loved your push on hmmbrdzz I tried to warn him/her when they hit the "Enter" button not to put the fonts on San Fran. style,..... what I was saying in a round about way is... they just Entered it up the @$$, they said they would try,...... I think it went way over there head.......hehehehehe..........

 

[Frank Barns]

A reply to the self proclaimed genius IAAL

Thank you so very much for your valuable input. (sarcastic)
For your information I used a few search engines with various inputs looking for my information. Such as, "Gift Certificate" Gift, Certificate as a search within these results, and then NYS all with very little success. In fact this is how I came across this website. I also sent an email to a friend of mine at a law firm in the city asking if an intern could do some research on Westlaw or http://www.lexisnexis.com/. After about ten pages of goggle I decided to post a question that people COULD reply to if they WANTED to with relevant advice. Unfortunately a buffoon such as yourself with a chip on your shoulder decided to get on his horse and give worldly advice that is worth zero. Advise as to what you do and how you find your information is pointless and a waste of time. However. if you did the search and detailed exactly how you did it, which search engines you used and how your narrowed your results, that would be worthy advice and meaning full to the community that reads this forum. Unless your type about 400 words minute, which is unheard of, you could have just answered the question and saved yourself about 3 minutes of useless typing. I see in your post above mine you give user Nailtech a url and say it took 15 seconds to find it. Well your self loathing paragraph is over 100 words. Congratulations you found an article in a new paper for her state with a relevant question. Exactly what I have been trying to do with no luck. So... I will just attempt to contact the merchant and ask for a compromise. I wanted to have my facts in order before contacted the merchant but that might not be possible

lastly, the search engine as you state does not come with the browser, the browser is simply an interface to many search engines available on the internet.

 

[I AM ALWAYS LIABLE]

Re: A reply to the self proclaimed genius IAAL

Thank you so very much for your valuable input. (sarcastic)
For your information I used a few search engines with various inputs looking for my information. Such as, "Gift Certificate" Gift, Certificate as a search within these results, and then NYS all with very little success. In fact this is how I came across this website. I also sent an email to a friend of mine at a law firm in the city asking if an intern could do some research on Westlaw or http://www.lexisnexis.com/. After about ten pages of goggle I decided to post a question that people COULD reply to if they WANTED to with relevant advice. Unfortunately a buffoon such as yourself with a chip on your shoulder decided to get on his horse and give worldly advice that is worth zero. Advise as to what you do and how you find your information is pointless and a waste of time. However. if you did the search and detailed exactly how you did it, which search engines you used and how your narrowed your results, that would be worthy advice and meaning full to the community that reads this forum. Unless your type about 400 words minute, which is unheard of, you could have just answered the question and saved yourself about 3 minutes of useless typing. I see in your post above mine you give user Nailtech a url and say it took 15 seconds to find it. Well your self loathing paragraph is over 100 words. Congratulations you found an article in a new paper for her state with a relevant question. Exactly what I have been trying to do with no luck. So... I will just attempt to contact the merchant and ask for a compromise. I wanted to have my facts in order before contacted the merchant but that might not be possible

lastly, the search engine as you state does not come with the browser, the browser is simply an interface to many search engines available on the internet.

My response:

A typical response from a New York idiot. The above is just another, of many, confirmation of my viewpoint concerning New Yorkers and New Jerseans. They are, as a group, some of the nastiest, beligerant, and idiotic people on the planet. Unless you "handhold" them, or agree with them, or do as they say or ask, you get a load of crap from them.

All they know how to do is argue. Never respond to New Yorkers or New Jerseans.

IAAL

 

[aim900]

Gift Certificates and Stupid People

I have to go with IAAL on this one.

I am in California and came here to get legal advice on gift certificate experation - which IAAL gave me, with a great ending paragraph (loved that)!! I VERY MUCH appreciated the input and the response.

I guess because it was of a legal nature, it didn't occur to me to do a search. I wanted to make sure I got LEGAL advice before going to the establishment with my slightly outdated certificate.

So as IAAL mentioned to the other two people who also asked about GC's (pertaining to other states), it is quite easy to do a search. I was curious and decided to go ahead and see what I could find on my own.

It literally took me 5 seconds to type in "Gift Certificate Expiration California." I got over 3,000 results and got my answer on the very first result. And some other ones pertaining to class action suits and other interesting info.

Also, regarding a quote from Frank Dumbsh$t to IAAL, "if you did the search and detailed exactly how you did it, which search engines you used and how you narrowed your results, that would be worthy advice and meaning full to the community that reads this forum."

Exactly how he did it???? Ok, type in your S T A T E, then the words GIFT CERTIFICATE EXPIRATION. You only need one search engine dummy. ANY one will do. There is no need to narrow anything. How much easier can it be?? Sometimes you have to change the wording around a bit when you do a search, but that only takes a second. It also only takes a second to try a different search engine if one doesn't work (in my personal experience most of them have the same info anyway so it usually isn't necessary). But really, it's not that complicated.

I did a search for your state - just to see what I could come up with. Here it is: (I know I shouldn't have bothered IAAL, the guy is a jerk, but I couldn't resist... it was so easy - wanted to show him just how stupid he really is).

ONE RESULT I got was:
New York: Five years for gift certificates. N.Y. Aband. Prop. Law § 1315 (McKinney). The terms and conditions of a gift certificate must be conspicuously placed on its face, and gift certificates must be honored in accordance with such terms. N.Y. Gen. Law § 396-I (McKinney). New York law appears unsettled regarding whether an expired gift certificate would escheat to the state.

And, in case you don't know... in the simplest terms, "escheat" refers to the process through which property that is, or is deemed to be, unclaimed or abandoned becomes property of the state after a certain period of time.

ANOTHER RESULT: If the gift certificates have an expiration date, then procrastinators are out of luck. If not, Uncle Sam may be able to help - because five years after they're issued, the unclaimed certificates go to the New York state Comptroller's office of unclaimed funds.

December 29, 2002 -- People who misplace their holiday gift certificates may have a second chance to spend their loot - thanks to the government. Any time a person owes money to someone and the sum goes unclaimed, the funds revert to the state. Recipients can apply to the Controller's office to redeem the value of their lost gift certificate. It may be difficult to prove ownership, however, since gift certificates are often just made out to "bearer."

"People should at least check, though," advises Mark H. Levin, of the New York State Society of CPAs. "You never know - it's like the lottery."

SO, there you have it frank. Happy? It took me about 3 mins.

p.s. The only reason IAAL's advice as to "what he did and how he found his information" would be pointless and a waste of time, is if he is telling a moron like you.

 

[gonebroke]

Just a little scared of you....

I AM ALWAYS LIABLE - I was wondering what you think of us Wisconsinites?

I really am looking forward to a response from you on my posts... should make my day... well depending on my mood at the moment, so I will make sure not too look when I am down

I do have to say I havn't laughed so much in probably years.

Thanks for the humor ... intended or not it has been fun and a little shocking at times

 

[I AM ALWAYS LIABLE]

Re: Just a little scared of you....

I AM ALWAYS LIABLE - I was wondering what you think of us Wisconsinites?

MY RESPONSE: As a group, you're all pretty "cheesy" - - but nice.



I really am looking forward to a response from you on my posts... should make my day... well depending on my mood at the moment, so I will make sure not too look when I am down

MY RESPONSE: I'll try to locate them. I may, or may not, be able to respond. If you don't see my response by February 21, 2003, you can conclude I won't be responding.



I do have to say I havn't laughed so much in probably years.

MY RESPONSE: Don't you just "love" these New Yorkers and New Jerseans? Like I said in another thread (or even this one - can't recall), they are the only people that eat their young.



Thanks for the humor ... intended or not it has been fun and a little shocking at times

MY RESPONSE: You're welcome. And, you should be "scared" of me. I will do my New York impression, come to your house, and rip your throat out!

IAAL

 

[gonebroke]

AH HA!

IAAL

AH HA You do have a sense of humor..... I new it, I new it!
I just think you have way too much fun with them, and I hate to admit it, but I used to live in NY too ..... but I was just a kid!
Then moved to Wisconsin, now just want to move somewhere warm.