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Is Expiration of Gift Certificate Legal?

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Karyn Catherine

Junior Member
What is the name of your state? Virginia

I received a $100 gift certificate to a day spa for my birthday 3 years ago (December 2002) and I was wondering if it was legal for the owner to impose an expiration date on it? There was an original (1 year) expiration date written on it, but I had contacted the spa and they extended the expiration to Nov 04. Because of various uncontrollable events, I was unable to use it in that amount of time. I recently contacted the owner about using it and she said she "just couldn't" allow me to use it now (something about taxes, like it was out of her hands). I was wondering if it was legal to even set an expiration date like that and if I had any rights to redeem the gift certificate. Help is appreciated!
 


divgradcurl

Senior Member
Karyn Catherine said:
What is the name of your state? Virginia

I received a $100 gift certificate to a day spa for my birthday 3 years ago (December 2002) and I was wondering if it was legal for the owner to impose an expiration date on it? There was an original (1 year) expiration date written on it, but I had contacted the spa and they extended the expiration to Nov 04. Because of various uncontrollable events, I was unable to use it in that amount of time. I recently contacted the owner about using it and she said she "just couldn't" allow me to use it now (something about taxes, like it was out of her hands). I was wondering if it was legal to even set an expiration date like that and if I had any rights to redeem the gift certificate. Help is appreciated!
Generally, the answer is yes, a gift certificate may expire. Only a very few states do not allow a gift certificate to expire (CA, for example, but not VA). States are now passing laws that require that any expiration date be put on the certificate, some have different rules for gift certificates and gift cards, and some states require that the merchants hand over the value of the expired gift certificate to the state in which they reside (called "escheat"). But in virtually all states, gift certificates may expire.
 

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