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Companies taking money from Gift cards defacto Fees/expiration date?

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HotelSwatTeam

Active Member
What is the name of your state? Florida

I am wondering if companies who look for any excuse or "mistake" to remove money from a gift card and pocket it themselves may be violating federal and state law as might be equivalent to a fee/expiration date?

I have had many experiences of companies treating people gift card as a personal piggy bank and taking that money for almost any reason possible.

Perhaps to fully understand the problem, you might have to know a little of the history of gift cards.

They were heavily marketed as the perfect gift for birthday, kid's graduation, father's day,etc... However if the person did not use the immediately, the gift card would be riddled with hidden fees and expiration date so when people finally got around to using them, most if not all of the money would be missing. It was basically like companies printing their own money without having to deliver the service.

Around 2008, many federal and state consumer protection laws came into place forbidding these expiration dates, and various other fees basically saying the gift card was good until you used them. The intent of the law was to prevent the company from getting their hands the money without providing the promised service. I assume there might also be general rules against thief or banking/financial instruments in place also?

Anyway, I have found a lot of companies which still seem to find ways and excuses to take money off the card without providing the service. However, they NEVER CALL THEM A FEE OR EXPIRATION DATE. However they have the net effect as being a fee or expiration date.

I can go into great detail about the situation however generally speaking I think that companies may be looking for ways to return to the old days of using gift cards as their personal slush fund without having to spend money on the goods/services that go along with them.

I can give you 4 good examples from 4 completely different companies doing exactly this but in totally different ways however I'm not sure if that might make things too complicated.

Please let me know if you would like the simplified examples to go along with it? Each one of these examples probably should be its own post.

Thanks.
 


quincy

Senior Member
You are asking a lot of questions tonight. :)

Is this gift card question asked out of curiosity only - or is this a real problem for you?
 

HotelSwatTeam

Active Member
You are asking a lot of questions tonight. :)

Is this gift card question asked out of curiosity only - or is this a real problem for you?
Sometimes I ask question because I am curious but the gift card problem are real problem I have experienced first hand however I never knew I could do anything about it until I learn about the statutory damages. I was thinking what would compel a company to do the right thing vs scamming a lot of people for very little money each so there would be no way that each person could ever take them to court.

I figured that if the problem happen to me than it would have happen to others as well and if we can organize a class action lawsuit + statutory damages, then maybe we can stop some bad actors in the industry and recover some lost money.

I would like to tell you more about the situation if you want but I don't want to make this too complicated.
 
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adjusterjack

Senior Member
I figured that if the problem happen to me than it would have happen to others as well
Never happened to me. I've been using a variety of gift cards for several years and never had that problem.

we can organize a class action lawsuit + statutory damages, then maybe we can stop some bad actors in the industry and recover some lost money.
The way you start a class action is you find a lawyer willing to start it. Otherwise you are dead in the water.

I would like to tell you more about the situation if you want but I don't want to make this too complicated.
Good. We like things simple here.

If you lost a few bucks on a gift card, take it up with the gift card company or just stop using that gift card.
 

Zigner

Senior Member, Non-Attorney
I believe you are (the OP) are confusing a "gift card" with some other type of "incentive" card that a company may issue. Or, perhaps, you are confusing a "cash card" with a gift card.
 

HotelSwatTeam

Active Member
Never happened to me. I've been using a variety of gift cards for several years and never had that problem.



The way you start a class action is you find a lawyer willing to start it. Otherwise you are dead in the water.



Good. We like things simple here.

If you lost a few bucks on a gift card, take it up with the gift card company or just stop using that gift card.
Before I go lawyer hunting, I would like to at least know if there is a legal basis.

Let me put this another way, if I wanted to issue gift cards for my restaurant business then not honor then, would this be something I could legally do as long as I did not call the removal of money a fee or expiration date?

If so, I have some gift card I would like to sell you.
 

HotelSwatTeam

Active Member
Never happened to me. I've been using a variety of gift cards for several years and never had that problem.



The way you start a class action is you find a lawyer willing to start it. Otherwise you are dead in the water.



Good. We like things simple here.

If you lost a few bucks on a gift card, take it up with the gift card company or just stop using that gift card.
There are many different brands so I would think it would be safe to say that you don't have experience with every single one of them.

Many of the gift card money missing are not documented with a transaction but rather done in secret and many gift card companies are unwilling to work with you or even provide the most basic information. I have also lost more than a few bucks.

So the original question is if removing money from a gift card was legal if you don't call it a fee or expiration date.

Can I at least get my original question answered?
 

HotelSwatTeam

Active Member
I believe you are (the OP) are confusing a "gift card" with some other type of "incentive" card that a company may issue. Or, perhaps, you are confusing a "cash card" with a gift card.
I know exactly what you are talking about.

Cash card being like a open-loop American express/Visa card.
Incentive card like " buy $100 gift card, get a $20 promotion card that expires in 3 months"

No, I am talking about a regular gift card having the money taken by the company however without the money being referred to as a fee/expiration date.

Terms like " we choose not to honor your card since you did not buy directly from us, or you did not use your card in a while so we archived your card balance, or show me the original receipt we will not reactivate your card, or we had a system glitch and charged accidentally charged your gift card for an order you never place but since you did not contact us in time, we can't give you the money back",etc....



Situation in which the money is removed from the card however its not being referred to as a fee/expiration date but the end result is exactly the same.

Company received the money for the gift card however coming up with reasons to take the balance from the gift card without calling it a fee/expiration date since the law explicitly said you can't do it. So it has the effect as being a defacto fee/expiration date.
 

quincy

Senior Member
I know exactly what you are talking about.

Cash card being like a open-loop American express/Visa card.
Incentive card like " buy $100 gift card, get a $20 promotion card that expires in 3 months"

No, I am talking about a regular gift card having the money taken by the company however without the money being referred to as a fee/expiration date.

Terms like " we choose not to honor your card since you did not buy directly from us, or you did not use your card in a while so we archived your card balance, or show me the original receipt we will not reactivate your card, or we had a system glitch and charged accidentally charged your gift card for an order you never place but since you did not contact us in time, we can't give you the money back",etc....



Situation in which the money is removed from the card however its not being referred to as a fee/expiration date but the end result is exactly the same.

Company received the money for the gift card however coming up with reasons to take the balance from the gift card without calling it a fee/expiration date since the law explicitly said you can't do it. So it has the effect as being a defacto fee/expiration date.
Can you give one example of a card that has done this? Thanks.
 

adjusterjack

Senior Member
Terms like " we choose not to honor your card since you did not buy directly from us, or you did not use your card in a while so we archived your card balance, or show me the original receipt we will not reactivate your card, or we had a system glitch and charged accidentally charged your gift card for an order you never place but since you did not contact us in time, we can't give you the money back",etc....
That kind of thing has been illegal for many years under federal law.

When did any of this happen to you? I'd like examples, too, with dates and amounts.
 

quincy

Senior Member
That kind of thing has been illegal for many years under federal law.

When did any of this happen to you? I'd like examples, too, with dates and amounts.
HotelSwatTeam might be talking about the "activation" or purchase fees on gift cards like Visa and MasterCard.
 

Zigner

Senior Member, Non-Attorney
HotelSwatTeam might be talking about the "activation" or purchase fees on gift cards like Visa and MasterCard.
I suggested that and, in post #8, the OP made it clear he wasn't talking about those.
 
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