Gift certificates

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    (a)    (1)    In this section, “gift certificate” means a device constructed of paper, plastic, or any other material that is:

            (i)    Sold or issued by a person for a cash value that can be used to purchase goods or services; or

            (ii)    Issued as a store credit for returned goods.

        (2)    “Gift certificate” does not include:

            (i)    A prepaid telephone calling card;

            (ii)    A prepaid technical support card;

            (iii)    A prepaid card for Internet services;

            (iv)    A coupon for discounted goods or services;

            (v)    A gift certificate that is distributed to an individual under an awards, loyalty, or promotional program in which the recipient does not give money or value for the gift certificate; or

            (vi)    A gift card that:

                1.    Is processed through a national credit or debit card service; and

                2.    May be used to purchase goods or services from multiple unaffiliated sellers of goods or services.

    (b)    A person may not sell or issue a gift certificate that, within 4 years after the date of purchase, is subject to expiration or a fee or charge of any kind.

    (c)    Any term or condition concerning expiration or a fee or charge that takes effect more than 4 years after the date of purchase must be printed clearly in at least 10 point type in a visible place on:

        (1)    The front or back of the gift certificate;

        (2)    A sticker permanently affixed to the gift certificate; or

        (3)    An envelope containing the gift certificate.

    (d)    Unless the change benefits the consumer, a term or condition disclosed under subsection (c) of this section may not be changed after the date of purchase or issuance.

    (e)    A gift certificate that is sold or issued in violation of this section shall be considered valid and may not be subject to expiration or any fee or charge.

    (f)    A violation of any provision of this section:

        (1)    Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

        (2)    Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13-411 of this article.


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