This bill establishes new criminal offenses related to the fraudulent use of gift cards, amending existing laws to include specific definitions and penalties. Key insertions include the definition of "gift card," which encompasses both digital closed-loop and open-loop gift cards, as well as the definitions of "cardholder," "card issuer," "gift card redemption information," and "gift card seller." The bill specifies that each gift card will have a value determined by the highest monetary value listed on the card or its packaging, or a default value of $250 if no value is listed.
Additionally, the bill outlines specific actions that constitute theft involving gift cards, such as acquiring or retaining possession of a gift card or its redemption information without consent, using a gift card obtained through deception, or tampering with a gift card. The effective date for this legislation is set for January 1, 2026. Overall, the bill aims to enhance legal protections against gift card fraud and clarify the legal framework surrounding the use and sale of gift cards.
Statutes affected: Introduced: 637:10-b
As Amended by the Senate: 637:2
As Amended by the House: 637:2
Version adopted by both bodies: 637:2
CHAPTERED FINAL VERSION: 637:2