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 definitions of "gift card," "open-loop gift card," and "closed-loop gift card," which clarify the types of gift cards covered under the law. Additionally, the bill specifies that each gift card will have a value equal to the highest monetary value listed on the card or its packaging, or $250 if no value is indicated. The bill also introduces a new section outlining crimes involving gift cards, defining terms such as "cardholder," "card issuer," and "gift card seller."
Under the new provisions, individuals can be charged with theft for acquiring or retaining possession of a gift card or its redemption information with the intent to defraud, using a gift card obtained through deception, or tampering with a gift card. The bill aims to enhance protections against gift card fraud and establish clear legal consequences for such actions. The effective date for these changes is set for January 1, 2026.
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