The bill amends the Code of West Virginia by introducing a new article that establishes criminal offenses related to gift cards. It defines key terms such as "cardholder," "card issuer," "closed-loop gift card," "open-loop gift card," and "gift card redemption information." The legislation creates new misdemeanor and felony crimes associated with the fraudulent acquisition, tampering, and obtaining of gift cards or their redemption information. Specifically, it outlines penalties for offenses based on the value of the gift cards involved, with misdemeanors applicable for values under $1,000 and felonies for values exceeding that amount.

Under the new provisions, individuals found guilty of larceny, tampering, or false pretenses involving gift cards face varying degrees of punishment, including jail time and fines. For instance, misdemeanor offenses can result in up to one year of confinement or fines up to $1,000, while felony offenses can lead to imprisonment for one to ten years and fines up to $2,500. The bill also allows for the cumulative assessment of multiple gift cards' values when part of a common scheme, thereby potentially increasing the severity of the charges. This legislation aims to enhance consumer protection and deter fraudulent activities involving gift cards in West Virginia.

Statutes affected:
Introduced Version: 61-4A-1, 61-4A-2
Committee Substitute: 61-4A-1, 61-4A-2
Engrossed Committee Substitute: 61-4A-1, 61-4A-2
Enrolled Committee Substitute: 61-4A-1, 61-4A-2, 61-4A-3, 61-4A-4