05 SB13/AP
Senate
Bill 13
By:
Senators Rogers of the 21st, Seabaugh of the 28th, Mullis of the 53rd, Hill of
the 32nd and Moody of the
56th
AS PASSED
AS PASSED
AN
ACT
To
amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating
to unfair or deceptive practices in consumer transactions, so as to provide a
short title; to provide for definitions; to provide that the terms of gift
certificates, store gift cards, and general use gift cards shall be disclosed at
the time of purchase and through certain notifications; to provide for related
matters; to provide an effective date; to provide for applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Gift Card Integrity Act of
2005."
SECTION
2.
Code
Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair
or deceptive practices in consumer transactions, is amended by striking the word
"or" at the end of paragraph (31) of subsection (b), striking the period and
inserting "; or" at the end of paragraph (32) of subsection (b), and adding a
new paragraph (33) to subsection (b) to read as follows:
"(33)(A)
For any person, firm, partnership, association, or corporation to issue a gift
certificate, store gift card, or general use gift card without:
(i)
Including the terms of the gift certificate, store gift card, or general use
gift card in the packaging which accompanies the certificate or card at the time
of purchase, as well as making such terms available upon request;
and
(ii)
Conspicuously printing the expiration date, if applicable, on the certificate or
card and conspicuously printing the amount of any dormancy or nonuse fees
on:
(I)
The certificate or card; or
(II)
A sticker affixed to the certificate or card.
A
gift certificate, store gift card, or general use gift card shall be valid in
accordance with its terms in exchange for merchandise or services.
(B)
As used in this paragraph, the term:
(i)
'General use gift card' means a plastic card or other electronic payment device
which is usable at multiple, unaffiliated merchants or service providers; is
issued in an amount which amount may or may not be, at the option of the issuer,
increased in value or reloaded if requested by the holder; is purchased or
loaded on a prepaid basis by a consumer; and is honored upon presentation by
merchants for goods or services.
(ii)
'Gift certificate' means a written promise that is usable at a single merchant
or an affiliated group of merchants that share the same name, mark, or logo; is
issued in a specified amount and cannot be increased in value on the face
thereof; is purchased on a prepaid basis by a consumer in exchange for payment;
and is honored upon presentation for goods or services by such single merchant
or affiliated group of merchants that share the same name, mark, or
logo.
(iii)
'Store gift card' means a plastic card or other electronic payment device which
is usable at a single merchant or an affiliated group of merchants that share
the same name, mark, or logo; is issued in a specified amount and may or may not
be increased in value or reloaded; is purchased on a prepaid basis by a consumer
in exchange for payment; and is honored upon presentation for goods or services
by such single merchant or affiliated group of merchants that share the same
name, mark, or
logo."
SECTION
3.
This
Act shall become effective on October 1, 2005, and shall apply to any gift
certificates, store gift cards, or general use gift cards sold on or after such
date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.