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51-29 Gift Certificates

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CHAPTER 51-29GIFT CERTIFICATES51-29-01.Definition.As used in this chapter, &quot;gift certificate&quot; means a recordevidencing a promise, made for monetary consideration, by the seller or issuer of the record that<br>goods or services will be provided to the owner of the record to the value shown in the record.<br>The term includes a record that contains a microprocessor chip, magnetic strip, or other means<br>of storage of information that is prefunded and for which the value is decreased upon each use; a<br>gift card; an electronic gift card; an online gift account; a stored-value card; a store card; a<br>prepaid telephone card; or a similar record or card.The term does not include a general-use prepaid card issued by a prepaid card issuer,including a plastic card or other electronic payment device that is usable at multiple, unaffiliated<br>merchants or service providers or at an automatic teller machine, and purchased or loaded on a<br>prepaid basis; a general-use prepaid card issued by a prepaid card issuer and purchased by a<br>person that is not an individual; or a debit card linked to a deposit account.51-29-02. Expiration dates - Service fees. A person may not charge additional monthlyor annual service or maintenance fees on a gift certificate. A person may not limit the time for<br>redemption of a gift certificate to a date before six years after the date of purchase of the gift<br>certificate, place an expiration date on a gift certificate before six years after the date of purchase<br>of the gift certificate, or include on a gift certificate any statement suggesting that an expiration or<br>redemption date, except as permitted in this section, may apply to a gift certificate.This section does not apply to a gift certificate distributed to a consumer pursuant to anawards, loyalty, or promotional program without any money or other thing of value being given in<br>exchange for the gift certificate by the consumer.Any restriction or limitation on such giftcertificate must be disclosed to the consumer, in writing, at the time the gift certificate is<br>distributed to the consumer.51-29-03. Enforcement - Powers - Remedies - Penalties. The attorney general shallenforce this chapter. In enforcing this chapter, the attorney general has all the powers provided<br>in this chapter or chapter 51-15 and may seek all remedies in this chapter or chapter 51-15. A<br>violation of this chapter constitutes a violation of chapter 51-15.The remedies, duties,prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes<br>of action, remedies, and penalties as provided in chapter 51-15 and as otherwise provided by<br>law.Page No. 1Document Outlinechapter 51-29 gift certificates