Stores must follow gift card laws
With the holidays quickly approaching, the Department of Consumer Affairs reminds consumers that California has specific rules regarding gift cards and returns and exchanges.
Single store cards: The card that comes with the best consumer protections is the traditional gift card sold by a single business and used for goods or services from that business or its affiliates. Expiration dates and fees are prohibited from this type of card, with limited exceptions.
A business doesn't have to redeem a gift card or the balance left after a purchase for cash if the balance is $10 or more. They can redeem it with another card for the remaining value. If the balance left is less than $10, the consumer can demand the remainder in cash.
Single store cards can have a dormancy fee if the value drops to $5 or below, the fee is $1 or less per month, the card has been inactive for 24 consecutive months, and the owner can pay to recharge it with value to more than $5. The dormancy fee must be fully disclosed in advance and printed on the card.
The exception to the rule of no expiration date is a gift card for food items other than restaurant meals, as long as the expiration date is printed on the front of the card. Restaurants must accept gift cards for meals that were issued after January 1997 even if an expiration date is posted.
Gift certificates that are distributed free as a promotion, or sold below face value at a discount to employers or to nonprofit and charitable organizations for fundraising, may have an expiration date as long as it's printed on the card.
State law doesn't protect consumers from service fees and expiration dates for gift cards good at multiple, unaffiliated businesses, such as cards sold by malls or banks.
If a store goes bankrupt before a gift card is redeemed, the consumer's only choice is to file a claim with the bankruptcy court to redeem the card. The consumer is placed far down on the list of creditors. It's smart for consumers to use gift cards promptly.
It's illegal for sellers to conceal conditions, restrictions or fees.
Retailers may impose conditions on returns, such as restocking fees, as long as customers are advised of the conditions prior to purchase.
The law says a store should provide a refund, credit or exchange if the customer returns the product within seven days with proof of purchase. Any other policy must be disclosed to the customer at time of purchase and posted in the store or on the product.
Customers should always ask about the return policy if they're not sure, especially if items are purchased far in advance.
Retailers don't have to offer refunds or exchanges for perishable items like food, flowers or plants. Other exceptions are goods damaged by the customer, goods that can't be returned for health reasons, and goods sold with warnings like "as is" or "all sales final."
A retailer who violates laws on retail return may be liable in a civil court action such as small claims court. To have a claim, the customer must return or try to return the merchandise within 30 days of purchase.


