| Chapter 167 |
| 2023 -- H 5732 SUBSTITUTE A Enacted 06/20/2023 |
| A N A C T |
| RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- GIFT CARD FRAUD |
Introduced By: Representatives Casimiro, Noret, and Morales |
| Date Introduced: February 21, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL |
| REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: |
| CHAPTER 59 |
| GIFT CARD FRAUD |
| 6-59-1. Definitions. |
| As used in this chapter, "gift card" means a written promise or electronic payment device |
| that: |
| (1) Is usable at a single merchant or an affiliated group of merchants that share the same |
| name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers; |
| (2) Is issued in a specific amount; |
| (3) May or may not be increased in value or reloaded; |
| (4) Is purchased and/or loaded on a prepaid basis for the future purchase or delivery of any |
| goods or services; and |
| (5) Is honored upon presentation. |
| 6-59-2. Posting of notice of gift card fraud at retail establishments. |
| No person, firm, partnership, association, retailer, or corporation shall sell a gift card to a |
| purchaser unless the seller displays a conspicuous notice, in a form prescribed by the department |
| of business regulation, at or near where the gift card is displayed and at or near the physical location |
| where the sale occurs, that: |
| (1) Cautions the purchaser about prepaid card scams; and |
| (2) Instructs the purchaser on what to do if they suspect they might be a potential victim of |
| such a scam. |
| 6-59-3. Penalty for violation. |
| Any person, firm, partnership, association, corporation, or retail mercantile establishment |
| that violates the provisions of this chapter shall be subject to a civil penalty of up to two hundred |
| fifty dollars ($250). |
| SECTION 2. This act shall take effect upon passage. |
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| LC001807/SUB A |
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