Md. Code, Commercial Law § 14-1319
This is the official text of Md. Code, Commercial Law § 14-1319, part of Maryland’s Code, Commercial Law — governs commercial transactions - Maryland's version of the Uniform Commercial Code.
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§14–1319.
Official statutory text
(a) (1) In this section, “gift certificate” means a device constructed of paper, plastic, or any other material that is:
(i) Sold or issued by a person for a cash value that can be used to purchase goods or services; or
(ii) Issued as a store credit for returned goods.
(2) “Gift certificate” does not include:
(i) A prepaid telephone calling card;
(ii) A prepaid technical support card;
(iii) A prepaid card for Internet services;
(iv) A coupon for discounted goods or services;
(v) A gift certificate that is distributed to an individual under an awards, loyalty, or promotional program in which the recipient does not give money or value for the gift certificate; or
(vi) A gift card that:
1. Is processed through a national credit or debit card service; and
2. May be used to purchase goods or services from multiple unaffiliated sellers of goods or services.
(b) A person may not sell or issue a gift certificate that, within 4 years after the date of purchase, is subject to expiration or a fee or charge of any kind.
(c) Any term or condition concerning expiration or a fee or charge that takes effect more than 4 years after the date of purchase must be printed clearly in at least 10 point type in a visible place on:
(1) The front or back of the gift certificate;
(2) A sticker permanently affixed to the gift certificate; or
(3) An envelope containing the gift certificate.
(d) Unless the change benefits the consumer, a term or condition disclosed under subsection (c) of this section may not be changed after the date of purchase or issuance.
(e) A gift certificate that is sold or issued in violation of this section shall be considered valid and may not be subject to expiration or any fee or charge.
(f) A violation of any provision of this section:
(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and
(2) Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13-411 of this article.
(i) Sold or issued by a person for a cash value that can be used to purchase goods or services; or
(ii) Issued as a store credit for returned goods.
(2) “Gift certificate” does not include:
(i) A prepaid telephone calling card;
(ii) A prepaid technical support card;
(iii) A prepaid card for Internet services;
(iv) A coupon for discounted goods or services;
(v) A gift certificate that is distributed to an individual under an awards, loyalty, or promotional program in which the recipient does not give money or value for the gift certificate; or
(vi) A gift card that:
1. Is processed through a national credit or debit card service; and
2. May be used to purchase goods or services from multiple unaffiliated sellers of goods or services.
(b) A person may not sell or issue a gift certificate that, within 4 years after the date of purchase, is subject to expiration or a fee or charge of any kind.
(c) Any term or condition concerning expiration or a fee or charge that takes effect more than 4 years after the date of purchase must be printed clearly in at least 10 point type in a visible place on:
(1) The front or back of the gift certificate;
(2) A sticker permanently affixed to the gift certificate; or
(3) An envelope containing the gift certificate.
(d) Unless the change benefits the consumer, a term or condition disclosed under subsection (c) of this section may not be changed after the date of purchase or issuance.
(e) A gift certificate that is sold or issued in violation of this section shall be considered valid and may not be subject to expiration or any fee or charge.
(f) A violation of any provision of this section:
(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and
(2) Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13-411 of this article.
Status: in_force · Read it on the official government site
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