05 LC 25
3807
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
A
BILL TO BE ENTITLED
AN ACT
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 prepaid cards shall be disclosed
at the time of purchase and through certain notifications; to provide for
related matters; to provide an effective date; 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 prepaid card without:
(i)
Disclosing the terms of the gift certificate, store gift card, or general use
prepaid card to the purchaser of the gift certificate, store gift card, or
general use prepaid card at the time of purchase; and
(ii)
Conspicuously printing the expiration date, if applicable, and the amount of any
dormancy or nonuse fees, on the gift.
A
gift certificate, store gift card, or general use prepaid 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 prepaid card' means a plastic card or other electronic payment
device issued only by a bank or other similarly regulated financial institution
or by a licensed money transmitter which is usable at multiple, unaffiliated
merchants or service providers or automatic teller machines; is issued in a
requested amount which amount may 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 or at automatic teller machines and shall not include debit
cards linked to a deposit account or cards purchased by a business
entity.
(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 January 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.