Legal Question in Business Law in California

Gift cards redeemable for cash? (By law)

Hi, is it true that all gift cards/gift certificates are redeemable for cash for full face value in California? (Even cards that were purchased out of state?) Is there a specific law I can use to prove this to a store owner who might not believe me, and if he still refuses what actions can I take?

Thanks


Asked on 2/06/05, 4:28 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Gift cards redeemable for cash? (By law)

Yes. See Civil Code � 1749.5, which states in pertinent part: "(b) Any gift certificate sold after January 1, 1997, is redeemable in cash for its cash value, or subject to replacement with a new gift certificate at no cost to the purchaser or holder. [�] (c) A gift certificate sold without an expiration date is valid until redeemed or replaced." Nevertheless, if it contains an expiration date, was sold at a discount, or was given as an award, prize, etc. without any money in exchange, it cannot be redeemed. Section 1749.45 defines a "gift certificate" as including gift cards. Hope that helps.

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Answered on 2/06/05, 5:47 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Gift cards redeemable for cash? (By law)

Mr. Cohen has given you an excellent answer, but I see one other aspect of your question that might be worthy of comment:

It's possible, I suppose, that California law may not apply to a gift-certificate transaction that took place outside California. For example, if the certificate were sold by a New York store of a national chain, the chain might argue successfully that the law of New York, not California, governs the future validity of the certificate. (I have no idea what New York's law is, but it could be quite different).

The applicability of New York law could then govern attempts to redeem the certificate anywhere-- California, New York, or Timbuctoo.

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Answered on 2/07/05, 11:58 am


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