Legal Question in Consumer Law in California

Gift cards

OK I am really interested in this as we have a customer who purchased 20 spray tans. I don't remember how she paid for it. The receipt clearly states you have 365 days from the first day you use it. If I had to ignore the limit I may as well be out of business. The purpose of so many is the discount. So I give the customer the discounted price and now she can use them far after the expiration data? This is where I am confused. I can sell gift cards all day long. I will honor them however long it takes for them to come in. However I feel the time starts when the gift card is redeemed. Say it is a month of tanning, they expire in a month.


Asked on 4/21/09, 7:29 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Gift cards

There is likely a distinction between a simple gift card, which is equal to cash at your shop, and a discount program (or membership) whereby a customer gets a quantity of goods or services at a reduced price, provided they are used during a certain period of time.

You have to research the definition of gift card (or whatever CA law calls them) and try to find interpretation of related statutes by courts.

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Answered on 4/21/09, 7:41 pm


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