Legal Question in Consumer Law in California

Re: Law concerning gift cards (CA)

You are incorrect. The following information comes form the website for the California Department of Consumer Affairs:

Q.4. Can the holder of a gift certificate or gift card redeem it for cash?

A. This depends on the policy of the seller. The gift certificate law states that a seller must redeem a gift certificate or gift card sold after January 1, 1997 for its cash value, or replace it with a new certificate or card at no cost. However, California�s Legislative Counsel has concluded that a seller is not required to redeem a gift certificate in cash when requested by a consumer. Thus, some gift certificate sellers redeem the gift certificate for cash or a combination of merchandise and cash, while some issue a new certificate for any balance remaining after the original certificate is redeemed. A gift certificate or gift card without an expiration date is valid until it is redeemed or replaced.

Sometimes, a gift certificate or gift card is sold to the purchaser as a gift for another person (the �recipient�). In this case, the seller may choose to state a date on the gift certificate or gift card by which the recipient must redeem it. Since an expiration date normally is not permitted by the gift certificate law, a seller that chooses to state a redemption date on a gift card or gift certificate must give the purchaser a full refund of the amount paid for the certificate or card if the recipient does not redeem it by the redemption date.