Legal Question in Business Law in Georgia

If a gift certificate has and expiration date can the merchant claim it is no longer any good and pocket the value of the gift certificate? I spent $ 120.00 on two dinner certificates and the owner said " Sir you have two pieces of paper that have no value they expired "

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Asked on 8/25/11, 9:43 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

With a few exceptions in some states, yes. This is (or should be) understood when the gift card is purchased. Gift cards and certificates are often poor choices for this reason.

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Answered on 8/26/11, 4:12 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Why you expect a gift certificate to be valid after it expires? They mean what they say.

Legally, with a few exceptions that apply to some gift cards rather than certificates, they do expire and you must use them in time.

Having said that, it is poor customer relations, and you should post your experience on all the local review sites so that others know the restaurant is going to stand on the law rather than customer relations.

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Answered on 8/26/11, 4:31 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney familiar with gift certificates in food chains, I can say the the expiration date is really a customer service issue. If you explain why you were not able to use it on time, they will usually give a new certificate. But that's up to the particular restaurant. Remember public relations works both ways - and a restaurant doesn't want public complaints. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 8/27/11, 9:33 am


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