Legal Question in Consumer Law in Pennsylvania
expired restaurant gift certificate
Last year for Christmas I received a gift certificate for a local restaurant (not a chain). I recently found the certificate which expired less than two weeks ago. The date of purchse is clearly written on the certificate. I contacted the restaurant and was told that they did not honor expired certificates. (That is ''their policy.'') I recall hearing that it was illegal to have an expiration on a gift certificate. Is this correct or did my family use $50 of their hard earned money for a certificate...and I get nothing because I misplaced it? I live in Pennsylvania, by the way. Thank you.
1 Answer from Attorneys
Re: expired restaurant gift certificate
You asked about expired gift certificates.
Yes, it is generally illegal to not honor a gift certificate. Except, that they can require that you get a new gift certificate (without charge). Expiration dates are a nice thought for the restaurant but violate the law. The law does not allow for persons to realize unjust enrichment.
So if they want to dishonor the gift certificate they must return the par value. (They still got use of the money for free and it in fact costs them nothing to honor the certificate.)
My suggestion would be to speak with the manager, even show him this response. You will probably get the certificate and should also get a comp for the trouble you went to.
Regards,
Roger
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