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General Merchandise Stores · NAICS 452 · Gift Card Terms and Conditions
Gift cards are a popular revenue stream for general merchandise stores, but they come with legal obligations. This Gift Card Terms and Conditions document is tailored for retailers operating under NAICS 452, covering everything from physical and digital cards to reloadable options. It addresses critical compliance areas such as the federal CARD Act, state-specific escheatment laws, expiration policies, and permissible fees. By using this document, you can clearly communicate your policies to customers, reduce disputes, and ensure your store remains compliant across multiple jurisdictions. Whether you're a single-store operation or a regional chain, this template provides a solid foundation for your gift card program.
Under the federal CARD Act, you cannot charge a dormancy fee unless the card has been inactive for at least 12 months, and you must disclose the fee clearly. However, many states have stricter laws that prohibit dormancy fees altogether. Your document should reflect the laws of the states where you operate.
Federal law prohibits expiration dates on gift cards for at least five years from the date of issuance or last reload. Many states require that gift cards never expire. Your terms should state your policy clearly, and if you choose no expiration, that is the most consumer-friendly and compliant approach.
Unused balances may be subject to state escheatment laws, meaning you may be required to report and remit the balances to the state after a certain period of inactivity. Your terms should inform customers that balances are not forfeited and that the store complies with unclaimed property laws.
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