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Is It Legal for Gift Certificates to Expire?


QUESTION:

I bought my mother a $75 gift certificate for a facial about a year ago, but just discovered she never used it! The certificate has a six-month expiration date. Is there any way she can still redeem this?

ANSWER:

An astounding number of gift certificates are probably lying around in the desk drawers of self-denying moms. But common though this problem must be, only a few states' laws have dealt with it.

People who live in California are in luck. It's against California law to put time limits on gift certificates (with a few exceptions, including gift certificates for food, from nonprofit fundraisers and from awards programs). In New Hampshire, gift certificates under $100 cannot have an expiration date. Restaurant diners in Rhode Island can also rejoice; their gift certificates cannot expire. And in Hawaii and Massachusetts, a gift certificate must be honored for two years.

Even in states without such laws, a responsible merchant shouldn't just tear up a long-suffering mom's gift certificate. If their costs of doing business have changed drastically, one could ask them to refund the cash -- after all, they've been using it in their business for all this time, and shouldn't get a windfall for nothing. Most merchants will recognize the need to protect their business reputation, and will try to reach a compromise.

And let's all make a mental note: Next time we want to do something nice for mom, pick her up and make it a trip for two.

Copyright 2006 Nolo

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