August 20, 2010 12:07 PM

New Gift Card Rules Protect You Better

By
CBSNews
(CBS)  Federal rules designed to help gift card holders go into effect Sunday.

They regulate expiration dates and offer more of a shield from hidden fees.

The rules result from the Credit CARD Act (Credit Card Accountability Responsibility and Disclosure Act of 2009), which Congress aimed at credit card industry practices deemed anti-consumer.

Gift cards are big business -- $88 billion a year, according to the Tower Group, a consulting firm - and some $5 billion worth go un-used.

That, CBS News Business and Economics Correspondent Rebecca Jarvis pointed out on "The Early Show" Friday, was because the cards expired, fees ate away at their value, or holders simply didn't use them.

But, she added, gift cards are fun and convenient -- you can buy them for many different retailers.

The new regulations, says Jarvis, call for FULL DISCLOSURE of fees and expiration dates ON THE CARDS.

Under the incoming rules, gift cards purchased Aug. 22 or after must hold their value for five years. Each time you reload your card, the five-year clock starts on the amount you add. Physical cards can have an expiration date, but not your money. So if your card expires before five years and there's still money left on it, call the card company and ask it to transfer your money to a new card. They must do this for free or return the remaining balance.

Companies will also be prohibited from charging nonuse fees unless -- and this is a big exception -- you failed to use the card for 12 months.

Also, no more than one fee (of any kind) can be charged to the cardholder in a single month, though there are NO LIMITS ON HOW MUCH THAT ONE FEE CAN BE.

The rules apply whether the cards are bought online, through the individual stores, or at a grocery store or pharmacy.

Still, Jarvis observed, some things aren't covered:

Prepaid Debit Cards: These are very popular with people who don't like having a credit card, and include prepaid phone cards and rechargeable debit cards from the big credit card companies. These don't fall under the same rules.

Rebate and Loyalty Cards: If you send in a rebate and get a debit card in return, that's not covered. A loyalty card is what a business sends serving as a promotional coupon or voucher.

One-time Transaction Fees: You often see, particularly on gift cards issued by the big credit card companies, that it costs something like $4.95 just to purchase the card. That fee can still apply.

Jarvis stresses that gift cards were never meant to be savings products. You need to use them or lose them.

Copyright 2010 CBS. All rights reserved.
Add a Comment
by t0xicity9 August 23, 2010 11:48 AM EDT
Thank you for clarifying this! The company for which I work, GiftZip.com, specializes in eGift cards or online gift cards. We often find ourselves addressing the concerns of customers regarding gift card legislation. I still find it a bit ridiculous that prepaid visas have such high activation and convenience fees. A $50 gift card should cost the consumer $50. I believe that is why GiftZip.com does not work with these credit card companies.

Mallory
GiftZip.com
Reply to this comment
by Syndicate August 22, 2010 2:56 PM EDT
Cash is better. You can use it anywhere. There are no fees and in never expires.
Reply to this comment
by John Meshna August 20, 2010 12:51 PM EDT
We are an online retailer. Around the holidays a couple of years ago we tried using PayPal gift certificates on our web site. Some one bought one for $100.00 and no one claimed it. It sat in our account for 2 years plus without us having access to the funds. Who collected the interest on this money while it sat there locked away all that time?
About a month ago that 100 dollars started to evaporate. No one used it to buy anything from us but one day it was only 75 dollars and after the week was up the total balance of 100 dollars was gone and we never got any of it? where did it go? I believe PayPal stole it and they probably do this kind of thing all the time. Some one needs to look into this.
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