Although Wisconsin does not specifically regulate the
sale of gift cards, the federal government does. The
following information outlines the federal rules, 12
C.F.R. § 205.20:
Use gift cards as soon as possible to get full value.
Federal Reserve rules, 12 C.F.R. § 205.20, provide
consumer safeguards on most prepaid gift cards:
Retail gift cards sold by retailers, stores, or
restaurants and are used at the seller’s location.
Bank gift cards with payment card network logos
like MasterCard, Visa, American Express, or
Discover and are redeemable wherever the brand
is accepted.
Printed and electronic gift certificates are also
included.
Reloadable prepaid cards intended to be used like a
checking account substitute and not for gift-giving
purposes are covered by 12 C.F.R. § 1005 and 12 C.F.R.
§ 1026. They may carry the logos of MasterCard, Visa,
American Express, or Discover just like their “bank gift
cards” above.
Other types of prepaid devices are excluded:
Telephone service cards.
Loyalty and promotional cards.
Reloadable cards not marketed as “gift cards”.
Paper issued gift certificates for tickets, admission,
spa, and coupons.
What terms and fees should consumers
know about?
Bank gift cards one time fees for activation, cash-out,
or when additional cards are requested.
Expiration datesmust be at least five years from the
date of purchase on most cards. Cards given as a reward
or as part of a promotion for making a purchase can
expire in one year. The expiration date must be clearly
disclosed on the card.
Expiration date extensionsmust be given on cards
which allow for the addition of more money after it was
purchased. The card may not expire for at least five
years from the last date additional money was added.
Replacement cards may be requested at no charge
when the original card has an expiration date prior to
money-added extensions. Check the card’s expiration
date when money is added and verify it is at least five
years later. If not, request a replacement card.
Dormancy, inactivity, and service feesare allowed
when a card has not been used for more than one year.
Fees may be charged once per month and there are no
limits on the fee amount. All fees must be clearly
disclosed on the card or its packaging.
Fees may be charged when a card is purchased or
money is added, and must be clearly disclosed on the
card or its packaging.
After one yearmonthly fees for usage or maintenance
are allowed, and must be clearly disclosed on the card
or its packaging.
Lost or stolen gift cardsdo not have to be replaced.
Issuers who choose to replace cards may charge
replacement related fees.
Gift Cards
Tips for buying gift cards
Buying directly from known and trusted sources is the
best method. Inspect the card before buying it for
removed protective stickers or scratched off areas
revealing codes or PIN number and report damaged
cards to the seller. Avoid online purchase of unwanted
or unused cards, and use caution when selling a card.
Most sellers and buyers are legitimate, but not all.
Never give out a gift card’s number or PIN when
selling. A card may be used with this information
prior to being purchased.
Meet with sellers at a location where the gift card
can be used. Verify the card’s remaining balance
and that transfer of ownership is allowed prior to
making the purchase. Request the original receipt
for verification of purchase in case the card is lost,
stolen, or should there be a problem.
Consider the financial condition of the retailer or
restaurant. If a location closes, the next closest one
could be far away. Gift cards can become worthless
when a website, or company, files for bankruptcy or
closes. Should this happen:
Contact the business to find out if the gift card can
be used at another location or competitor and if
the value remains in full or has been reduced.
Make sure a card is used in full prior to any shorten
time that it remains valid.
Contact competitors directly to see if they will
honor gift cards in full or at a lesser value.
Keep the gift card in a safe place in case it becomes
valid again through reorganization, buyout, or
reopening.
Read the fine print on the card, its packaging, website,
or printed mail/advertisement before buying. Request a
printed copy of fees, terms and conditions, and shipping
and handling charges before purchasing over the
phone. If you have concerns, buy through another
vendor or consider a different gift card.
When giving a gift card make sure the recipient holds
on to the receipt and any other printed material until all
the money on the card has been used.
Tips for using gift cards
Use gift cards as soon as possible to get full value. It is
not unusual to misplace or forget about gift cards.
Treat gift cards like cash and report lost or stolen cards
immediately to the issuer.
Hold on to receipts and any other printed material until
all the money on the card has been used.
Contact the issuer if there is a problem most issuers
provide toll-free numbers. It may be possible to have an
expired card honored or fees reversed.
More information and complaints
Because Wisconsin does not regulate the sale of gift
cards, contact these federal agencies for more
information or to file a complaint:
Retailer and restaurant issued cards:
Federal Trade Commission
ftc.gov
Complaints:
ReportFraud.ftc.gov
Phone: (877) 382-4357
Bank issued cards:
Comptroller of the Currency (OCC)
occ.treas.gov
Customer Assistance Group
Phone: (800) 613-6743
FAX: (713) 336-4301
For more information or to file a complaint,
visit our website or contact:
Wisconsin Department of Agriculture,
Trade and Consumer Protection
Bureau of Consumer Protection
2811 Agriculture Drive, PO Box 8911
Madison, WI 53708-8911
Website: datcp.wi.gov
(800) 422-7128 TTY: (608) 224-5058
(Information taken from the Federal Reserve website)
GiftCards428 (rev 10/23)