# Title 51 — Sales and Exchanges

## Chapter 51-29 — Gift Certificates

### § 51-29-01. Definition.

As used in this chapter, "gift certificate" means a record evidencing a promise, made for
monetary consideration, by the seller or issuer of the record that goods or services will be
provided to the owner of the record to the value shown in the record. The term includes a record
that contains a microprocessor chip, magnetic strip, or other means of storage of information
that is prefunded and for which the value is decreased upon each use; a gift card; an electronic
gift card; an online gift account; a stored-value card; a store card; a prepaid telephone card; or a
similar record or card.
The term does not include a general-use prepaid card issued by a prepaid card issuer,
including a plastic card or other electronic payment device that is usable at multiple, unaffiliated
merchants or service providers or at an automatic teller machine, and purchased or loaded on a
prepaid basis; a general-use prepaid card issued by a prepaid card issuer and purchased by a
person that is not an individual; or a debit card linked to a deposit account.
### § 51-29-02. Expiration dates - Service fees.

A person may not charge additional monthly or annual service or maintenance fees on a gift
certificate. A person may not limit the time for redemption of a gift certificate to a date before six
years after the date of purchase of the gift certificate, place an expiration date on a gift
certificate before six years after the date of purchase of the gift certificate, or include on a gift
certificate any statement suggesting that an expiration or redemption date, except as permitted
in this section, may apply to a gift certificate.
This section does not apply to a gift certificate distributed to a consumer pursuant to an
awards, loyalty, or promotional program without any money or other thing of value being given in
exchange for the gift certificate by the consumer. Any restriction or limitation on such gift
certificate must be disclosed to the consumer, in writing, at the time the gift certificate is
distributed to the consumer.
### § 51-29-03. Enforcement - Powers - Remedies - Penalties.

The attorney general shall enforce this chapter. In enforcing this chapter, the attorney
general has all the powers provided in this chapter or chapter 51-15 and may seek all remedies
in this chapter or chapter 51-15. A violation of this chapter constitutes a violation of chapter
51-15. The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and
are in addition to all other causes of action, remedies, and penalties as provided in chapter
51-15 and as otherwise provided by law.
