California Laws|Section 1749.5.

                                                

1749.5.  

(a) It is unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following:

(1) An expiration date.

(2) A service fee, including, but not limited to, a service fee for dormancy, except as provided in subdivision (e).

(b) (1) Any gift certificate sold after January 1, 1997, is
redeemable in cash for its cash value, or subject to replacement with a new gift certificate at no cost to the purchaser or holder.

(2) Notwithstanding paragraph (1), any gift certificate with a cash value of less than ten dollars ($10) is redeemable in cash for its cash value.

(c) A gift certificate sold without an expiration date is valid until redeemed or replaced.

(d) This section does not apply to any of the following gift certificates issued on or after January 1, 1998, provided the expiration date appears in capital letters in at least 10-point font on the front of the gift certificate:

(1) Gift certificates that are distributed by the issuer 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.

(2) Gift certificates that are donated or sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes if the expiration date on those gift certificates is not more than 30 days after the date of sale.

(3) Gift certificates that are issued for perishable food products.

(e) Paragraph (2) of subdivision (a) does not apply to a dormancy fee on a gift card that meets all of the following criteria:

(1) The remaining value of the gift card is five dollars ($5) or less each time the fee is assessed.

(2) The fee does not exceed one dollar ($1) per month.

(3) There has been no activity on the gift card for 24 consecutive months, including, but not limited to, purchases, the adding of value, or balance inquiries.

(4) The holder may reload or add value to the gift card.

(5) A statement is printed on the gift card in at least 10-point font stating the amount of the fee, how often the fee will occur, that the fee is triggered by inactivity of the gift card, and at what point the fee will be charged. The statement may appear on the front or back of the gift card, but shall appear in a location where it is visible to any purchaser prior to the purchase thereof.

(f) An issuer of gift certificates may accept funds from one or more contributors toward the purchase of a gift certificate intended to be a gift for a
recipient, provided that each contributor is provided with a full refund of the amount that he or she paid toward the purchase of the gift certificate upon the occurrence of all of the following:

(1) The funds are contributed for the purpose of being redeemed by the recipient by purchasing a gift certificate.

(2) The time in which the recipient may redeem the funds by purchasing a gift certificate is clearly disclosed in writing to the contributors and the recipient.

(3) The recipient does not redeem the funds within the time described in paragraph (2).

(g) The changes made to this section by the act adding this subdivision shall apply only to gift certificates issued on or after January 1, 2004.

(h) For purposes of this section, “cash” includes, but is not limited to, currency or check. If accepted by both parties, an electronic funds transfer or an application of the balance to a subscriber’s wireless telecommunications account is permissible.

(Amended by Stats. 2007, Ch. 640, Sec. 1. Effective January 1, 2008.)

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Plaintiff has sufficiently alleged standing to assert a UCL claim based upon the alleged violation of section 1749.5(b)(2). Plaintiff adequately alleges that he has been denied money to which he has a cognizable claim as he has a right under section 1749.5(b)(2) to a redemption of his gift card under $10 and alleges that Defendant denied him that right. The demurrer is sustained as to the First Cause of Action, and overruled as to the Second Cause of Action.

  • Name

    WALSH VS CHEVRON CORPORATION

  • Case No.

    MSC20-02389

  • Hearing

    Jun 03, 2021

Chico’s agrees to comply with Civil Code section 1749.5 in all of its locations in California. (Settlement Agreement, § 1.2.) 2. Chico’s will update its point of sale (POS) software to automatically provide refunds for gift cards with a balance of $10 or less. (Settlement Agreement, § 1.3.) Chico’s will perform internal audits to ensure compliance. (Settlement Agreement, § 1.7.) 3.

  • Name

    DIANA CALLEROS V. CHICO FAS, INC.

  • Case No.

    16CV03271

  • Hearing

    Jul 25, 2017

However, such conduct violates California law, specifically Civil Code section 1749.5(b)(2), which provides that any gift certificate with a cash value of less than ten dollars is redeemable in cash for its cash value. Section 1749.5 was effective January 1, 2008. After the conduct of written discovery and review of the information obtained thereby, the parties engaged in extensive negotiations with the assistance of an experienced mediator, Hon. John L. Wagner (Ret.) of Judicate West.

  • Name

    MARC ZEBRASKY VS BLAZE PIZZA, LLC

  • Case No.

    19CV00838

  • Hearing

    Jan 17, 2020

Civil Code section 1749.5 requires retailers to redeem gift cards for cash upon the consumer’s request when the gift card balance is less than $10. Plaintiff alleges that defendant Chico’s FAS, Inc. (Chico’s), which operates as a retailer offering the sale of apparel and accessories to the public at multiple locations in California, has failed to comply with this requirement and refused to redeem such gift cards for cash. Chico’s denies the allegations of the complaint.

  • Name

    DIANA CALLEROS V. CHICO FAS, INC.

  • Case No.

    16CV03271

  • Hearing

    Mar 28, 2017

(Defendant) agreed to the following: (1) to comply with Civil Code section 1749.5, (2) to confirm that its California employee manuals identify the gift card law, (3) to train its employees re: gift card policies, (4) to train and inform new employees that California law requires that a gift car must be redeemed for cash, upon a customer's request, when the gift card balance falls below $10.00, (5) to post a notice stating the above noted redemption condition in an employee only area, (6) to post a notice stating

  • Name

    SALAZAR VS BUILD-A-BEAR WORKSOP INC [E-FILED]

  • Case No.

    37-2016-00019990-CU-BT-CTL

  • Hearing

    Jun 08, 2017

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Filed

Jan 30, 2009

Status

Dismissal

Judge

Hon. Carolyn B. Kuhl Trellis Spinner 👉 Discover key insights by exploring more analytics for Carolyn B. Kuhl

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Contractual Fraud (General Jurisdiction)

Practice Area

Commercial

Matter Type

Contractual Fraud

Filed

Jun 15, 2004

Status

Settlement

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Claims Involving Mass Tort (General Jurisdiction)

Practice Area

Torts

Matter Type

Mass Torts

Filed

May 27, 2010

Status

Removal

Judge

Hon. Elihu M. Berle Trellis Spinner 👉 Discover key insights by exploring more analytics for Elihu M. Berle

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

Feb 13, 2019

Status

Judgment (Other)

Judge

Hon. Geck, Donna D Trellis Spinner 👉 Discover key insights by exploring more analytics for Geck, Donna D

Court

Santa Barbara County

County

Santa Barbara County, CA

Filed

Jan 29, 2004

Status

Dismissal

Judge

Hon. Carolyn B. Kuhl Trellis Spinner 👉 Discover key insights by exploring more analytics for Carolyn B. Kuhl

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Claims Involving Mass Tort (General Jurisdiction)

Practice Area

Torts

Matter Type

Mass Torts

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