assembly Bill A7610E

Signed By Governor
2015-2016 Legislative Session

Restricts fees on gift cards and gift certificates

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (33)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 26, 2016 signed chap.329
Sep 20, 2016 delivered to governor
Jun 08, 2016 returned to assembly
passed senate
3rd reading cal.1489
substituted for s4771e
Jun 06, 2016 referred to consumer protection
delivered to senate
passed assembly
Jun 01, 2016 amended on third reading 7610e
Feb 09, 2016 amended on third reading (t) 7610d
Jan 06, 2016 ordered to third reading cal.302
returned to assembly
died in senate
Jun 16, 2015 recommitted to rules
returned to senate
repassed assembly
Jun 15, 2015 restored to third reading
amended by restoring to previous print 7610b
Jun 11, 2015 vote reconsidered - restored to third reading
returned to assembly
recalled from senate
Jun 10, 2015 referred to rules
delivered to senate
passed assembly
Jun 09, 2015 ordered to third reading rules cal.160
rules report cal.160
reported
Jun 05, 2015 amend and recommit to rules 7610b
Jun 11, 2015 amended on third reading 7610c
Jun 03, 2015 amend and recommit to rules 7610a
Jun 02, 2015 reported referred to rules
May 20, 2015 referred to consumer affairs and protection

A7610 - Details

See Senate Version of this Bill:
S4771
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

A7610 - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

A7610 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7610

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  fees on gift cards and gift certificates

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 3 and 5 of section 396-i of the general busi-
ness law, as amended by chapter 507 of the laws of 2004, are amended  to
read as follows:
  3.  The  terms and conditions of a gift certificate store credit shall
be clearly and conspicuously stated thereon. Terms and conditions  shall
include  the expiration date, [whether any fees are assessed against the
balance of the gift certificate, and whether a fee will be charged  for]
AND  PROCEDURE  FOR  the replacement of a gift certificate that is lost,
stolen, or destroyed. Additional terms and conditions including, but not
be limited to, policies related to refunds, warranties, changes in terms
and conditions, assignment and waiver shall  be  conspicuously  printed:
(a) on the gift certificate; or (b) on an envelope or packaging contain-
ing  the gift certificate, provided that a toll free telephone number to
access the additional terms  and  conditions  is  printed  on  the  gift
certificate; or (c) on an accompanying printed document, provided that a
toll free telephone number to access the additional terms and conditions
is printed on the gift certificate.
  5.  (a) No [retroactive] fees shall be assessed against a gift certif-
icate.
  (b) No monthly service fees may be assessed against the balance  of  a
gift certificate [prior to the thirteenth month of dormancy].
  (c)  For  the purposes of this subdivision, "dormancy" shall mean non-
use of a gift certificate. Use of a gift certificate shall include,  but
not be limited to, adding value, or purchases.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

A7610A - Details

See Senate Version of this Bill:
S4771
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

A7610A - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

A7610A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7610--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the general business law,  in  relation  to  prohibiting
  fees on gift cards and gift certificates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 3 and 5 of section 396-i of the general  busi-
ness  law, as amended by chapter 507 of the laws of 2004, are amended to
read as follows:
  3. The terms and conditions of a gift certificate store  credit  shall
be  clearly and conspicuously stated thereon. Terms and conditions shall
include the expiration date, whether any fees are assessed  against  the
balance  of  the  gift  certificate, THE PROCEDURE FOR and whether a fee
will be charged for the replacement of a gift certificate that is  lost,
stolen,  or  destroyed, IF ANY.  Additional terms and conditions includ-
ing, but not be limited to, policies  related  to  refunds,  warranties,
changes in terms and conditions, assignment and waiver shall be conspic-
uously  printed:  (a)  on the gift certificate; or (b) on an envelope or
packaging containing the gift certificate, provided  that  a  toll  free
telephone number to access the additional terms and conditions is print-
ed  on the gift certificate; or (c) on an accompanying printed document,
provided that a toll free telephone  number  to  access  the  additional
terms and conditions is printed on the gift certificate.
  5.  (a) No [retroactive] fees shall be assessed against a gift certif-
icate THAT IS ONLY USABLE AT A SINGLE MERCHANT OR AN AFFILIATED GROUP OF
MERCHANTS THAT SHARE THE SAME NAME, MARK OR LOGO.
  (b) No monthly service fees may be assessed against the balance  of  a
gift  certificate  [prior  to],  EXCEPT  THAT GIFT CERTIFICATES THAT ARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-06-5

Co-Sponsors

A7610B - Details

See Senate Version of this Bill:
S4771
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

A7610B - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

A7610B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7610--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M. of A. DINOWITZ, ABINANTI -- read once and referred to
  the Committee on Consumer  Affairs  and  Protection  --  reported  and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on   Rules  --  Rules  Committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the general business law,  in  relation  to  prohibiting
  fees on gift cards and gift certificates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 3 and 5 of section 396-i of the general  busi-
ness  law, as amended by chapter 507 of the laws of 2004, are amended to
read as follows:
  3. The terms and conditions of a gift certificate store  credit  shall
be  clearly and conspicuously stated thereon. Terms and conditions shall
include the expiration date, whether any fees are assessed  against  the
balance  of  the  gift  certificate, THE PROCEDURE FOR and whether a fee
will be charged for the replacement of a gift certificate that is  lost,
stolen,  or  destroyed, IF ANY.  Additional terms and conditions includ-
ing, but not be limited to, policies  related  to  refunds,  warranties,
changes in terms and conditions, assignment and waiver shall be conspic-
uously  printed:  (a)  on the gift certificate; or (b) on an envelope or
packaging containing the gift certificate, provided  that  a  toll  free
telephone number to access the additional terms and conditions is print-
ed  on the gift certificate; or (c) on an accompanying printed document,
provided that a toll free telephone  number  to  access  the  additional
terms and conditions is printed on the gift certificate.
  5.  (a) [No retroactive] FOR GIFT CERTIFICATES THAT ARE ONLY USABLE AT
A SINGLE MERCHANT OR AN AFFILIATED GROUP OF  MERCHANTS  THAT  SHARE  THE
SAME  NAME,  MARK OR LOGO, NO fees shall be assessed against THE BALANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-09-5

Co-Sponsors

A7610C - Details

See Senate Version of this Bill:
S4771
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

A7610C - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

A7610C - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7610--C
                                                           R. R. 160

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M. of A. DINOWITZ, ABINANTI -- read once and referred to
  the Committee on Consumer  Affairs  and  Protection  --  reported  and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on   Rules  --  Rules  Committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to  the  Committee  on  Rules  --
  passed  by  Assembly  and  delivered  to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its place on the special order of third reading

AN  ACT  to  amend  the general business law, in relation to prohibiting
  fees on gift cards and gift certificates

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 3 and 5 of section 396-i of the general busi-
ness law, as amended by chapter 507 of the laws of 2004, are amended  to
read as follows:
  3.  The  terms and conditions of a gift certificate store credit shall
be clearly and conspicuously stated thereon. Terms and conditions  shall
include  the  expiration date, whether any fees are assessed against the
balance of the gift certificate, THE PROCEDURE FOR  and  whether  a  fee
will  be charged for the replacement of a gift certificate that is lost,
stolen, or destroyed, IF ANY.  Additional terms and  conditions  includ-
ing,  but  not  be  limited to, policies related to refunds, warranties,
changes in terms and conditions, assignment and waiver shall be conspic-
uously printed: (a) on the gift certificate; or (b) on  an  envelope  or
packaging  containing  the  gift  certificate, provided that a toll free
telephone number to access the additional terms and conditions is print-
ed on the gift certificate; or (c) on an accompanying printed  document,
provided  that  a  toll  free  telephone number to access the additional
terms and conditions is printed on the gift certificate.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-12-5

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A7610D - Details

See Senate Version of this Bill:
S4771
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

A7610D - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

A7610D - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7610--D
                                                        Cal. No. 302

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M. of A. DINOWITZ, ABINANTI -- read once and referred to
  the Committee on Consumer  Affairs  and  Protection  --  reported  and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on   Rules  --  Rules  Committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to  the  Committee  on  Rules  --
  passed  by  Assembly  and  delivered  to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its place on the special order of third reading -- advanced to a third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the general business law,  in  relation  to  restricting
  fees on gift cards and gift certificates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 3 and 5 of section 396-i of the general  busi-
ness law, as amended by chapter 507 of the laws of 2004, are amended and
a new subdivision 5-a is added to read as follows:
  3.  The  terms and conditions of a gift certificate store credit shall
be clearly and conspicuously stated thereon. Terms and conditions  shall
include  the  expiration date, whether any fees are assessed against the
balance of the gift certificate, THE PROCEDURE FOR  and  whether  a  fee
will  be charged for the replacement of a gift certificate that is lost,
stolen, or destroyed, IF ANY.  Additional terms and  conditions  includ-
ing,  but  not  be  limited to, policies related to refunds, warranties,
changes in terms and conditions, assignment and waiver shall be conspic-
uously printed: (a) on the gift certificate; or (b) on  an  envelope  or
packaging  containing  the  gift  certificate, provided that a toll free
telephone number to access the additional terms and conditions is print-
ed on the gift certificate; or (c) on an accompanying printed  document,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-15-6

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A7610E (ACTIVE) - Details

See Senate Version of this Bill:
S4771
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

A7610E (ACTIVE) - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

A7610E (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7610--E
                                                        Cal. No. 302

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M.  of A. DINOWITZ, ABINANTI, GOTTFRIED, COLTON, CRESPO,
  GALEF, GUNTHER, SEPULVEDA, OTIS, HYNDMAN, SEAWRIGHT -- Multi-Sponsored
  by -- M. of A.  COOK, ENGLEBRIGHT, GLICK, HOOPER, RUSSELL,  WALKER  --
  read  once  and  referred  to  the  Committee  on Consumer Affairs and
  Protection -- reported and referred to the Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  the Committee on Rules -- Rules Committee discharged,
  bill amended, ordered reprinted as  amended  and  recommitted  to  the
  Committee  on Rules -- passed by Assembly and delivered to the Senate,
  recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
  reprinted,  retaining  its place on the special order of third reading
  -- advanced to a third reading, amended and ordered reprinted, retain-
  ing its place on the order of third reading -- again amended on  third
  reading,  ordered reprinted, retaining its place on the order of third
  reading

AN ACT to amend the general business law,  in  relation  to  restricting
  fees on gift cards and gift certificates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 3 and 5 of section 396-i of the general  busi-
ness law, as amended by chapter 507 of the laws of 2004, are amended and
a new subdivision 5-a is added to read as follows:
  3.  The  terms and conditions of a gift certificate store credit shall
be clearly and conspicuously stated thereon. Terms and conditions  shall
include  the  expiration date, whether any fees are assessed against the
balance of the gift certificate, and whether a fee will be  charged  for
the  replacement  of  a  gift  certificate  that  is  lost,  stolen,  or
destroyed, IF ANY.  Additional terms and conditions including,  but  not
[be]  limited  to,  policies  related to refunds, warranties, changes in
terms and conditions, THE  PROCEDURE  FOR  THE  REPLACEMENT  OF  A  GIFT
CERTIFICATE, IF ANY, assignment and waiver shall be conspicuously print-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.