SLS 10RS-333 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 342
BY SENATOR MARIONNEAUX
COMMERCIAL REGULATIONS. Provides relative to gift certificates. (8/15/10)
AN ACT1
To amend and reenact R.S. 51:1423(A), (D) and the introductory paragraph of (E), and to2
enact R.S. 51:1423(F), relative to gift certificates; to provide for cash redemption of3
remaining value under a certain amount; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 51:1423(A), (D) and the introductory paragraph of (E) are hereby6
amended and reenacted and R.S. 51:1423(F)is hereby enacted to read as follows: 7
ยง1423. Deceptive trade practices; gift certificates; expiration date8
A. For purposes of this Section, the term "gift certificate" shall mean a9
writing identified as a gift certificate or gift card purchased by a buyer for use by a10
person not redeemable in cash, except as provided in this Section, and usable in its11
face amount in lieu of cash in exchange for goods or services supplied by the seller.12
A gift certificate or gift card shall include an electronic card with a banked dollar13
value, a merchandise credit, a certificate where the issuer has received payment for14
the full face value of the future purchase or delivery of goods or services and any15
other medium that evidences the giving of consideration in exchange for the right to16
redeem the certificate, electronic card or other medium for goods, food, services,17 SB NO. 342
SLS 10RS-333 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
credit or money of at least an equal value.1
* * *2
D. The issuer shall redeem the remaining value of the gift certificate for3
cash if the remaining value is five dollars or less, upon request of the holder.4
E. The provisions of this Section shall not apply to any of the following gift5
certificates:6
* * *7
E. F. Any violation of this Section shall be a deceptive and unfair trade8
practice and shall subject the violator to any and all actions and penalties provided9
for in this Chapter.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Present law defines a "gift certificate" as a writing identified as a gift certificate or gift card
purchased by a buyer for use by a person not redeemable in cash and usable in its face
amount in lieu of cash in exchange for goods or services supplied by the seller. A gift
certificate or gift card includes an electronic card with a banked dollar value, a merchandise
credit, a certificate where the issuer has received payment for the full face value of the future
purchase or delivery of goods or services and any other medium that evidences the giving
of consideration in exchange for the right to redeem the certificate, electronic card or other
medium for goods, food, services, credit or money of at least an equal value.
Proposed law retains present law, but requires the issuer to redeem the remaining value of
the gift certificate for cash if the remaining value is $5.00 or less, upon request of the holder.
Effective August 15, 2010.
(Amends R.S. 51:1423(A), (D), and (E)(intro para); adds R.S. 51:1423(F))