New York 2025-2026 Regular Session

New York Senate Bill S00704

Introduced
1/8/25  
Refer
1/8/25  
Engrossed
6/11/25  

Caption

Enacts the "New York gift certificate scam prevention act" to require certain sale, security and record-keeping requirements for gift certificates by sellers of gift certificates.

Impact

The enactment of S00704 would amend New York's General Business Law to implement specific regulations for in-person sales of gift certificates. Among the key provisions, the bill necessitates the concealment of sensitive information, such as card numbers and PIN codes, to curb unauthorized redemption attempts. Moreover, merchants would be required to offer training to their employees on identifying and addressing potential gift certificate scams, reinforcing consumer protection at the retail level.

Summary

Bill S00704, known as the 'New York Gift Certificate Scam Prevention Act', aims to enhance the security surrounding the sale and resale of gift certificates. The legislation establishes a framework that mandates sellers, particularly third-party resellers, to adhere to heightened security and record-keeping protocols. These measures are designed to prevent fraudulent activities associated with gift certificates, thereby protecting consumers from scams and unauthorized usage of their purchased gift certificates.

Contention

While the bill addresses important consumer protection issues, it may face opposition from various stakeholders. Critics could argue that the stringent record-keeping requirements, including maintaining transaction information for up to three years and potentially invasive oversight by law enforcement, could impose an undue burden on small businesses and third-party resellers. There's also the concern about balancing consumer protection with the operational flexibility of merchants, which may spark debate during legislative discussions.

Companion Bills

NY A07916

Same As Enacts the "New York gift certificate scam prevention act" to require certain sale, security and record-keeping requirements for gift certificates by sellers of gift certificates.

Previously Filed As

NY S09900

Enacts the "New York gift certificate scam prevention act" to require certain packaging security and record-keeping requirements for gift certificates by sellers of gift certificates.

NY A02754

Relates to exemptions from sales and use taxes for gift certificates, electronic gift cards and magnetic gift cards.

NY A10564

Relates to requirements for and forms of certificates of insurance.

NY S04319

Provides certain requirements for health care proxies and death certificates.

NY A03857

Requires dental health certificates to be furnished by a student at the same time that health certificates are required.

NY S07561

Relates to procedures for appointment and reappointment of notaries public, certificates of official character, and certification of electronic notarial records.

NY A07755

Relates to procedures for appointment and reappointment of notaries public, certificates of official character, and certification of electronic notarial records.

NY S09182

Provides for the professional certification of doulas; sets forth requirements for certification as a certified doula; defines terms; makes related provisions.

NY A05473

Requires funeral directors to ensure that death certificates are delivered to the state health department and the department of health of the city of New York who shall in turn deliver certain certificates to the state board of elections.

NY S02072

Requires the issuance of certificates of occupancy for rental property damaged by fire.

Similar Bills

NJ A5709

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CA AB1587

Financial transactions: firearms merchants: merchant category code.

NJ S1866

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

NJ A258

Prohibits use of new merchant category code by credit card companies for purchases of firearms and ammunitions.

NV SB438

Provides for the licensure and regulation of merchant acquirer limited purpose banks. (BDR 55-974)

MS HB3

Third-party delivery service; prohibit from using name, likeness, trademark or intellectual property of merchant without agreement.

MS SB2218

Third-party service; prohibit from using logo or intellectual property belonging to a restaurant without agreement.

NJ S3706

Requires use of merchant category codes for purchases of firearms and ammunition.