Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0759 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2023 -- S 0759 SUBSTITUTE A ~~AS AMENDED~~
	5	+	2023 -- S 0759 SUBSTITUTE A
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7	7		LC001496/SUB A
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9	9		S TATE OF RHODE IS LAND
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2023
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO COMMERCI AL LAW--GENERAL REGULATORY P ROVISIONS -- GIFT
16	16		CARD FRAUD
17	17		Introduced By: Senators Gu, Sosnowski, Euer, Mack, Britto, Kallman, DiPalma, and
18	18		Gallo
19	19		Date Introduced: March 23, 2023
20	20		Referred To: Senate Commerce
21	21
22	22
23	23		It is enacted by the General Assembly as follows:
24	24		SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 1
25	25		REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 2
26	26		CHAPTER 59 3
27	27		GIFT CARD FRAUD 4
28	28		6-59-1. Definitions. 5
29	29		As used in this chapter, "gift card" means a written promise or electronic payment device 6
30	30		that: 7
31	31		(1) Is usable at a single merchant or an affiliated group of merchants that share the same 8
32	32		name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers; 9
33	33		(2) Is issued in a specific amount; 10
34	34		(3) May or may not be increased in value or reloaded; 11
35	35		(4) Is purchased and/or loaded on a prepaid basis for the future purchase or delivery of any 12
36	36		goods or services; and 13
37	37		(5) Is honored upon presentation. 14
38	38		6-59-2. Posting of notice of gift card fraud at retail establishments. 15
39	39		No person, firm, partnership, association, retailer or corporation shall sell a gift card to a 16
40		-	purchaser unless the seller displays a conspicuous notice~~, in a form prescribed by~~ the ~~department~~ 17
41		-	~~of business regulation, at or near where the gift card is displayed~~ and at or near the physical location 18
	40	+	purchaser unless the seller displays a conspicuous notice at or near where the gift card is displayed 17
	41	+	and at or near the physical location where the sale occurs, that: 18
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44	44		LC001496/SUB A - Page 2 of 3
45		-	where the sale occurs, that: 1
46		-	(1) Cautions the purchaser about prepaid card scams; and 2
47		-	(2) Instructs the purchaser on what to do if they suspect they might be a potential victim of 3
48		-	such a scam. 4
49		-	6-59-3. Penalty for violation. 5
50		-	Any person, firm, partnership, association, corporation or retail mercantile establishment 6
51		-	that violates the provisions of this chapter shall be subject to a civil penalty of up to two hundred 7
52		-	fifty dollars ($250). 8
53		-	SECTION 2. This act shall take effect upon passage. 9
	45	+	(1) Cautions the purchaser about prepaid card scams; and 1
	46	+	(2) Instructs the purchaser on what to do if they suspect they might be a potential victim of 2
	47	+	such a scam. 3
	48	+	6-59-3. Penalty for violation. 4
	49	+	Any person, firm, partnership, association, corporation or retail mercantile establishment 5
	50	+	that violates the provisions of this chapter shall be subject to a civil penalty of up to five hundred 6
	51	+	dollars ($500). 7
	52	+	SECTION 2. This act shall take effect upon passage. 8
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55	54		LC001496/SUB A
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59	58		LC001496/SUB A - Page 3 of 3
60	59		EXPLANATION
61	60		BY THE LEGISLATIVE COUNCIL
62	61		OF
63	62		A N A C T
64	63		RELATING TO COMMERCI AL LAW--GENERAL REGULATORY P ROVISIONS -- GIFT
65	64		CARD FRAUD
66	65		***
67	66		This act would require retailers in the state that display gift cards for sale to post a notice 1
68	67		warning of gift card fraud and instructions on what to do if a customer suspects being a victim of 2
69	68		fraud. Any violations of this act would be subject to a civil penalty in the amount of up to five 3
70	69		hundred dollars ($500). 4
71	70		This act would take effect upon passage. 5
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73	72		LC001496/SUB A
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