Rhode Island 2025 Regular Session

Rhode Island House Bill H6212 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 6212
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7	7	LC002662
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S -- GIFT
16	16	CARD FRAUD
17	17	Introduced By: Representatives Baginski, and J. Brien
18	18	Date Introduced: April 09, 2025
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 6-59-1 and 6-59-3 of the General Laws in Chapter 6-59 entitled 1
24	24	"Gift Card Fraud" are hereby amended to read as follows: 2
25	25	6-59-1. Definitions. 3
26	26	As used in this chapter,: 4
27	27	(1) “Cardholder” means any person to whom a physical or virtual gift card is issued or any 5
28	28	person who has agreed with the card issuer to pay obligations arising from the issuance of a gift 6
29	29	card to another person. 7
30	30	(2) “Card issuer” means any person that issues a gift card or the agent of that person with 8
31	31	respect to that card. 9
32	32	(3) “Closed-loop gift card” means a card, code, or device that is issued to a consumer on a 10
33	33	prepaid basis primarily for personal, family, or household purposes in a specified amount, 11
34	34	regardless of whether that amount may be increased or reloaded in exchange for payment; and is 12
35	35	redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants. 13
36	36	(4) “Forgery” means any person who, with the intent to defraud, alters or tampers with a 14
37	37	gift card. 15
38	38	(5) “gift Gift card” means a written promise or electronic payment device that: 16
39	39	(1)(i) Is usable at a single merchant or an affiliated group of merchants that share the same 17
40	40	name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers; 18
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44	44	(2)(ii) Is issued in a specific amount; 1
45	45	(3)(iii) May or may not be increased in value or reloaded; 2
46	46	(4)(iv) Is purchased and/or loaded on a prepaid basis for the future purchase or delivery of 3
47	47	any goods or services; and 4
48	48	(5)(v) Is honored upon presentation. 5
49	49	(6) “Gift card redemption information” means information unique to each gift card which 6
50	50	allows the cardholder to access, transfer, or spend the funds on that gift card. 7
51	51	(7) “Gift card seller” means a merchant that is engaged in the business of selling open-loop 8
52	52	or closed-loop gift cards to consumers. 9
53	53	(8) “Open-loop gift card” means a card, code, or device that is issued to a consumer on a 10
54	54	prepaid basis primarily for personal, family, or household purposes in a specified amount, 11
55	55	regardless of whether that amount may be increased or reloaded in exchange for payment; and is 12
56	56	redeemable upon presentation at multiple unaffiliated merchants for goods or services within the 13
57	57	payment card network. 14
58	58	(9) “Value” means the greatest amount of economic loss the owner of the property might 15
59	59	reasonably suffer including, in the case of a gift card, the full monetary face value or potential value 16
60	60	for variable load gift cards. 17
61	61	6-59-3. Penalty for violation Penalty for violation of posting requirement. 18
62	62	Any person, firm, partnership, association, corporation, or retail mercantile establishment 19
63	63	that violates the provisions of § 6-59-2 this chapter shall be subject to a civil penalty of up to two 20
64	64	hundred fifty dollars ($250). 21
65	65	SECTION 2. Chapter 6-59 of the General Laws entitled "Gift Card Fraud" is hereby 22
66	66	amended by adding thereto the following section: 23
67	67	6-59-4. Crimes involving gift cards. 24
68	68	(a) Any person who, with intent to defraud, acquires or retains possession of a gift card or 25
69	69	gift card redemption information without the consent of the cardholder, card issuer, or gift card 26
70	70	seller, in an amount less than one thousand five hundred dollars ($1,500), is guilty of larceny and 27
71	71	subject to a fine of up to one thousand dollars ($1,000) or by imprisonment of up to one year, plus 28
72	72	restitution for any person or entity defrauded; or if the larceny exceeds one thousand five hundred 29
73	73	dollars ($1,500) then subject to the penalties as provided pursuant to the provisions of § 11-41-5. 30
74	74	(b) Any person who, with intent to defraud, alters or tampers with a gift card is guilty of 31
75	75	forgery and shall be subject to the penalties pursuant to the provisions of § 11-17-1. 32
76	76	(c) Any person who, with intent to defraud, uses, for the purpose of obtaining money, 33
77	77	goods, services, or anything else of value, a gift card or gift card redemption information that has 34
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81	81	been obtained in violation of subsection (a) or (b) of this section in an amount in excess of one 1
82	82	thousand five hundred dollars ($1,500) is guilty of larceny and subject to the penalties as provided 2
83	83	pursuant to § 11-41-5. 3
84	84	(d) If the value of all money, goods, services, and other things of value obtained in violation 4
85	85	of this section exceeds one thousand five hundred dollars ($1,500) in any consecutive six (6) month 5
86	86	period, then the person shall be guilty of larceny and subject to the penalties as provided in § 11-6
87	87	41-5. 7
88	88	SECTION 3. This act shall take effect upon passage. 8
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95	95	EXPLANATION
96	96	BY THE LEGISLATIVE COUNCIL
97	97	OF
98	98	A N A C T
99	99	RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY P ROVISIONS -- GIFT
100	100	CARD FRAUD
101	101	***
102	102	This act would make offenses against gift card holders subject to the penalties for larceny. 1
103	103	This act would take effect upon passage. 2
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