A bill to provide increased consumer protections for gift cards.
Gift Card Consumer Protection Act of 2012 - Amends the Electronic Fund Transfer Act to repeal the exclusion from, and so include within, the definitions of "general-use prepaid card," "gift certificate," and "store gift card" a loyalty, award, or promotional gift card (thus extending to the latter the same consumer protections).
Repeals exceptions to the prohibitions against: (1) imposition of a dormancy fee, an inactivity fee, or a service fee in connection with a gift certificate, store gift card, or general-use prepaid card; and (2) the sale of gift cards with expiration dates. (Thereby renders such fees and expiration dates unlawful without exception.)
Makes it unlawful for a person that has filed for federal bankruptcy protection to either sell, resell, issue, or reissue a gift certificate or store gift card.
Amends federal bankruptcy law to declare that the filing of a petition in bankruptcy shall not operate as a stay against the presentation or redemption of a gift certificate or store gift card at full value.
Requires the trustee in bankruptcy, if the debtor's business is authorized to be operated, unless the court orders otherwise, to: (1) honor at full value a gift certificate or store gift card issued by the debtor, and (2) treat the gift certificate or gift card the same as cash.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6895-6896)
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
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