50-6,108. Gift certificates or gift cards; regulation of; exceptions; definitions. (a) On and after January 1, 2007, no person, firm, partnership, association or corporation shall sell a gift certificate or gift card to a purchaser containing an expiration date which is less than five years from the date of purchase.
(b) A gift certificate or gift card sold without an expiration date is valid until redeemed or replaced. A merchant shall not be required to redeem a gift card or gift certificate for cash.
(c) No fees may be charged against the balance of a gift card or gift certificate within 12 months from the date of issuance of the card.
(d) This section shall not apply to any of the following gift certificates or gift cards issued on and after January 1, 2007, provided the expiration date appears on the front of the gift certificate or gift card:
(1) Gift certificates or gift cards that are distributed by the issuer to a consumer without any money or other thing of value being given in exchange for the gift certificate or gift card by the consumer; or
(2) gift certificates or gift cards that are sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fund-raising purposes.
(e) All conditions and limitations shall be disclosed to the purchaser of a gift certificate or gift card at the time of purchase. If such conditions or limitations are not complied with by the purchaser, the issuer shall not be required to, but may, redeem such gift certificate or gift card.
(f) As used in this section:
(1) "Gift card" means a tangible device, whereon is embedded or encoded in an electronic or other format a value issued in exchange for payment, which promises to provide to the bearer merchandise of equal value to the remaining balance of the device. "Gift card" does not include a prepaid bank card;
(2) "gift certificate" means a written promise given in exchange for full or discounted payment, or without any money or other thing of value being given in exchange, to provide merchandise in a specified amount or of equal value to the bearer of the certificate. "Gift certificate" does not include a prepaid bank card;
(3) "prepaid bank card" means a general use, prepaid card or other electronic payment device that is issued by a bank or other financial institution in a predenominated amount useable at multiple, unaffiliated merchants or at automated teller machines, or both.
(g) This section shall be part of and supplemental to the Kansas consumer protection act.
History: L. 2006, ch. 116, ยง 1; July 1.
Structure Kansas Statutes
Chapter 50 - Unfair Trade And Consumer Protection
Article 6 - Consumer Protection
50-618 Unsolicited credit cards; rights of recipient when card lost or stolen.
50-620 Prohibited acts; certain information as to ownership of junk required; register.
50-623 Kansas consumer protection act; purpose; construction.
50-625 Waiver; agreement to forego rights; settlement of claims.
50-626 Deceptive acts and practices.
50-627 Unconscionable acts and practices.
50-628 Duties of the attorney general.
50-629 General powers of the attorney general.
50-630 Rule-making requirements.
50-631 Investigation of violations; remedies.
50-633 Coordination with other supervision.
50-635 Consumer protection act; application.
50-637 Powers of receiver; effect of receivership.
50-638 Jurisdiction and venue.
50-640 Door-to-door sales; cancellation; required disclosures; notice of cancellation; definition.
50-640a Individuals prohibited from engaging in door-to-door sales.
50-644 Thermal insulation, flame spread standards.
50-647 Odometer fraud; civil remedies; definitions.
50-648 Odometer fraud; purchase of motor vehicle voided; consumer remedies.
50-649 Odometer fraud; enforcement by attorney general.
50-650 Odometer fraud; purchase of motor vehicle not voided; consumer remedies.
50-651 Odometer fraud; civil penalty.
50-652 Odometer statement required; exceptions.
50-653 Title search disclosure; supplier no liability if disclosed.
50-653a Odometer fraud; attorney general investigations of violations; subpoena power.
50-654 Kansas collision damage waiver act; citation.
50-657 Rental agreement; collision damage waiver; requirements.
50-658 Collision damage waiver; deceptive acts or practices.
50-660 After market parts; definitions.
50-661 Disclosure by insurer to use after market parts; violations.
50-662 Disclosure requirements; installer of parts responsible for negligent installation.
50-663 Enforcement under consumer protection act; deceptive act or practice.
50-664 Vehicles not covered by act.
50-665 Failure to disclose by vehicle dealer that vehicle is being sold by dealer.
50-666 Invention promotion services; definitions.
50-667 Same; disclosures; required information and statement in contract.
50-668 Deceptive act or practice; supplemental to Kansas consumer protection act.
50-669 Required presentation of credit card when writing a check; exceptions.
50-669a Prohibiting the taking of personal information when using a credit card.
50-669b Prohibiting printing of credit card or debit card account numbers on receipts.
50-670 Kansas no-call act; definitions; requirements and prohibitions; remedies.
50-670a Same; no-call list; prohibitions; remedies; attorney general, powers and duties.
50-675 Supplemental to Kansas consumer protection act; unconscionable acts.
50-676 Protected consumer; definitions.
50-677 Same; enhanced civil penalty.
50-678 Same; factors to consider in imposition of enhanced civil penalty.
50-679 Same; cause of action; priority over enhanced civil penalty.
50-679a K.S.A. 50-676 through 50-679 supplemental to consumer protection act.
50-682 Lease-purchase agreements; scope; applicability of other laws.
50-683 Same; required disclosures by lessor, when and how.
50-684 Same; required disclosures in agreement.
50-685 Same; proscribed provisions.
50-686 Same; consumer's right to reinstate agreement.
50-687 Same; written receipt required.
50-690 Same; unconscionable act or practice.
50-692 Prize notification; definitions; requirements of notice and solicitation; violations.
50-6,100 Arbitration of disputes.
50-6,103 Telecommunications services; unauthorized change of provider or addition of services.
50-6,104 Sale of cigarettes in violation of cigarette and tobacco products act.
50-6,105 Method of payment; express authorization required; when.
50-6,106 Unconscionable acts; remedies.
50-6,108 Gift certificates or gift cards; regulation of; exceptions; definitions.
50-6,109 Scrap metal theft reduction act; definitions.
50-6,109b Same; violations, powers of attorney general.
50-6,109c Same; violations, civil penalty; appeal.
50-6,109d Same; civil action by attorney general; penalty.
50-6,109e Same; engaging in business, jurisdiction; administrative or civil action, venue.
50-6,109f Scrap metal; regulation by municipality, limitations.
50-6,111 Unlawful acts, scrap metal dealer; required information; records.
50-6,112a Scrap metal dealer registration; fees.
50-6,112b Same; persons and business entities prohibited from registration.
50-6,112c Same; suspension or revocation; appeal.
50-6,112d Same; expiration of act.
50-6,114 Vehicle protection products; definitions; not insurance.
50-6,115 Same; incidental costs; conditions.
50-6,116 Truth in musical performance advertising act.
50-6,118 Same; unlawful advertising of a live musical performance; exceptions.
50-6,120 Same; affirmative defense.
50-6,121 Kansas roofing registration act; citation.
50-6,123 Same; registration certificate required; penalties.
50-6,124 Same; administration of act; rules and regulations.
50-6,125 Same; registration application requirements; refusal to register; notification.
50-6,126 Same; criminal history record inquiry.
50-6,127 Same; duties of roofing contractor.
50-6,128 Same; fees; roofing contractor registration fund.
50-6,130 Same; application for registration, time limit for processing.
50-6,131 Same; notification of attorney general required, when; fees.
50-6,132 Same; roofing contractor registration certificate renewal; reinstatement fee.
50-6,133 Same; violations; complaints; investigations; subpoenas.
50-6,135 Same; disclosure of roofing contractor's registration certificate number.
50-6,136 Same; information system, establishment of.
50-6,137 Same; effect on other statutes.
50-6,138 Same; deceptive or unconscionable acts or practices.
50-6,138a Violations; general contractor's duty to report.
50-6,138b Letter of exemption for general contractor.
50-6,139 Identity theft; identity fraud; unconscionable act or practice; Wayne Owen act.
50-6,139a Attorney general assistance for victims of identity-related crimes.
50-6,139b Requirements for holders of personal information.
50-6,140 Bad faith assertion of patent infringement; unconscionable act or practice.
50-6,141 Unlicensed conduct as a bail enforcement agent; penalties.
50-6,142 Unauthorized practice of law; penalties.
50-6,143 Residential real estate insurance policy; assignment of rights or benefits to contractor.