question for the pros

[idonailz61]

I know this may sound like a really stupid question, but since my dear grandmother use to tell me that the only stupid questions are those not asked, I'm going for it. I owned a large Salon which I semi-retired from in January. I now have a smaller clientele and work only two days per week. Having said that, I have a former client who purchased gift certificates a few years ago (they've since expired) who now wants her money returned. I really have no problem returning her money, but via e-mail, she recently said something that piqued my interest and I would like to know if it is, in fact, true. She said that it is unlawful for gift certificates to expire in the state of nj. I find that hard to believe, but would like to know the truth. Anyone willing to educate me on this subject is welcome to do so!!!! PLEASE!!!!!!! 1

 

[jacksgal]

First off did she give your the specfic law or statute of which she speaks? Second if your refunding the money its a dead issue

 

[AuntieCoosa]

I'm not a pro, but I googled "gift certificate law in NJ" and found the following:

http://www.loeb.com/newjerseyamendsgiftcardlaw/

According to LOEB dot com:
The new law will

prohibit gift cards and gift certificates from expiring within 24 months of issue;
prohibit charging dormancy fees within 24 months of issue or within 24 months of the most recent transaction; and
prohibit dormancy fees that exceed $2.00 per month.

In addition, gift cards and gift certificates will not expire and will not be subject to dormancy fees unless the following disclosures are made at the time of purchase: the terms of expiration dates and/or dormancy fees and a telephone number a consumer can call for information on expiration dates and dormancy fees must be printed in at least 10 point font (1) on the gift card or gift certificate, (2) on the packaging for the gift card or gift certificate, or (3) on a sales receipt.

http://www.njleg.state.nj.us/2004/Bills/A3500/3017_I1.PDF
Has the entire bill in PDF and states:
9 1. a. A gift certificate issued by a retail merchandise establishment
10 shall be valid until presented in exchange for that merchandise [, or
11 shall have any and all conditions and limitations: (1) disclosed to the
12 purchaser of the gift certificate at the time of purchase and (2)
13 conspicuously printed on the gift certificate] and redeemable at full
14 face value for a period of not more than 24 months following the date
15 of purchase of the gift certificate. Reimbursements and exchanges for
16 a gift certificate shall take place no later than 24 months from the date
17 of purchase of the certificate.

I'm not a lawyer and never played on on television.

 

[idonailz61]

First off did she give your the specfic law or statute of which she speaks? Second if your refunding the money its a dead issue

well, she says I told her that gift certificates were not allowed to have expiration dates and it is not legal to have them expire at any time. I would like to refund the money and get this person out of my hair, so to speak, but would also like to include information regarding this issue, with said refund. Also, one of the g/c's for which she requested a refund is not in her name. I believe the second g/c is her daughter's (who is over 21). Should I refund that g/c to the daughter or to the mother who is requesting the refund? I just have this weird feeling that she is going to come back to me in the future with some balogna about this whole nightmare! BTW, I googled it as well, but didn't get anything! Go figure! Thanks so much and if you've got any more info, I will be listening! Thanks again!

 

[jacksgal]

If you want this over and done (right or wrong) just do as you state refund the money and be done with it.

 

[idonailz61]

I think you misunderstood. I want this done WITH NO FUTURE REPERCUSSIONS. I don't care about the money, but I want to protect myself against anything that she may construe as unlawful. Again, one g/c is in someone else's name. I do not feel comfortable, with this particular person, refunding THAT g/c to her. And, jftr, I think it is absolutely "right" to refund money on a g/c that wasn't used. Again, I want to protect myself.