47-18-127 - Gift certificates. - Tennessee Statutes

47-18-127. Gift certificates.

(a)  Subject to subsection (d), no person or entity shall sell a gift certificate to a purchaser containing an expiration date that is less than two (2) years after the date the gift certificate is issued or shall charge a fee for the issuance of a gift certificate.

(b)  No person or entity, within two (2) years after a gift certificate is issued, shall charge service charges or fees relative to the gift certificate, including dormancy fees, latency fees, or administrative fees that have the effect of reducing the total amount for which the holder of the gift certificate may redeem the gift certificate.

(c)  A gift certificate or prepaid card, as defined in subsection (e), sold without an expiration date is valid until redeemed or replaced with a new gift certificate or prepaid card.

(d)  Subsections (a) and (b) shall not apply to a gift certificate that is:

     (1)  Distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or anything of value being given in exchange for the gift certificate by the consumer;

     (2)  Sold below face value at a volume discount to employers or given or sold below face value to nonprofit or charitable organizations for fundraising purposes;

     (3)  Sold by a nonprofit or charitable organization for fundraising purposes;

     (4)  Given to an employee by an employer, if use of the gift certificate is limited to the employer's business establishment, which may include a group of merchants that are affiliated with the business establishment; or

     (5)  [Deleted by 2009 amendment.]

     (6)  Issued by an employer to an employee in recognition of services performed by the employee.

(e)  A gift certificate does not include a prepaid calling card used to make telephone calls or a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both.

[Acts 2006, ch. 622, § 1; 2006, ch. 929, § 1; 2009, ch. 277, §§ 1-3.]