Current through 131st (2023-2024) Legislature Chapter 684
Section 2066 - When stored-value obligation presumed abandoned1.Presumed abandoned after 3 years. Subject to section 2070, the net obligation value of a stored-value obligation is presumed abandoned on the latest of 3 years after: A. December 31st of the year in which the obligation is issued or additional funds are deposited into it; [2019, c. 498, §22(NEW).]B. The most recent indication of interest in the obligation by the apparent owner; and [2019, c. 498, §22(NEW).]C. A verification or review of the balance by or on behalf of the apparent owner. [2019, c. 498, §22(NEW).] [2019, c. 498, §22(NEW).]
2.Amount presumed abandoned. The amount presumed abandoned in a stored-value obligation is the net obligation value at the time it is presumed abandoned. [2019, c. 498, §22(NEW).]
3.No period of limitation, limited charges or fees; exceptions, disclosure. Notwithstanding section 2112, fees, charges or a period of limitation may not be imposed on stored-value obligations, except that the issuer may charge a transaction fee for the initial issuance and for each occurrence of adding value to an existing stored-value obligation. These fees must be disclosed in a separate writing prior to the initial issuance or referenced on the stored-value obligation. Fee restrictions do not apply to any stored-value obligation that enables the holder to transfer the underlying funds to multiple unaffiliated merchants at the merchants' point-of-sale terminals or online or at an automated teller machine. [2021, c. 41, §1(AMD).]
4.Redemption; balance in cash. If a stored-value obligation is redeemed in person and a balance of less than $5 remains following redemption, at the consumer's request the merchant redeeming the stored-value obligation must refund the balance in cash to the consumer. This subsection does not apply to a stored-value obligation with an initial value of $5 or less, or a stored-value obligation that is not purchased but provided as a promotion or as a refund for merchandise returned without a receipt. [2019, c. 498, §22(NEW).]
Amended by 2021, c. 41,§ 1, eff. 6/29/2021.Added by 2019, c. 498,§ 22, eff. 9/19/2019.