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S. 3636

BillFederalSenateIn Committee
Gift Card Consumer Protection Act of 2012
About This Bill
Committee
Latest Action · November 26, 2012
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Congress
112th (2011–2013)
Introduced
November 26, 2012
Cosponsors (2)
1D 0R
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Summary

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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.

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