PRINTER'S NO. 2856
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2186
Session of
2024
INTRODUCED BY CIRESI, HOWARD, MUNROE, CERRATO, SANCHEZ, HILL-
EVANS, KINSEY, JOZWIAK, SHUSTERMAN, HADDOCK, DALEY AND
DELLOSO, APRIL 8, 2024
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, APRIL 8, 2024
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," providing for notice of gift card scams; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 17, 1968 (P.L.1224, No.387),
known as the Unfair Trade Practices and Consumer Protection Law,
is amended by adding a section to read:
Section 9.5. Notice of Gift Card Scams.--(a) A retailer may
not sell a gift card or gift certificate to a purchaser unless
the retailer has displayed a notice:
(1) warning the purchaser about prepaid gift card scams; and
(2) instructing the purchaser on what to do if the purchaser
suspects the purchaser might be a potential victim of a gift
card scam, including contact information for the bureau or local
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law enforcement.
(b) The retailer shall clearly and conspicuously post the
notice required under subsection (a) at or near the physical
location where gift cards or gift certificates are displayed for
sale and at all points of sale.
(c) The bureau shall create a model notice that meets the
requirements under subsection (a) and make the notice accessible
to retailers on the bureau's publicly accessible Internet
website.
(d) Retailers shall train all managers and employes engaged
in the sale of gift cards or gift certificates on how to
identify and respond to gift card fraud. The training shall
include:
(1) warning signs that a customer is a victim of a gift
card-related scam;
(2) common types of scams involving gift cards;
(3) communication methods for speaking with customers who
are exhibiting warning signs of being a victim of gift card
scams;
(4) to whom suspected gift card scams should be reported;
and
(5) retailer policies and procedures on handling suspected
gift card scams.
(e) The bureau shall develop and make available to retailers
a model training program for identifying and responding to gift
card fraud.
(f) This section shall be enforced as follows:
(1) For a first violation, the bureau shall contact the
retailer via certified mail and inform the retailer that
corrective action is required to comply with this section.
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(2) Within thirty days of receipt of the letter, the
retailer shall contact the bureau and document the corrective
action taken to comply with this section.
(3) If the retailer fails to timely contact the bureau or
provide documentation of corrective action or does not comply
with this section, the retailer commits a second violation and
shall be subject to the penalties under paragraph (4).
(4) A retailer that commits a second violation of this
section shall be subject to a civil penalty of no more than five
hundred dollars ($500).
(5) A retailer that commits a third or subsequent violation
of this section shall be subject to a civil penalty of no more
than one thousand dollars ($1,000).
(g) As used in this section:
"Bureau" means the Bureau of Consumer Protection of the
Office of Attorney General.
"Gift card" means a plastic card or other electronic payment
device that is:
(1) usable and honored upon presentation at a single
merchant or an affiliated group of merchants that share the same
name, mark or logo, or usable at multiple, unaffiliated
merchants or service providers for the future purchase or
delivery of any goods or services; and
(2) issued in a specific prepaid amount regardless of
whether it may be increased in value or reloaded.
"Gift certificate" means a promise written or printed on
paper or a paper product that is:
(1) usable and honored upon presentation at a single
merchant or an affiliated group of merchants that share the same
name, mark or logo, or usable at multiple, unaffiliated
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merchants or service providers for the future purchase or
delivery of any goods or services; and
(2) issued in a specific prepaid amount regardless of
whether it may be increased in value or reloaded.
"Retailer" means a place of business that displays or offers
gift cards or gift certificates for sale to the public. This
term does not include an establishment that sells gift cards or
gift certificates that are valid only at the establishment.
Section 2. This act shall take effect in 90 days.
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