Page:United States Statutes at Large Volume 123.djvu/1772

 123STA T . 1 75 2 PUBLIC LA W 111 – 2 4—M A Y 22, 2 0 0 9‘ ‘ (iv)hon o redup on pre s en ta tion by su c h sin gl e m erchant or a f filiated group of merchants for goods or services . ‘‘( C ) STOREGIF T CA R D . —T he term ‘store gift card ’ means an electronic promise , plastic card, or other payment code or device that is— ‘‘(i) redeemable at a single merchant or an affili - ated group of merchants that share the same name, mar k , or logo ‘‘(ii) issued in a specified amount, w hether or not that amount may be increased in value or reloaded at the re q uest of the holder; ‘‘(iii) purchased on a prepaid basis in e x change for payment; and ‘‘(iv) honored upon presentation by such single merchant or affiliated group of merchants for goods or services. ‘‘( D ) EX C LUS IO N S.—The terms ‘general-use prepaid card’, ‘gift certificate’, and ‘store gift card’ do not include an electronic promise, plastic card, or payment code or device that is— ‘‘(i) used solely for telephone services; ‘‘(ii) reloadable and not marketed or labeled as a gift card or gift certificate; ‘‘(iii) a loyalty, award, or promotional gift card, as defined by the B oard; ‘‘(iv) not marketed to the general public; ‘‘(v) issued in paper form only (including for tickets and events); or ‘‘(vi) redeemable solely for admission to events or venues at a particular location or group of affiliated locations, which may also include services or goods obtainable— ‘‘( I ) at the event or venue after admission; or ‘‘(II) in con j unction with admission to such events or venues, at specific locations affiliated with and in geographic proximity to the event or venue. ‘‘( 3 ) SER V ICE FEE.— ‘‘( A ) IN GENERAL.—The term ‘service fee’ means a peri- odic fee, charge, or penalty for holding or use of a gift certificate, store gift card, or general-use prepaid card. ‘‘(B) EXCLUSION.— W ith respect to a general-use pre- paid card, the term ‘service fee’ does not include a one- time initial issuance fee. ‘‘(b) P RO H I B ITION ON I MP OSITION OF F EES OR CHARGES.— ‘‘( 1 ) IN GENERAL.—Except as provided under paragraphs ( 2 ) through ( 4 ), it shall be unlawful for any person to impose a dormancy fee, an inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general- use prepaid card. ‘‘(2) EXCEPTIONS.—A dormancy fee, inactivity charge or fee, or service fee may be charged with respect to a gift certifi- cate, store gift card, or general-use prepaid card, if—