S.3636 - Gift Card Consumer Protection Act of 2012112th Congress (2011-2012)
Summary: S.3636 — 112th Congress (2011-2012)
Introduced in Senate (11/26/2012)
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.