Bill Text: IA SF2334 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to gift card fraud notice.(Formerly SF 2147.)

Spectrum: Committee Bill

Status: (Introduced) 2024-03-04 - Amendment S-5040 filed. S.J. 443. [SF2334 Detail]

Download: Iowa-2023-SF2334-Introduced.html
Senate File 2334 - Introduced SENATE FILE 2334 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2147) (COMPANION TO HF 2251 BY YOUNG) A BILL FOR An Act relating to gift card fraud notice. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 6000SV (2) 90 cm/jh
S.F. 2334 Section 1. NEW SECTION . 554H.1 Gift card fraud notice. 1 1. As used in this section, “gift card” means a written 2 promise or electronic payment device that is all of the 3 following: 4 a. Usable at a single merchant; an affiliated group or 5 merchants that share the same name, mark, or logo; or multiple 6 unaffiliated merchants or service providers. 7 b. Issued in a specific amount. 8 c. May or may not be increased in value or reloaded. 9 d. Purchased on a prepaid basis for the future purchase or 10 delivery of any goods or services. 11 e. Honored upon presentation. 12 2. a. A person, firm, partnership, association, 13 corporation, store, or mercantile establishment that sells 14 gift cards redeemable at any location other than the place 15 of purchase shall display a conspicuous notice in a format 16 prescribed by the consumer protection division of the office of 17 the attorney general. The notice must do the following: 18 (1) Caution the purchaser about gift card fraud. 19 (2) Provide instruction on what to do if the purchaser 20 believes that the purchaser may be a victim of a gift card 21 fraud, including that the purchaser may report the alleged 22 violation to the consumer protection division of the office of 23 the attorney general. 24 (3) Be posted in a conspicuous manner within the 25 establishment in at least one of the following locations: 26 (a) On all displays where third-party or open-loop gift 27 cards are displayed. 28 (b) At all physical points of sale. 29 (c) On the electronic payment system screen prior to the 30 purchaser finalizing payment. 31 b. In addition to but not in lieu of paragraph “a” , 32 subparagraph (3), a person, firm, partnership, association, 33 corporation, store, or mercantile establishment may place a 34 notice on the sales receipt. 35 -1- LSB 6000SV (2) 90 cm/jh 1/ 2
S.F. 2334 3. A person, firm, partnership, association, corporation, 1 store, or mercantile establishment that violates this section 2 shall be given a written citation by the consumer protection 3 division of the office of the attorney general. A person, 4 firm, partnership, association, corporation, store, or 5 mercantile establishment that receives three citations or more 6 from the consumer protection division of the office of the 7 attorney general shall be subject to a civil penalty of up to 8 two hundred fifty dollars. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to gift card fraud notice. The bill 13 requires any person, firm, partnership, association, 14 corporation, store, or mercantile establishment that sells gift 15 cards to other businesses to display a notice of gift card 16 fraud. 17 The bill requires that a notice shall provide information on 18 what gift card fraud is and what a person can do if the person 19 believes he or she may be the victim of gift card fraud. The 20 bill also provides that the notice must be displayed on all 21 displays that gift cards are located, at all physical points 22 of sale, or on the electronic payment system screen prior to 23 completion of the sale. 24 The bill provides that a business that violates the bill 25 shall receive a citation from the consumer protection division 26 of the office of the attorney general and that three or more 27 citations shall result in a civil penalty of no more than $250. 28 -2- LSB 6000SV (2) 90 cm/jh 2/ 2
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