What are the consumer rights and obligations regarding the use of gift cards?
In Arkansas, consumers have certain rights and obligations when it comes to the use of gift cards. Under the Arkansas Gift Card and Gift Certificate Law, a gift card is defined as “a card, certificate, or other instrument, in a plastic or paper form, that contains a microprocessor chip, magnetic strip, or other means or device that contains information that can be accessed electronically, magnetically, mechanically, or otherwise, with that can be used to purchase goods or services.” A consumer’s rights when using a gift card include the right to know how much money is on the card and the fees associated with its use. Consumers also have the right to an expiration date in excess of five years from the date of purchase, and for businesses to not require additional fees or charges for redeeming or replacing a gift card. A consumer’s obligations when using a gift card include the obligation to use the gift card within the predetermined expiration date, the obligation to not use the gift card in ways that would violate any of Arkansas’ consumer protection laws, and the obligation to use the gift card only for the purchase of the goods or services for which it was intended. When using a gift card, consumers should take all necessary steps to ensure that they are being treated fairly and their rights are protected. Consumers should ask questions and do research to ensure that the gift card is legitimate and that they are not being taken advantage of. Knowing and understanding a consumer’s rights and obligations can help ensure that gift cards are used in a safe and secure manner.
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