New York 2025-2026 Regular Session

New York Assembly Bill A07916

Introduced
4/11/25  
Refer
4/11/25  

Caption

Enacts the "New York gift certificate scam prevention act" to require certain sale, security and record-keeping requirements for gift certificates by sellers of gift certificates.

Impact

The implementation of A07916 would introduce notable changes in the general business law concerning gift certificates. By requiring third-party resellers to maintain extensive records on transactions, including personal identification of both sellers and consumers, the bill aims to deter fraudulent activities and ensure accountability. These changes will likely require businesses to invest in training their employees regarding the identification and management of gift certificate transactions, which could shift operational dynamics in retail settings. The potential for increased inspections by law enforcement may also enhance compliance but could impose additional burdens on retailers.

Summary

A07916, known as the 'New York Gift Certificate Scam Prevention Act', aims to enhance consumer protection by regulating the sale of gift certificates and imposing stricter requirements on third-party resellers. The bill seeks to prevent scams associated with gift certificates, especially those sold by unauthorized third-party vendors. It establishes clear definitions for various types of gift certificates, including open-loop and promotional gift certificates, while outlining specific conditions under which these certificates can be sold. The act signifies an essential step in protecting consumers from potential fraudulent activities.

Contention

Notable points of contention surrounding A07916 revolve around the balance between increased regulation for consumer protection and the possible burdens placed on businesses. Proponents argue that the bill is a necessary measure to prevent scams that have exploited vulnerable consumers through deceptive gift certificate sales. Opponents, however, may express concerns that excessive regulation could stifle legitimate business operations or inadvertently hinder consumers' access to affordable gift certificates from third-party sellers. Discussions in legislative circles may thus focus on finding an equilibrium that effectively safeguards consumers without being overly restrictive to commerce.

Companion Bills

NY S00704

Same As Enacts the "New York gift certificate scam prevention act" to require certain sale, security and record-keeping requirements for gift certificates by sellers of gift certificates.

Previously Filed As

NY S00704

Enacts the "New York gift certificate scam prevention act" to require certain sale, security and record-keeping requirements for gift certificates by sellers of gift certificates.

NY SB22

Gift certificates.

NY S0826

Gift Certificates

NY H0707

Gift Certificates

NY A08724

Prohibits mobile sports wagering operators from enabling or otherwise permitting authorized sports bettors to deposit or withdraw funds to or from their account through gift certificates, open loop gift certificates, or e-wallets.

NY SB1980

Crimes and punishments; creating certain offenses related to gift cards and gift certificates. Effective date.

NY H8264

Requires that retailers retain money received for gift certificates in a separate account, until the gift certificate is used or redeemed.

NY LB609

Adopt the Controllable Electronic Record Fraud Prevention Act, require notice of potential fraud for purchasers of gift certificates and gift cards, and change provisions relating to search warrants

NY SB2014

GIFT CARD SCAM PREVENTION

NY A02389

Relates to exemptions from sales and use taxes for gift certificates, electronic gift cards and magnetic gift cards.

Similar Bills

No similar bills found.