Sale of Gift Certificate Imposing Fee
VerticalResponse, Inc. for small business
Chapter 266
Section 75D
WMS Code 266/75D
WMS Offense GIFT CERTIFICATE IMPOSING FEE, SELL c266 §75D
Elements On [DATE OF OFFENSE:] did sell or offer to sell a gift certificate, as defined in G.L. c.255D, §1, which imposed a dormancy fee, latency fee, administrative fee, periodic fee, service fee or other fee that had the effect of reducing the total value amount for which the holder may redeem such gift certificate.
Penalty $300.
  ...shall be punished by a fine of not more than $300 per violation.
Right of Arrest NO RIGHT OF ARREST
Notes "Gift certificate'', a writing identified as a gift certificate purchased by a buyer for use by a person other than the buyer not redeemable in cash and usable in its face amount in lieu of cash in exchange for goods or services supplied by the seller. A gift certificate shall include an electronic card with a banked dollar value, a merchandise credit, a certificate where the issuer has received payment for the full face value for the future purchase or delivery of goods or services and any other medium that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card or other medium for goods, food, services, credit or money of at least an equal value. A gift certificate shall not include pre-paid calling arrangements, as defined in section 1 of chapter 64H of the General Laws.
Second/Subsequent
Third Offense
Fourth Offense
Attempt to Commit
Conspiracy to Commit
Accessory Before
Accessory After
Effective Date 6/9/2008