Seller Failing to Give Notice of Gift Certificate Fee |   |
| Chapter | 266 |
| Section | 75E |
| WMS Code | 266/75E |
| WMS Offense | GIFT CERTIFICATE FEE, FAIL GIVE NOTICE OF c266 §75E |
| 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 purchase fee, activation fee, renewal fee, cancellation fee, or other fees or charges, and did fail to provide consumers with notice of such fee, in writing, on the gift certificate, on the packaging of the gift certificate, or on both. |
| 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 |
|