Gift Cards and Loyalty Programs: A Gift or Liability?

Gift cards, rewards points, and other loyalty programs have improved the way marketers connect with their consumers. However, with these innovative programs comes risk and compliance concerns. Specifically, stringent federal and state consumer protection laws that are sometimes in conflict make compliance associated with these programs tricky and expensive. At the same time, arcane escheat laws subject companies to potential liabilities in the millions for unclaimed property obligations. The risks to companies holding unredeemed account balances has increased as cash-strapped states have ramped-up their enforcement efforts. We will address the following topics: • Overview of Product Offerings • Federal and State Gift Card Laws • Unclaimed Property Implications • Holder’s Rights: NJ Case Study • Recent State Challenges to Gift Card Issuers: Delaware v. Card Compliant case update • Current Landscape and Planning Considerations