Navy Federal conducts all member business in English. All origination, servicing, collections and marketing materials are provided in English only. As a service to members, we will attempt to assist members who have limited English proficiency where possible. Military images used for representational purposes only; do not imply government endorsement. Terms and conditions are applied to gift cards.
The Visa Gift card is a prepaid card welcome everywhere Visa cards are accepted. Visa Gift cards are loaded with a set amount of funds and can be used for multiple purchases for as long as value remains on the card. Giving a Visa Gift card puts the power of choice in the hands of your friends and family.
The activation process is determined by the provider of your card, so you will need to follow the instructions provided with your card. Many Visa Gift cards are activated automatically upon purchase and may be used immediately. However, some Visa Gift cards must be activated by the recipient before they can be used.
Yes. You can use your Visa Gift card anywhere Visa cards are accepted. Just always ensure that the remaining balance on your card will cover the amount of your planned purchases. If the remaining balance doesn't cover the entire transaction, let the merchant know how much funds you have remaining. The merchant may split the transaction and allow you to pay for part of the purchase using your Gift card, and then the remaining part of the purchase with another form of payment such as credit, debit or cash.
The Credit Card Accountability Responsibility and Disclosure (Credit CARD) Act provides several protections for consumers who purchase certain types of gift cards, including store and restaurant (also known as merchant) gift cards. These cards can only be redeemed at the stores and restaurants that sell them. Bank gift cards, which carry the logo of a payment card network (e.g., Visa, MasterCard), are also subject to Credit CARD Act protections and can be used wherever the brand is accepted.
Under the law, a gift card cannot expire until at least five years from the date it was activated. The law also places general limitations on fees. For instance, the card issuer cannot charge a dormancy or inactivity fee on a gift card unless there has been no activity for one year and the card clearly states its policy toward that fee. In addition, some states have separate laws that provide added protection in certain circumstances.
Another common scam is someone who poses as an attorney for a family member and claims that the family member is in trouble with the law and needs assistance. They contact you by phone or email, and ask you to purchase gift cards in specific amounts to pay them. These are all red flags to a scam, and once you purchase the gift cards, the scammers will tell you to provide them with the code numbers and PINs that are usually located on the back of cards so that the scammer can redeem them.
Scammers favor gift cards because they are easy for people to find and buy, and they have fewer protections for buyers compared to some other payment options. Scammers can get quick cash, the transaction is largely irreversible, and they can remain anonymous.
Scammers also tell people where to buy the gift cards. In the first nine months of 2021, people who reported losing money buying gift cards mentioned Target stores more than other retailers. Reports suggest that Walmart, Best Buy, CVS, and Walgreens stores are also popular with scammers.
Losses also vary by card brand. Target cards, for example, saw a median reported loss of $2,500 in the first nine months of the year, far higher than other frequently reported cards.7 In addition, 30% of people who paid with a Target card said they lost $5,000 or more.8
3 From January 2021 through September 2021, 39,263 reports indicating $147.8 million in gift card and reload card payments were submitted, compared to 36,682 reports indicating $115.1 million in reported gift card payments in all of 2020. Earlier year figures for comparison purposes are as follows: 35,323 reports with $100 million reported lost (2019), 32,084 reports with $70.6 million reported lost (2018).
5 From January 2021 through September 2021, 12,239 people reported losing $35.5 million to business impersonators using gift cards, and 7,844 people reported losing $39.6 million to government impersonators using gift cards. Excluding reports that did not indicate a contact method, a phone call was the method of contact in 37% of reports indicating gift cards as the method of payment, followed by email (18%) and social media (16%).
This legal guide answers common questions about gift certificates and gift cards sold after January 1, 2004, with respect to California law. Since most of the answers also have exceptions, be sure to read the entire answer. Please be aware that the federal government has also recently enacted regulations on the topic of gift certificates and gift cards, effective August 22, 2010.1 Federal law may pre-empt California law where the terms are inconsistent and federal law is more protective of consumers. Because the federal regulation is so new, specific issues of pre-emption have not been decided by the Board of Governors of the Federal Reserve system, nor have they been litigated. It is the opinion of this office that, where the laws are inconsistent, the law that is most protective of consumers should be followed. For an overview and comparison of federal and California gift card law, please see Tables A and B, attached.
Q.1. Are a "gift certificate" and a "gift card" the same thing?
A. Yes. However, the terms exclude a gift card that can be used with multiple unaffiliated sellers of goods or services (for example, a card that can be used at all or some of the stores at a particular mall)6 provided the expiration date, if any, is printed on the card.7 Also, the rules described in this Legal Guide do not apply to prepaid calling cards issued solely to provide an access number and authorization code for prepaid calling services.8
A seller of unaffiliated, multiple seller cards without an expiration date -- many of which are sold by banks like pre-paid debit cards -- may take the position that such cards are not included in the definition of "gift certificate," and therefore service fees or dormancy fees can be imposed without being disclosed. Buyers should beware when purchasing "unaffiliated, multiple seller" cards that not all questions about the terms of these cards have been answered and ask carefully about their terms before purchase.
Q.4. Can the holder of a gift certificate or gift card redeem it for cash?
A. This depends on the policy of the seller. The gift certificate law states that a seller must either redeem a gift certificate or gift card sold after January 1, 1997, for its cash value, or replace it with a new certificate or card at no cost.18 However, California's Legislative Counsel has concluded that a seller is not required to redeem a gift certificate in cash when requested by a consumer.19 Thus, some gift certificate sellers redeem the gift certificate for cash or a combination of merchandise and cash, while some issue a new certificate for any balance remaining after the original certificate is redeemed. A gift certificate or gift card without an expiration date is valid until it is redeemed or replaced.20
Notwithstanding any policy of the seller, effective January 1, 2008, a gift certificate with a cash value of less than ten dollars ($10) is redeemable in cash (not a new certificate or merchandise) for its cash value.21 Cash for purposes of this section includes currency or check.22 Where a seller accepts funds toward a gift certificate from one or more contributors as a gift for another person (the "recipient"), the seller must give each contributor a full refund of the amount paid toward the certificate if the time in which the recipient may redeem the funds by purchasing a gift certificate is clearly disclosed in writing to contributors and recipient and the recipient does not redeem the funds by the time disclosed.23
Q.5. Can the holder of a gift card that is subject to a service fee use it to purchase a gift card that is not subject to a service fee?
A. It appears to be a possibility, although the holder may not demand it. The gift certificate law requires the issuer of a gift certificate or gift card to honor it, but also limits that obligation to either redeeming the certificate or card in cash or replacing it with a new one. Since California's Legislative Counsel has concluded that the issuer (not the holder) may choose between these two methods,24 the likely answer is that the issuer may set its own policy.
Q.6. What happens if the seller of the gift certificate or gift card files bankruptcy?
A. A gift certificate or gift card sold by a seller that seeks bankruptcy protection may have no value. However, the holder of the certificate or card may have a claim against the bankruptcy estate.
Sellers that file "Chapter 11" (reorganization) bankruptcy intend to stay in business, so they typically will ask the bankruptcy court for permission to honor gift certificates in an effort to maintain good customer relations.
If the bankruptcy court does not allow gift certificates or gift cards to be honored, or if the seller files "Chapter 7" (liquidation) bankruptcy, holders of gift certificates or gift cards are creditors in the bankruptcy case. They have relatively high priority among unsecured creditors in a Chapter 7 case, and may receive some percentage of the certificate's or card's value, but only if the bankruptcy estate has enough assets to pay claims. For information on filing a claim, and other basic information on bankruptcy, see "Consumer Tips on Retail Store Bankruptcies," under the "Publications" tab at www.dca.ca.gov, and then go to the "Consumer Publications" section, for the list of consumer publications.
A recently adopted California law is intended to help gift certificate and gift card holders when the seller declares bankruptcy. It requires a seller in bankruptcy to honor gift certificates issued before the date of the bankruptcy filing.25 No court has ruled on the effectiveness of this law.
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