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Anita Alvarez
Cook County State's Attorney
Communications Department
Chicago, IL 60602
(312) 603-3423
saomedia@cookcountygov.com


FOR IMMEDIATE RELEASE:
December 22, 2008

State's Attorney Alvarez Offers Tips for Using Gift
Certificates and Gift Cards This Holiday Season

Cook County State’s Attorney Anita Alvarez recommends that consumers who use gift certificates and gift cards pay special attention to terms and conditions to avoid disappointment this holiday season.
 
Consumers should be aware that undisclosed fees, limitations, rules, and expiration dates may significantly decrease the value of the gift certificate or card.  Also, the issuer could go out of business before the redemption of the gift certificate or card.  Illinois law does provide some remedy to consumers who may fall victim to gift certificate or gift card fraud.  Consumer complaints about gift certificates and gift cards are reviewed by the Cook County State’s Attorney’s Office, Consumer Fraud Division.

“ If you are the victim of fraud involving the purchase of a gift certificate or gift card, the Consumer Fraud Division may be able to help you recover your losses, prosecute the person orbusiness responsible for the fraud, and prevent other members of the public from falling victim to the same scheme,” Alvarez said. Consumers who believe that they have been the victim of fraud involving the purchase of a gift certificate or gift card should contact the Cook County State's Attorney's Office, Consumer Fraud Division at 312/603-8700.

The following precautions are recommended by the Consumer Fraud Division to avoid dissatisfaction when using gift certificates and cards: 

BUY FROM REPUTABLE SOURCES:  Purchase gift certificates and cards from sources that you know and trust.  Avoid buying gift cards from online auction sites because the cards may be counterfeit or may have been obtained fraudulently.      

BUSINESS CHECK:  Check the reputation of the store or company before you purchase the gift certificate or gift card.  Contact the Better Business Bureau of Chicago & Northern Illinois, Inc. (www.chicago.bbb.org) at 312/832-0500 to obtain a reliability report about issuer of the gift
certificate or card.        

VIABILITY OF ISSUER:  Consider the financial condition of the issuer.  If you purchase a gift card from a store or company that goes out of business or files for bankruptcy, you will not be able to redeem the card and it will become worthless.       

USE A CREDIT CARD:  You can partially protect yourself by using a credit card to purchase a gift certificate or card.  If you never receive the gift card or the gift card cannot be redeemed because of the failure of the issuer, you may be able to get the charges reversed by your credit card company. In general, you have sixty (60) days to dispute a credit card charge, and this time period begins to run when you receive the credit card statement.

GET IT IN WRITING:  Don’t rely on any oral promises regarding the gift certificate or card.  Request copies of any documents that explain the terms of the gift certificate or gift card.  Provide the recipient with the original receipt and any documents that explain the use of the gift certificate or card.

 READ THE FINE PRINT:  Carefully review the terms and conditions of the gift certificate or card.  Ask about expiration dates and fees.  Ask about any other restrictions or limitations.  Important information may appear on the gift certificate or card itself, on an accompanying sleeve or envelope, or on the issuer’s website. 
            
ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT:  Gift certificates and gift cards, with some exceptions, are regulated in Illinois.  Specifically, the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 5052SS) coversexpiration dates and post-purchase fees for gift certificates and gift cards that were issued on or anytime after January 1, 2008.

  • EXPIRATION DATES:  No person or company can sell a gift certificate or gift card in
    Illinois with an expiration date earlier than five (5) years after the date of issuance.    
     
       
  • POST-PURCHASE FEES:  No person or company can sell a gift certificate or card in
    Illinois with a post-purchase fee.  The face value of a gift certificate or card may not be
    Reduced in value for non-use or untimely redemption. 
  • EXEMPTIONS:  Prepaid telephone cards, prepaid technical support cards, and gift
    certificates usable at multiple sellers are not covered by Illinois law.  Also, gift certificates
    for food products, free gift certificates, and gift certificates that are sold below face value
    to employers or to nonprofit and charitable groups for fundraising purposes are exempt
    from Illinois law.

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