§ 14-4902
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/md/commercial-law/14-4902A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§14–4902.
(a)Except as provided in subsection
(b)of this section, a merchant may not knowingly sell an open– or a closed–loop gift card to a consumer unless:
(1)The merchant conspicuously displays a notice in substantially the same form as the model notice created under § 14–4904(1) of this subtitle:
(i)For an in–person sale, at or near the physical location where:
1. The gift card is displayed for sale; or
2. The sale occurs; or
(ii)For an online sale, on the webpage:
1. Where the gift card is offered for sale; or
2. That is displayed before the sale is finalized;
(2)For an in–person sale of an open–loop gift card, the gift card is enclosed in secure packaging that:
(i)Is sealed in a manner that is not easily opened without signs of tampering;
(ii)Except as provided in item
(iii)of this item, conceals all numeric codes specific to the activation or redemption of the gift card, including any bar code, CVV number, PIN number, or activation code;
(iii)Displays an activation code, bar code, or other activation data only if the packing used is more secure than it otherwise would be if the data were fully concealed; and
(iv)Includes a warning that states the following or uses language substantially similar to the following:
“Do not sell or purchase if packaging has been broken or indicates tampering”; and
(3)For an in–person sale of a closed–loop gift card, the gift card is presented in packaging that:
(i)1. Conceals or covers, in a manner that is not easily removed or replaced without signs of tampering, all numeric codes specific to the redemption of the gift card; or
2. If made more secure through partial concealment or covering than full concealment or covering under item 1 of this item, partially conceals or covers, in a manner that is not easily removed or replaced without signs of tampering, all numeric codes specific to redemption of the gift card; and
(ii)Includes a warning that states the following or uses language substantially similar to the following:
“Do not sell or purchase if packaging has been broken or indicates tampering.”.
(b)A merchant may sell an open– or a closed–loop gift card that is not enclosed in secure packaging as required under subsection (a)(2) of this section if:
(1)The gift card is a chip–enabled, numberless card that is activated by a consumer after registering the card on the card issuer’s website; or
(2)The gift card:
(i)Is sold exclusively by:
1. A merchant for use only at the retail establishment of the merchant; or
2. A group of affiliated merchants for use only at the retail establishments of the affiliated merchants; and
(ii)Is secured in a physical location within the merchant’s retail establishment that is accessible only by an employee of the merchant.