56:8-110.1 Gift card fraud; detection, prevention; employee training; definitions.
329 words·~1 min read·
/nj/title-56/chapter-8/56-8-110-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. a. Every retail mercantile establishment in this State that displays gift cards for sale shall train employees on how to identify and respond to gift card fraud. A retail mercantile establishment shall conduct the training in accordance with guidelines issued pursuant to section 2 of P.L.2021, c.431 (C.56:8-110.2).
b. A retail mercantile establishment that violates the provisions of this section or section 10 of P.L.2025, c.39 (C.56:8-110.3) shall be subject to a civil penalty of $1,000, which may be collected and enforced by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
A violation of this section shall not be considered an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.).
c. As used in P.L.2021, c.431 (C.56:8-110.1 et seq.), and section 10 of P.L.2025, c.39 (C.56:8-110.3):
"Gift card" means a tangible device, whereon is embedded or encoded in an electronic or other format a value issued in exchange for payment, which promises to provide to the bearer merchandise of equal value to the remaining balance of the device. A "gift card" shall not include a stored value reloadable card as defined in subsection k. of section 5 of P.L.2010, c.25 (C.46:30B-42.1).
"Merchandise" means any objects, wares, goods, commodities, services, or anything offered, directly or indirectly, to the public for sale.
"Retail mercantile establishment" means any place of business where merchandise is exposed or offered for sale at retail to members of the consuming public.
"Third-Party Gift Card Reseller" means a merchant who, without authorization from or affiliation with the business entity issuing a gift card, is engaged in the business of:
(1)buying gift cards on behalf of consumers; or
(2)reselling gift cards to consumers.
L.2021, c.431, s.1; amended by 2025, c.39, s.9.