HB 1067 — An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, providing for notice of gift card scams; and imposing penalties.

PRINTER'S NO.     1160

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1067
                                               Session of
                                                 2025

     INTRODUCED BY CIRESI, HILL-EVANS, SANCHEZ, GIRAL, MADDEN,
        GUENST, HOWARD, FREEMAN AND MALAGARI, MARCH 27, 2025

     REFERRED TO COMMITTEE ON COMMERCE, MARCH 27, 2025


                                    AN ACT
 1   Amending the act of December 17, 1968 (P.L.1224, No.387),
 2      entitled "An act prohibiting unfair methods of competition
 3      and unfair or deceptive acts or practices in the conduct of
 4      any trade or commerce, giving the Attorney General and
 5      District Attorneys certain powers and duties and providing
 6      penalties," providing for notice of gift card scams; and
 7      imposing penalties.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of December 17, 1968 (P.L.1224, No.387),
11   known as the Unfair Trade Practices and Consumer Protection Law,
12   is amended by adding a section to read:
13      Section 9.5.    Notice of Gift Card Scams.--(a)     A retailer may
14   not sell a gift card or gift certificate to a purchaser unless
15   the retailer has displayed a notice:
16      (1)   warning the purchaser about prepaid gift card scams; and
17      (2)   instructing the purchaser on what to do if the purchaser
18   suspects the purchaser might be a potential victim of a gift
19   card scam, including contact information for the bureau or local
20   law enforcement.
 1         (b)   The retailer shall clearly and conspicuously post the
 2   notice required under subsection (a) at or near the following
 3   locations:
 4         (1)   the physical location where gift cards or gift
 5   certificates are displayed for sale; and
 6         (2)   all points of sale.
 7         (c)   The bureau shall create a model notice that meets the
 8   requirements under subsection (a) and make the notice accessible
 9   to retailers on the bureau's publicly accessible Internet
10   website.
11         (d)   Retailers shall train all managers and employes engaged
12   in the sale of gift cards or gift certificates on how to
13   identify and respond to gift card fraud. The training shall
14   include:
15         (1)   warning signs that a purchaser of a gift card is a
16   victim of a gift card-related scam;
17         (2)   common types of scams involving gift cards;
18         (3)   communication methods for speaking with purchasers of
19   gift cards who are exhibiting warning signs of being a victim of
20   gift card scams;
21         (4)   to whom suspected gift card scams should be reported;
22   and
23         (5)   retailer policies and procedures on handling suspected
24   gift card scams.
25         (e)   The bureau shall develop and make available to retailers
26   a model training program for identifying warning signs of gift
27   card fraud.
28         (f)   A retailer shall require any purchaser of a gift card or
29   gift certificate to present a valid photo identification at the
30   point of sale.

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 1      (g)   This section shall be enforced as follows:
 2      (1)   For a first violation, the bureau shall contact the
 3   retailer via certified mail and inform the retailer that
 4   corrective action is required to comply with this section.
 5      (2)   Within thirty days of receipt of the letter, the
 6   retailer shall contact the bureau and document the corrective
 7   action taken to comply with this section.
 8      (3)   If the retailer fails to timely contact the bureau or
 9   provide documentation of corrective action or does not comply
10   with this section, the retailer commits a second violation and
11   shall be subject to the penalties under paragraph (4).
12      (4)   A retailer that commits a second violation of this
13   section shall be subject to a civil penalty of no more than five
14   hundred dollars ($500).
15      (5)   A retailer that commits a third or subsequent violation
16   of this section shall be subject to a civil penalty of no more
17   than one thousand dollars ($1,000).
18      (g)   As used in this section:
19      "Bureau" means the Bureau of Consumer Protection of the
20   Office of Attorney General.
21      "Gift card" means a plastic card or other electronic payment
22   device that is:
23      (1)   usable and honored upon presentation at a single
24   merchant or an affiliated group of merchants that share the same
25   name, mark or logo, or usable at multiple, unaffiliated
26   merchants or service providers for the future purchase or
27   delivery of any goods or services; and
28      (2)   issued in a specific prepaid amount regardless of
29   whether it may be increased in value or reloaded.
30      "Gift certificate" means a promise written or printed on

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 1   paper or a paper product that is:
 2      (1)   usable and honored upon presentation at a single
 3   merchant or an affiliated group of merchants that share the same
 4   name, mark or logo, or usable at multiple, unaffiliated
 5   merchants or service providers for the future purchase or
 6   delivery of any goods or services; and
 7      (2)   issued in a specific prepaid amount regardless of
 8   whether it may be increased in value or reloaded.
 9      "Retailer" means a place of business that displays or offers
10   gift cards or gift certificates for sale to the public. This
11   term does not include an establishment that sells gift cards or
12   gift certificates that are valid only at the establishment.
13      Section 2.   This act shall take effect in 90 days.




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