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Gift Cards 2007:           Best and Worst Retail Cards; A Deeper View of
                           Bank Cards Doesn’t Improve Their Look

                                         BACKGROUND


        Gift cards have become a huge business in America. The TowerGroup, a

subsidiary of MasterCard, estimated that total 2006 gift card sales topped $80

billion, a 20 percent increase over 2005.1 The National Retail Federation estimates

that gift card sales in the 2007 holiday season will total $26.3 billion, a 6 percent

increase over the $24.8 billion in 2006 holiday sales.2 The TowerGroup estimated

that sales of traditional retail gift cards (“closed loop” cards) in 2006 were $59

billion, compared to $23 billion in sales of bank gift cards (“open loop” cards),

which carry the logo of American Express, Discover, MasterCard, or Visa, and are

accepted where those brands of credit, debit, or charge cards are.3 A recently

released survey estimates, however, that sales of bank gift cards in the 2007 holiday

season could double the 2006 holiday season total.4

        Besides the large gift card sales estimates, the TowerGroup released another

figure that has received even greater attention: that consumers lose nearly $8

billion annually—approximately 10 percent of gift card sales—due to unredeemed

value, expiration, or loss of cards. This “breakage” amount is more than double the

1
  “With Soaring Gift Card Sales Poised to Exceed $80 Billion in 2006, Unused Card Values Are Also on
the Rise,” TowerGroup Press Release, November 20, 2006.
2
  “Gift Cards More Popular Than Ever, According to NRF,” National Retail Federation Press Release,
November 13, 2007.
3
  “With Soaring Gift Card Sales Poised to Exceed $80 Billion in 2006, Unused Card Value are also on the
Rise,” TowerGroup.
4
  “Gift Cards from American Express, Discover, MasterCard and Visa Earn 93% Satisfaction with
Consumers,” National Branded Prepaid Card Association Press Release, November 8, 2007.
$3.5 billion annually estimated to be lost from debit and credit card fraud.5 And

there are signs that gift card breakage is worsening.                       For example, Consumer

Reports just released a survey showing that, as of October 2007, 27 percent of

consumers who received gift cards during the 2006 holiday season had not yet used

one or more of the cards they received. That figure compares to 19 percent at the

same time last year.6

         Gift card breakage is clearly a concern of government regulatory agencies

and state legislatures. Our 2006 gift card study noted that the Federal Trade

Commission (FTC) was pursuing action against Darden Restaurants, the parent of

Red Lobster, Olive Garden, Smokey Bones, and Bahama Breeze, for failure to

adequately disclose its gift cards’ dormancy fees.7 In 2007 the FTC settled its case

against Darden8 and a similar one against Kmart9 by requiring the companies to

reimburse consumers who lost money from their inadequately disclosed gift card

fees.10 As we noted in last year’s study, both companies had already eliminated the

fees from their gift cards.

5
  “With Soaring Gift Card Sales Poised to Exceed $80 Billion in 2006, Unused Card Value are also on the
Rise,” TowerGroup.
6
  “Consumer Reports Takes on Gift Cards in Second-Annual Public Education Campaign,” Consumer
Reports Press Release, November 13, 2007.
7
  “Gift Cards 2006: Retail Cards Continue to Improve (with Prodding); Bank Cards Still Have Problems,”
Montgomery County, Maryland Office of Consumer Protection, November 20, 2006, p.2.
8
  In the Matter of Darden Restaurants, Docket No. C-4189, U.S. Federal Trade Commission, Decision and
Order, May 7, 2007.
9
  In the Matter of Kmart Corporation, Docket No. C-4197, U.S. Federal Trade Commission, Decision and
Order, August 14, 2007.
10
   Our previous gift card reports pointed out the problems with the companies’ disclosures of their gift card
fees (see, e.g., “Gift Cards 2005, Many Good Retail Cards. Any Good Bank Cards?” Montgomery
County, Maryland Division of Consumer Affairs, December 1, 2005). The FTC’s press releases on its
settlements acknowledged the office’s assistance.




                                                      2
State legislatures have shown their concern about gift card breakage by

enacting legislation to address gift card fees and expiration dates.        In 2007

Arkansas, Florida, Illinois, Minnesota, Nevada, New Mexico, North Carolina,

Oregon, and Utah enacted gift card laws and are on the list of approximately 30

states with such legislation.

       Concerns about the breakage issue is also the reason the Montgomery

County Office of Consumer Protection has been issuing annual gift card reports

since 2003. We believe that giving consumers information on gift cards, particularly

on which ones have expiration dates or fees, enables consumers to adjust their card

buying and usage to minimize breakage.


                                METHODOLOGY


       For this, our fifth annual gift card report, we reviewed the gift cards,

packaging and inserts, websites, and policies of 22 major retailers and restaurant

chains and 20 bank card issuers. The list of retailers and restaurants (contained in

the Retail Card Table at the end of this report) includes department stores, discount

stores, clothing stores, home improvement stores, video rental stores, sporting goods

stores, gas stations, and coffee shops. The bank cards are listed in the Bank Card

Table at the end of this report. The information in this report was gathered from

late October to mid-November 2007. The retail cards were all purchased in the

named stores or restaurants. The cards were not bought in “gift card malls” in

which a company’s cards may sometimes have different features than those


                                         3
purchased directly from the company. Bank cards were purchased online from the

issuer or in person from retailers.        Maryland has a gift card law prohibiting

imposing fees or expiration dates on retail gift cards until they are four years old.

To ensure that this report remains relevant for the states that don’t have similar

legislation, we purchased our cards outside Maryland in jurisdictions without

similar legislation.

Retail Cards

          Like last year’s study, we again looked at the following five retail gift card

issues:

          1)     Whether replacement cards may be obtained if the gift card is lost or

                 stolen and its value has not been depleted,

          2)     Whether the cards have an expiration date,

          3)     Whether fees might be assessed to the card’s balance,

          4)     Whether there is pre-purchase disclosure of any fee or expiration date

                 in the stores and on the company’s website, and

          5)     Whether the cards offer the convenience of purchasing from the

                 company’s website.




                                             4
There have been news reports that scammers have obtained the card

numbers of unsold cards and then used the numbers to spend a sold card’s value

online before the recipient uses the card. The gift card industry has responded to

the threat of this or other scams by putting PIN numbers, covered with scratch off

coating, on cards. We, therefore, also looked at whether the cards have scratch off

PINs.

        Results for these factors are presented in the Retail Card Table.

Bank Cards

        Even a cursory look at bank cards reveals they are considerably more

complex than retail cards. The relevant information on retail cards ordinarily fits

on the back of the cards, whereas bank cards are packaged with a fairly lengthy

card agreement of terms and conditions. All the cards we bought in person were

enclosed in packages, which may also disclose key terms. Their websites often

feature a Frequently Asked Questions section, as well as a copy of the card’s terms

and conditions. In short, bank cards impose a variety of fees, offer features, and

present problems that retail cards do not.

        We have made some changes in the factors we focused on in bank cards, but

they bear a resemblance to those we focused on with retail cards. They are:

        1)     Whether there is a purchase/processing charge and the amount,

        2)     Whether there is a maintenance fee and the amount,

        3)     Whether the card has an expiration date and when,

        4)     Whether a lost or stolen card can be replaced and at what charge,



                                             5
5)      What other fees a card may impose,

        6)      Whether the cards may be used for online purchases, and

        7)      Whether the cards offer security features to prevent online abuse by

                scammers.

        Like last year, we also looked at whether the cards have potential problems

when they are used in a purchase greater than the amount on the cards. Press

accounts have highlighted that consumers have experienced problems in such

transactions with bank cards, including having the transaction rejected.11 This is

because bank cards are processed through the existing credit or debit card system,

which may not be capable of reading the precise value on the bank card and putting

the balance of the transaction on another form of payment, as is easily done with

retail cards.

        Finally, we focused more on the adequacy of disclosures on bank cards, their

packages, enclosures, and websites. In evaluating these disclosures, we noted the

guidance that the Office of the Comptroller of the Currency, part of the U.S.

Department of the Treasury, provided national banks in 2006 on disclosures and

marketing issues regarding their gift cards.12 But we also applied our own common

sense in noting issues with the disclosures.

        The results for all these factors appear in the Bank Card Table.



11
   Caroline Mayer, “Bank Cards Come Wrapped With Limits,” The Washington Post, February 17, 2006, p.
D1.
12
   Gift Card Disclosures, OCC Bulletin 2006-34, Office of the Comptroller of the Currency, August 4,
2006.



                                                 6
FINDINGS

Retail Cards

•   18 of the 22 studied cards are recommended because they have the five positive

    features we were looking for. That is, they have no fees, no expiration dates,

    they can be replaced if lost or stolen, they can be used to make purchases on the

    companies’ websites, and they have a scratch off PIN for security. The cards are

    those of Abercrombie and Fitch, Best Buy, Blockbuster, Circuit City, Crate and

    Barrel, Gap, JCPenney, KB Toys, Kohl’s, Lowe’s, Nordstrom, Old Navy,

    PetSmart, Sears, Sports Authority, Starbucks, Target, and Wal-Mart. If one is

    looking for a gift card they are all good choices. Blockbuster’s presence on this

    list is particularly notable because we have found in previous years that

    Blockbuster cards had fees or expiration dates. Blockbuster has eliminated the

    fees/expiration dates on its new cards and is now in the top category. (Although

    its cards didn’t qualify for our recommended group, we should also note that

    Pizza Hut’s gift card phone line now announces that the maintenance fees for

    which we downgraded their cards in last year’s report have been eliminated,

    regardless of what is stated on its cards.)

•   The other four studied cards are not recommended because they carry fees or

    expiration dates.    Macy’s and Bloomingdale’s cards continue to impose an

    expiration date of two years after the last value added (the cards are re-

    loadable).    At least Bloomingdale’s cards’ packages disclose this more

    straightforwardly than last year. Shell’s gas cards also continue to impose a


                                            7
dormancy fee of $1.75 per month after 12 months of non-use. This is the first

    year we have studied Claire’s cards. They impose a dormancy fee of $1.00 per

    month after 24 months non-use with a twist: the fee is imposed retroactively to

    the first month of inactivity so that a $25.00 card would suddenly be reduced to

    $1.00 when the fee kicks in. This is similar to the way Kmart’s fee used to work

    before it was eliminated under pressure from the FTC. Unlike the other three

    companies with not recommended cards, Claire’s does not adequately disclose

    its fee. It is disclosed on the back of the cards—as are all the retail card fees and

    expiration dates we’ve seen—and one can look at the card backs in stores, but

    Claire’s website gives no disclosure of this fee when card orders are placed on its

    website. It is surprising after the FTC’s Darden and Kmart cases that a major

    retailer would have such a gap in disclosing gift card fees.

Bank Cards

•   All 20 of the studied bank cards impose a purchase/processing charge. For

    moderately priced cards they range from a low of $2.00 in Simon Malls for their

    Visa Gift Cards to a high of $10.90 for American Express Gift Cards for Kids

    ordered online or by phone.

•   All 20 of the bank cards impose a maintenance fee. 19 of the 20 impose the fee

    on a monthly basis, ranging from $1.25 to $4.95 per month. Six of those 19 cards

    delay the monthly charge for six months. 11 delay the monthly charge for a

    year, while the two Discover Gift Cards delay it until after a year of non-use.




                                            8
The iCARD Visa Gift Card takes a different tact by imposing a $25.00 fee after

    the first six months and then each six months thereafter.

•   All 20 of the bank cards have an expiration date. The shortest expiration period

    is six months for the iCARD Visa Gift Card and longest was 42 months for our

    sample of the GiftCertificates.com MasterCard Gift Card. All of these cards

    offer the opportunity to have any remaining balance at expiration returned via a

    reissued card or check. The American Express Gift Cards do not charge for a

    new card. Otherwise, the charges for a new card or refund check range from

    $5.00 to $25.00. The iCARD Visa Gift Card has the highest fee, along with the

    shortest expiration date.      Its double whammy after six months is to

    simultaneously charge a $25.00 maintenance fee and expire. It will then cost

    another $25.00 to get any remaining balance returned.        (That’s if one acts

    promptly; if one delays more than two years to ask for a refund the charge is

    $75.00.) Some of the other cards specify that the new card or check must be

    requested within a time limit, the Gift2Go Visa Gift Card’s is 60 days. But there

    is another reason to ask for the card’s balance to be returned promptly after

    expiration: the maintenance fees for many of these cards continue to be charged

    even after the stated expiration date. They can quickly eat away any balance

    that existed at expiration.

•   All 20 of the cards offer replacements if a card is lost or stolen. They also all

    charge for that service. The charges range from $5.00 to $15.00. The All-Access

    Visa Gift Card will refund a lost card’s balance via check instead of a new card.



                                          9
It is critical that the companies be promptly notified of a missing card so that

    there is a balance to be returned.

•   Seven of the cards impose other fees. The iCARD, the only card of the 20 that

    can be used in ATMs, charges $2.50 above the surcharge of the ATM owner for

    each such transaction. The GiftCards.com Visa Debit Gift Card charges $0.35

    for each purchase with the card. The Gift2Go Visa Gift Card offers paper

    statements but charges $5.00 for them. Other cards may impose fees for phone

    inquiries. The AAA Visa gift Card may charge the cardholder $15.00 if the

    card’s balance goes negative, which presumably would only happen if there’s an

    error in the system.

•   All 20 of the cards may be used to make purchases online. All 20 also have

    security provisions for such purchases. Many require special registration of the

    card to make such purchases.

•   All 20 of the cards acknowledge the potential problems when trying to use the

    card toward a purchase greater than the value on the card. They give fairly

    detailed instructions for dealing with the problem by attempting a “split tender”

    transaction. In such a transaction the cardholder is supposed to have previously

    ascertained the precise value on the bank card and ask the checkout clerk to

    split the transaction into one for that amount on the bank card and another for

    the balance of the purchase with a different form of payment. Interestingly,

    some cards instruct that the bank card portion of the split tender transaction

    should be rung up first, while others instruct that the transaction for the balance



                                          10
should be rung up first (a transaction for which a calculator may prove handy).

    American Express’ Card Agreement is perhaps the most forthright in

    acknowledging that attempting a split tender transaction may not solve the

    problem. After instructing consumers how to attempt a split tender transaction,

    it notes that “[s]ome retailers, particularly department stores, will only allow a

    ‘split tender’ transaction if the second form of payment is cash or check.

    Internet and most mail order merchants do not permit ‘split tender’

    transactions. We do not guarantee that the Merchant will accept two forms of

    payment such as two gift cards.”

•   Our review of the cards’ disclosures revealed some fundamental flaws. The

    AAA and iCARD Visa Gift Cards do not disclose the maintenance fee on the

    cards themselves and the All-Access Visa Gift Card does not contain the specifics

    of the maintenance fee. These failures run directly counter to the guidance

    provided by the Comptroller of the Currency in 2006. The package of the

    Vanilla Visa Gift Card fails to disclose its maintenance fee, so a potential buyer

    is unaware. This card and its package, as well as the Vanilla MasterCard and its

    package, say that the card’s balance never expires. The Comptroller of the

    Currency’s guidance made clear that such statements should not be made in

    connection with cards that have a maintenance fee that makes them expire

    slowly. The packaging of the All-Access Visa Gift Card has a similar problem,

    as we pointed out in our 2006 report. American Express is phasing out packages

    with similar language, but we continue to find some of these packages in



                                          11
retailers. The U.S. Bank Visa Gift Card and giftcertificates.com MasterCard

   Gift Card websites disclose that their cards expire but fail to disclose how long

   the card you order will be valid. In addition, some of the cards’ retail display

   packages do not disclose the cards’ purchase/processing fee on the front of the

   package. This can be misleading to consumers who are used to buying retail

   cards and paying only for the amount on the card.



                                 HIGHLIGHTS

Retail Cards

       This year’s report spotlights 18 recommended cards that have every

desirable feature we specified. The bigger picture is that there are many other good

retail cards on the market.     Our four not recommended cards impose fees or

expiration dates, but due to the improvements in retail cards in recent years, one

may be hard pressed to find other national retail cards with fees or expiration dates.

That leaves many good choices and we have recommended 18 of the best.

Bank Cards

       We have not seen similar improvement in bank cards, except that it does

appear to be getting somewhat easier to find bank cards that do not impose

maintenance fees until after one year. Another noteworthy development is that

Discover Gift Cards, which delay maintenance fees until after one year of non-use,

can now be purchased by everyone—not just Discover Cardmembers—online and

in selected malls.



                                         12
Besides bank cards’ ubiquitous fees and expiration dates, the problem of

paying for a purchase greater than the card’s value is a substantial one. In addition,

our study found some surprising disclosure problems with some of these cards.

Overall, the issue for bank cards is whether the convenience of having a card

accepted at many merchants is worth the fees and the potential inconvenience of

problems paying for a purchase greater than the card’s value.


                              RECOMMENDATIONS

For Card Buyers/Givers

•   Choose one of the 18 standout retail cards highlighted in this study. While the

    features highlighted in this study may not be critical to all recipients, we believe

    they will appreciate receiving a card with all of these features. In addition, the

    breakage figures cited at the beginning of this report show that expiration dates,

    fees, or losing a card become a factor much more often than one would expect.

•   If the widespread acceptance of a bank card is of primary importance, pick one

    that does not impose maintenance fees until at least one year. It may also be

    worth checking out the cards offered by your own bank because some offer

    cards with relatively low fees for their own customers.

•   Send the original receipt along with the card to the recipient or the recipient’s

    parent. Advise them to keep it in a safe place so they can seek a replacement if

    the card is lost or stolen.




                                          13
•   When buying a gift card, look carefully at the pre-purchase disclosures of terms

    and conditions on the website and the packaging or cards in the store or bank.

    If terms are not given, or appear too cryptic to be complete, do not buy it.

For Recipients

•   Spend the cards quickly so yours don’t become breakage statistics.

•   Look at the terms and conditions on the back of a gift card and any paper insert

    as soon as you receive one. If the card has an expiration or fee commencement

    date, it is especially important to spend it promptly. Avoid the bank card uses

    that incur additional fees.

•   Set up a family gift card file to retain the original receipts, subsequent receipts,

    any expiration/fee commencement dates, any inserts with terms and conditions,

    and toll free customer service numbers. Register the cards that require this for

    replacement.

•   Call the toll free number a soon as possible if the card is missing, because you

    should not expect a replacement if someone else has spent the balance on your

    missing card. Even if the card says that replacements are not provided, contact

    the company anyway if it is lost or stolen. It does not hurt to ask, and we talked

    to some customer service representatives who indicated that their company

    might replace cards with proper proof of purchase even when its stated policy is

    not to.




                                          14
Retail Cards (Recommended Cards)
  Card                 Replacement cards            Expiration Date?   Are there Fees?   Is the expiration      Can card be used to    Scratch off
                       available if lost or                                              date/fee disclosed     purchase from          PIN for
                       stolen?                                                           pre-purchase in both   company website?       security?
                                                                                         store and website?
 Abercrombie & Fitch Yes, with original receipt     No                 No                —                      Yes                    Yes
 Best Buy            Yes, with proof of             No                 No                —                      Yes                    Yes
                     purchase
 Blockbuster         Yes, with card number          No                 No                —                      Yes, if card has PIN   Yes
                     and receipt                                                                                higher then 6016
 Circuit City        Yes, with original receipt     No                 No                —                      Yes                    Yes
 Crate & Barrel      Yes, if card registered        No                 No                —                      Yes                    Yes
 Gap                 Yes, with original receipt     No                 No                —                      Yes                    Yes
 JCPenney            Yes, with proof of             No                 No                —                      Yes                    Yes
                     purchase
 KB Toys             Yes, with proof of             No                 No                —                      Yes                    Yes
                     purchase
 Kohl’s              Yes, with proof of             No                 No                —                      Yes                    Yes
                     purchase
 Lowe’s              Yes, with original receipt     No                 No                —                      Yes                    Yes
 Nordstrom           Yes, with proof of             No                 No                —                      Yes                    Yes
                     purchase
 Old Navy            Yes, with original receipt     No                 No                —                      Yes                    Yes
 PetSmart            Yes, with proof of             No                 No                —                      Yes                    Yes
                     purchase and card
                     number
 Sears               Yes, with proof of             No                 No                —                      Yes                    Yes
                     purchase
 Sports Authority    Yes, with proof of             No                 No                —                      Yes                    Yes
                     purchase and ID
 Starbucks             Yes, if card registered      No                 No                —                      Yes                    Yes
 Target                Yes, with original receipt   No                 No                —                      Yes                    Yes
 Wal*Mart              Yes, with original receipt   No                 No                —                      Yes                    Yes
Retail Cards (Not Recommended)
Card                    Replacement cards available if    Expiration Date?       Are there fees?        Expiration date/fee   Can card be used   Scratch off
                        lost or stolen?                                                                 disclosed pre-        to purchase from   PIN for
                                                                                                        purchase in both      company            security?
                                                                                                        store and website?    website?

Bloomingdale’s          Yes, with proof of purchase       Yes, after 2 years     No                     Yes                   Yes                Yes
(a Federated                                              from last value
Dept. Store)                                              added1
Claire’s                No2                               No                     $1 per month,          No                    n/a                No
                                                                                 after 24 months
                                                                                 non-use,
                                                                                 retroactive to first
                                                                                 month non-use1
Macy’s            Yes, with proof of purchase             Yes, after 2 years     No                     Yes                   Yes                Yes
(a Federated                                              from last value
Department Store)                                         added1



Shell                   Yes, with proof of purchase       No                     $1.75/month after      Yes                   n/a                No
                                                                                 12 months non-
                                                                                 use1




        1
            Expiration dates or fees do not apply in states that prohibit them.
        2
            Customer Service representative indicated company may provide replacement with proper proof of purchase.




                                                                                  16
Bank Cards
Card                    How Purchased and          Maintenance Fees                  Expiration Date                  Replacement Other Fees       Potential Problem Use     Security?   Disclosure Issues
                        Purchase/Processing Charge                                                                    Card Fee                     When Purchase     Online?
                                                                                                                                                   Exceeds Card
                                                                                                                                                   Value?
AAA Visa Gift Card      In AAA Branches                      $1.25 per month after 6 Printed on card (Sample          $5.95       $0.50 for card    Yes              Yes     Yes         Card does not
                                                             months (12 in NY), until purchased expired after 22                  registration and                                       disclose
                                                             card depleted.           months.)                                    balance inquiries                                      maintenance fee.
(Charter One Bank) $4.95
                                                                                                                                  by phone.

                                                                                                                                  $15 if balance
                                                                                                                                  goes negative.
All-Access Visa Gift Participating Retailers                 $4.95 per month after   Maximum of 3 years from       $9.95 to       $0.50 for balance Yes             Yes      Yes         Specifics of
Card                                                         12 months, until        date of purchase - printed on refund balance inquiry by phone.                                      maintenance fee
                                                             balance is depleted.    the card and package.         by check.                                                             not disclosed on
                        $3.95 for $25.00
                                                                                     Balance may be returned by                                                                          card.
                        $4.95 for $50.00
                                                                                     check for $9.95, within 24
                        $5.95 for $100.00
                                                                                     months.
(Inter National Bank)




American Express        Online at                    $2.00 per month after           Up to 3 years from date of $5.95             No               Yes              Yes      Yes         Front of package does
Gift Card               www.americanexpress.com/gift 12 months, until                purchase, depending on                                                                              not disclose amount
                        card                         balance is depleted.            where purchased– marked on                                                                          of purchase/process
                                                                                     card.                                                                                               charge.
                        By phone at 1-877-AXP-GIFT
                                                                                     Remaining balance may be
                                                                                     transferred to a new gift card
                        At participating banks, retailers,
                                                                                     for free or refunded by check
                        and malls. (Prices may vary.)
                                                                                     minus $10.00 check-issuance
                                                                                     fee.
                        $3.95, plus $5.95 shipping
                        ($2.00 for personalized cards)
                        for online and phone orders.

                        Not available to residents of
                        CT, HI, NH, RI, &VT




                                                                                                          17
Card                 How Purchased and          Maintenance Fees                Expiration Date                  Replacement Other Fees   Potential Problem Use     Security?   Disclosure Issues
                     Purchase/Processing Charge                                                                  Card Fee                 When Purchase     Online?
                                                                                                                                          Exceeds Card
                                                                                                                                          Value?
American Express     Online at                    $2.00 per month after         Up to 3 years from date of $5.95             No           Yes              Yes      Yes         Front of package sold
Gift Card for Kids   www.americanexpress.com/gift 12 months, until              purchase, depending on                                                                          in retailers does not
                     card                         balance is depleted.          where purchased– marked on                                                                      disclose amount of
                                                                                card.                                                                                           purchase/processing
                                                                                                                                                                                charge.
                     By phone at 1-877-AXP-GIFT
                                                                                Remaining balance may be
                                                                                transferred to a new gift card
                     $4.95, plus $5.95 shipping for
                                                                                for free or refunded via check
                     online and phone orders
                                                                                minus $10.00 check-issuance
                                                                                fee.
                     At participating banks, retailers,
                     and malls. (Prices may vary.)

                     Not available to residents of
                     CT, HI, NH, RI, &VT

                      American Express sells similar
                      cards for teens, birthdays,
                      dining, movie lovers and bride
                      and groom.
The Apprentice        Online at                      $2.95 per month after 6    12 months from date of           $5.95       No           Yes              Yes      Yes         See footnote.1
MasterCard Gift Card www.apprenticecard.com          months, until balance is   purchase, printed on card.
                                                     depleted or card
                                                     expires.
(First Regional Bank) $6.00 for $25.00                                          A $10.00 inactivity fee is
                      $7.00 for $50.00                                          applied at expiration. Any
                      $9.00 for $100.00                                         balance may be returned on a
                                                                                new card for $5.95.




          1
           Information not complete because card still not received 22 days after online order. Listed toll free number could not provide information and did not call back
          as promised.




                                                                                                     18
Card                 How Purchased and          Maintenance Fees                 Expiration Date                  Replacement Other Fees           Potential Problem Use     Security?   Disclosure Issues
                     Purchase/Processing Charge                                                                   Card Fee                         When Purchase     Online?
                                                                                                                                                   Exceeds Card
                                                                                                                                                   Value?
Discover Gift Card   Online at                          $2.50 per month after    24 months from time of           $5.00         No                 Yes              Yes      Yes           —
                     www.discovergiftcard.com           12 consecutive months    purchase. Printed on Card.
                                                        non-use, until balance
                                                        is depleted.
                     By phone at 1-866-522-7026                                  Remaining balance may be
                     (Must be a Discover                                         transferred to a new gift card
                     Cardmember to purchase by                                   less a $5.00 service fee
                     phone.)                                                     (must be requested within 90
                                                                                 days after expiration).
                     $3.95 fee for Original Gift Card
                     and $6.95 for Premium Gift
                     Card Package

                     Not available to residents of
                     CT, DC, HI, MA, ME, NH, RI,
                     TN & VT



Discover Gift Card   In select shopping malls           $2.50 per month after    Printed on card. (Sample         $5.00         No                 Yes              Yes      Yes           —
                                                        12 consecutive months    purchased expires after 31
                                                        non-use, until balance   months.)
                     $4.95
                                                        is depleted.
                                                                                 Remaining balance may be
                                                                                 transferred to a new gift card
                                                                                 less a $5.00 service fee
                                                                                 (must be requested within 90
                                                                                 days after expiration).


Giftcards.com Visa   Online at www.giftcards.com        $2.50 per month after 6 2 years from issue date.          $5.00 for new Yes                Yes              Yes      Yes           —
Debit Gift Card                                         months, until balance is                                  card if balance $0.35 fee for
                                                        depleted.                                                 over $25.       each purchase.
                     $4.95 for $25 - $75                                         Balances over $25 refunded
                                                                                                                  Balance under
                     $5.95 for $76 - $250                                        via new gift card for $5.00.
                                                                                                                  $25 refunded
                     $6.95 for $251 - $500                                       Balances under $25 refunded
                                                                                                                  by check for
                                                                                 by check for $7.00.
                                                                                                                  $7.00.




                                                                                                      19
Card                 How Purchased and          Maintenance Fees                Expiration Date               Replacement Other Fees        Potential Problem Use     Security?   Disclosure Issues
                     Purchase/Processing Charge                                                               Card Fee                      When Purchase     Online?
                                                                                                                                            Exceeds Card
                                                                                                                                            Value?
GiftCertificates.com Online at                      $2.00 per month after       Printed on card (sample       $15.00      No                Yes              Yes      Yes         Website does not
MasterCard Gift Card www.giftcertificates.com       12 months, until            purchased expired after 42                                                                        disclose how long the
                                                    balance is depleted.        months). Balance may be                                                                           gift card is valid.
                                                                                refunded on new card for
                                                                                $10.00 or by check for
                                                                                $20.00.



Gift2Go Visa Gift    Online at www.gift2go.net      $2.50 per month after       2 years from date issued,      $5.00      $5.00 for paper   Yes              Yes                     —
Card                                                12 months, until value      printed on card. Balance                  statement.
                                                    depleted or expiration      refunded on new card for
                     By phone at 1-800-995-3065
                                                    date, whichever is first.   $5.00 fee, if requested within
(Marshall Bank)
                                                                                60 days.
                     $3.95 for $20 - $99.99
                     $4.95 for $100 - $199.99
                     $5.95 for $199.99 - $250
HSBC MasterCard      Online at www.hsbcgift.com     $2.50 per month after       24 months after purchase,    $5.95        No                Yes              Yes      Yes            —
Gift Card                                           12 months.                  printed on card. Balance may
                                                                                be refunded by check for
                     $4.95 for $25 - $200
                                                                                $10.00.
                     $6.95 for $201 - $500




iCARD Visa Gift      Online at                       $25.00 per 6 months,     6 months from the month       $5.95         $2.50 per       Yes                Yes      Yes         Maintenance fee not
Card                 www.icardgiftcard.com $7.95     waived for first 6       following issuance.                         transaction                                             disclosed on card.
                     online                          months, until balance is                                             above surcharge
                                                     depleted or refund                                                   of ATM owner.
                                                                              Balance may be refunded by
                                                     requested.
                     By phone at 1-636-733-7541                               check for $25.00 fee within 1
                     $5.95 plus 2.5% of card’s value                          year of purchase, $50.00 from
(BANKFIRST)
                     for phone orders                                         1-2 years, or $75.00 after 2
                                                                              years.




                                                                                                    20
Card                   How Purchased and          Maintenance Fees          Expiration Date                 Replacement Other Fees        Potential Problem Use     Security?   Disclosure Issues
                       Purchase/Processing Charge                                                           Card Fee                      When Purchase     Online?
                                                                                                                                          Exceeds Card
                                                                                                                                          Value?
Ideal Gift Visa Gift   Participating retailers.     $2.00 per month after   Printed on card. Balance can $5.95          No                Yes              Yes      Yes         Extremely small print
Card                                                12 months, until        be refunded by check for                                                                            on card and terms
                                                    balance depleted.       $15.00, if requested within 12                                                                      and conditions
                       Varies - $5.95 Maximum
                                                                            months.                                                                                             provided with card.
(Meta Bank)



National City Visa     In Branches - $2.95           $2.50 per month after 6 12 months after purchase,    $15.00        No                Yes              Yes      Yes            —
Gift Card              Online at                     months, until card      printed on card. Balance may
                       www.giftcard.nationalcity.com depleted.               be refunded by check for
                                                                             $5.00.
                     $4.95 - $8.95, depending on
                     gift card value, plus $2.50 if
                     non-National City card used to
                     purchase.
Simon Mall Visa Gift Online at                      $2.50 per month after   At least 20 months from date    $5.00       No                Yes              Yes      Yes            —
Card                 www.simongiftcard.com          12 months, until        purchased. Printed on front
                                                    expiration date.        of card.
                       In Simon malls
                                                                            Remaining balance may be
                                                                            transferred to a new card for
(U.S. Bank)            $5.95 online
                                                                            $15.00 reissue fee.
                       $2.00 in malls

Suntrust Visa Gift     Online at                    $2.50 per month         At least 1 year after purchase $5.00         $1.00 per call for Yes            Yes      Yes            —
Card                   www.suntrust.com/giftcard    after 6 months.         date, printed on card.                      more than 2 calls
                       $4.95                                                                                            to customer
                                                                                                                        service per
                                                                            Balance may be refunded by
                                                                                                                        month.
                       By Phone – 1-800-318-0210                            check for $15.00.
                       $6.95




                                                                                                 21
Card                  How Purchased and          Maintenance Fees   Expiration Date                  Replacement Other Fees       Potential Problem Use     Security?   Disclosure Issues
                      Purchase/Processing Charge                                                     Card Fee                     When Purchase     Online?
                                                                                                                                  Exceeds Card
                                                                                                                                  Value?
Vanilla Visa Gift Card Participating Retailers   $1.50 per month    Printed on card.                 $5.95       No               Yes              Yes      Yes         Maintenance fees
                                                 after 12 months,                                                                                                       not disclosed on
                                                 until balance is                                                                                                       package. Card
                      $3.95 for $25                                 Balance may be refunded on
                                                 depleted.                                                                                                              and package say
                      $4.95 for $50                                 new card for $5.95 or by
                                                                                                                                                                        balance never
                      $5.95 for $100                                check for $10.00.
(U.S. Bank)                                                                                                                                                             expires.

Vanilla MasterCard    Participating Retailers    $1.50 per month    Printed on card.                 $5.95       No               Yes              Yes      Yes         Despite
Gift Card                                        after 12 months,                                                                                                       maintenance fee,
                                                 until balance is                                                                                                       card and package
                      $4.95 for $25                                 Balance may be refunded on
                                                 depleted.                                                                                                              say balance never
                      $5.95 for $50                                 new card for $5.95 or by
                                                                                                                                                                        expires.
                      $6.95 for $100                                check for $10.00.
(Marshall Bank)
U.S. Bank Visa Gift   Online at www.usbank.com   $2.50 per month    Printed on card. Printed on      $15.00      $1.00 for each Yes                Yes      Yes         Website does not
Card                  Online - $6.95             after 6 months,    card (sample purchased                       call to a                                              disclose how long
                                                 until value        expired after 24 months).                    customer service                                       the gift card is
                                                 depleted.                                                       representative.                                        valid.
                      U.S. Bank Branch - $4.99
                                                                                                                 $0.50 per call to
                                                                    Remaining balance may be
                                                                                                                 automated
                                                                    returned by check for $15.00.
                                                                                                                 phone line after
                                                                                                                 first 2 calls.
Washington Mutual Online at                      $2.50 per month    24 months from purchase          $15.00      No                Yes             Yes      Yes            —
MasterCard Gift Card www.wamugiftcards.com       after 12 months,   date. Printed on card.
                                                 until balance is
                                                 depleted.
                      $5.45 for $25 - $200                          Remaining balance may be
                      $7.95 for $201 - $500                         transferred to a new gift card
                                                                    or refunded via check for $15
(Washington Mutual)
                                                                    fee. Must be requested within
                                                                    180 days of expiration date.




                                                                                         22
Montgomery County Office of Consumer Protection

             100 Maryland Avenue

                   Suite 330

             Rockville, MD 20850

                 240-777-3636

                November 2007




                      23

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2007 12 - gift cards 2007 - best and worst retail cards - a deeper view of bank card doesnt improve their look

  • 1. Gift Cards 2007: Best and Worst Retail Cards; A Deeper View of Bank Cards Doesn’t Improve Their Look BACKGROUND Gift cards have become a huge business in America. The TowerGroup, a subsidiary of MasterCard, estimated that total 2006 gift card sales topped $80 billion, a 20 percent increase over 2005.1 The National Retail Federation estimates that gift card sales in the 2007 holiday season will total $26.3 billion, a 6 percent increase over the $24.8 billion in 2006 holiday sales.2 The TowerGroup estimated that sales of traditional retail gift cards (“closed loop” cards) in 2006 were $59 billion, compared to $23 billion in sales of bank gift cards (“open loop” cards), which carry the logo of American Express, Discover, MasterCard, or Visa, and are accepted where those brands of credit, debit, or charge cards are.3 A recently released survey estimates, however, that sales of bank gift cards in the 2007 holiday season could double the 2006 holiday season total.4 Besides the large gift card sales estimates, the TowerGroup released another figure that has received even greater attention: that consumers lose nearly $8 billion annually—approximately 10 percent of gift card sales—due to unredeemed value, expiration, or loss of cards. This “breakage” amount is more than double the 1 “With Soaring Gift Card Sales Poised to Exceed $80 Billion in 2006, Unused Card Values Are Also on the Rise,” TowerGroup Press Release, November 20, 2006. 2 “Gift Cards More Popular Than Ever, According to NRF,” National Retail Federation Press Release, November 13, 2007. 3 “With Soaring Gift Card Sales Poised to Exceed $80 Billion in 2006, Unused Card Value are also on the Rise,” TowerGroup. 4 “Gift Cards from American Express, Discover, MasterCard and Visa Earn 93% Satisfaction with Consumers,” National Branded Prepaid Card Association Press Release, November 8, 2007.
  • 2. $3.5 billion annually estimated to be lost from debit and credit card fraud.5 And there are signs that gift card breakage is worsening. For example, Consumer Reports just released a survey showing that, as of October 2007, 27 percent of consumers who received gift cards during the 2006 holiday season had not yet used one or more of the cards they received. That figure compares to 19 percent at the same time last year.6 Gift card breakage is clearly a concern of government regulatory agencies and state legislatures. Our 2006 gift card study noted that the Federal Trade Commission (FTC) was pursuing action against Darden Restaurants, the parent of Red Lobster, Olive Garden, Smokey Bones, and Bahama Breeze, for failure to adequately disclose its gift cards’ dormancy fees.7 In 2007 the FTC settled its case against Darden8 and a similar one against Kmart9 by requiring the companies to reimburse consumers who lost money from their inadequately disclosed gift card fees.10 As we noted in last year’s study, both companies had already eliminated the fees from their gift cards. 5 “With Soaring Gift Card Sales Poised to Exceed $80 Billion in 2006, Unused Card Value are also on the Rise,” TowerGroup. 6 “Consumer Reports Takes on Gift Cards in Second-Annual Public Education Campaign,” Consumer Reports Press Release, November 13, 2007. 7 “Gift Cards 2006: Retail Cards Continue to Improve (with Prodding); Bank Cards Still Have Problems,” Montgomery County, Maryland Office of Consumer Protection, November 20, 2006, p.2. 8 In the Matter of Darden Restaurants, Docket No. C-4189, U.S. Federal Trade Commission, Decision and Order, May 7, 2007. 9 In the Matter of Kmart Corporation, Docket No. C-4197, U.S. Federal Trade Commission, Decision and Order, August 14, 2007. 10 Our previous gift card reports pointed out the problems with the companies’ disclosures of their gift card fees (see, e.g., “Gift Cards 2005, Many Good Retail Cards. Any Good Bank Cards?” Montgomery County, Maryland Division of Consumer Affairs, December 1, 2005). The FTC’s press releases on its settlements acknowledged the office’s assistance. 2
  • 3. State legislatures have shown their concern about gift card breakage by enacting legislation to address gift card fees and expiration dates. In 2007 Arkansas, Florida, Illinois, Minnesota, Nevada, New Mexico, North Carolina, Oregon, and Utah enacted gift card laws and are on the list of approximately 30 states with such legislation. Concerns about the breakage issue is also the reason the Montgomery County Office of Consumer Protection has been issuing annual gift card reports since 2003. We believe that giving consumers information on gift cards, particularly on which ones have expiration dates or fees, enables consumers to adjust their card buying and usage to minimize breakage. METHODOLOGY For this, our fifth annual gift card report, we reviewed the gift cards, packaging and inserts, websites, and policies of 22 major retailers and restaurant chains and 20 bank card issuers. The list of retailers and restaurants (contained in the Retail Card Table at the end of this report) includes department stores, discount stores, clothing stores, home improvement stores, video rental stores, sporting goods stores, gas stations, and coffee shops. The bank cards are listed in the Bank Card Table at the end of this report. The information in this report was gathered from late October to mid-November 2007. The retail cards were all purchased in the named stores or restaurants. The cards were not bought in “gift card malls” in which a company’s cards may sometimes have different features than those 3
  • 4. purchased directly from the company. Bank cards were purchased online from the issuer or in person from retailers. Maryland has a gift card law prohibiting imposing fees or expiration dates on retail gift cards until they are four years old. To ensure that this report remains relevant for the states that don’t have similar legislation, we purchased our cards outside Maryland in jurisdictions without similar legislation. Retail Cards Like last year’s study, we again looked at the following five retail gift card issues: 1) Whether replacement cards may be obtained if the gift card is lost or stolen and its value has not been depleted, 2) Whether the cards have an expiration date, 3) Whether fees might be assessed to the card’s balance, 4) Whether there is pre-purchase disclosure of any fee or expiration date in the stores and on the company’s website, and 5) Whether the cards offer the convenience of purchasing from the company’s website. 4
  • 5. There have been news reports that scammers have obtained the card numbers of unsold cards and then used the numbers to spend a sold card’s value online before the recipient uses the card. The gift card industry has responded to the threat of this or other scams by putting PIN numbers, covered with scratch off coating, on cards. We, therefore, also looked at whether the cards have scratch off PINs. Results for these factors are presented in the Retail Card Table. Bank Cards Even a cursory look at bank cards reveals they are considerably more complex than retail cards. The relevant information on retail cards ordinarily fits on the back of the cards, whereas bank cards are packaged with a fairly lengthy card agreement of terms and conditions. All the cards we bought in person were enclosed in packages, which may also disclose key terms. Their websites often feature a Frequently Asked Questions section, as well as a copy of the card’s terms and conditions. In short, bank cards impose a variety of fees, offer features, and present problems that retail cards do not. We have made some changes in the factors we focused on in bank cards, but they bear a resemblance to those we focused on with retail cards. They are: 1) Whether there is a purchase/processing charge and the amount, 2) Whether there is a maintenance fee and the amount, 3) Whether the card has an expiration date and when, 4) Whether a lost or stolen card can be replaced and at what charge, 5
  • 6. 5) What other fees a card may impose, 6) Whether the cards may be used for online purchases, and 7) Whether the cards offer security features to prevent online abuse by scammers. Like last year, we also looked at whether the cards have potential problems when they are used in a purchase greater than the amount on the cards. Press accounts have highlighted that consumers have experienced problems in such transactions with bank cards, including having the transaction rejected.11 This is because bank cards are processed through the existing credit or debit card system, which may not be capable of reading the precise value on the bank card and putting the balance of the transaction on another form of payment, as is easily done with retail cards. Finally, we focused more on the adequacy of disclosures on bank cards, their packages, enclosures, and websites. In evaluating these disclosures, we noted the guidance that the Office of the Comptroller of the Currency, part of the U.S. Department of the Treasury, provided national banks in 2006 on disclosures and marketing issues regarding their gift cards.12 But we also applied our own common sense in noting issues with the disclosures. The results for all these factors appear in the Bank Card Table. 11 Caroline Mayer, “Bank Cards Come Wrapped With Limits,” The Washington Post, February 17, 2006, p. D1. 12 Gift Card Disclosures, OCC Bulletin 2006-34, Office of the Comptroller of the Currency, August 4, 2006. 6
  • 7. FINDINGS Retail Cards • 18 of the 22 studied cards are recommended because they have the five positive features we were looking for. That is, they have no fees, no expiration dates, they can be replaced if lost or stolen, they can be used to make purchases on the companies’ websites, and they have a scratch off PIN for security. The cards are those of Abercrombie and Fitch, Best Buy, Blockbuster, Circuit City, Crate and Barrel, Gap, JCPenney, KB Toys, Kohl’s, Lowe’s, Nordstrom, Old Navy, PetSmart, Sears, Sports Authority, Starbucks, Target, and Wal-Mart. If one is looking for a gift card they are all good choices. Blockbuster’s presence on this list is particularly notable because we have found in previous years that Blockbuster cards had fees or expiration dates. Blockbuster has eliminated the fees/expiration dates on its new cards and is now in the top category. (Although its cards didn’t qualify for our recommended group, we should also note that Pizza Hut’s gift card phone line now announces that the maintenance fees for which we downgraded their cards in last year’s report have been eliminated, regardless of what is stated on its cards.) • The other four studied cards are not recommended because they carry fees or expiration dates. Macy’s and Bloomingdale’s cards continue to impose an expiration date of two years after the last value added (the cards are re- loadable). At least Bloomingdale’s cards’ packages disclose this more straightforwardly than last year. Shell’s gas cards also continue to impose a 7
  • 8. dormancy fee of $1.75 per month after 12 months of non-use. This is the first year we have studied Claire’s cards. They impose a dormancy fee of $1.00 per month after 24 months non-use with a twist: the fee is imposed retroactively to the first month of inactivity so that a $25.00 card would suddenly be reduced to $1.00 when the fee kicks in. This is similar to the way Kmart’s fee used to work before it was eliminated under pressure from the FTC. Unlike the other three companies with not recommended cards, Claire’s does not adequately disclose its fee. It is disclosed on the back of the cards—as are all the retail card fees and expiration dates we’ve seen—and one can look at the card backs in stores, but Claire’s website gives no disclosure of this fee when card orders are placed on its website. It is surprising after the FTC’s Darden and Kmart cases that a major retailer would have such a gap in disclosing gift card fees. Bank Cards • All 20 of the studied bank cards impose a purchase/processing charge. For moderately priced cards they range from a low of $2.00 in Simon Malls for their Visa Gift Cards to a high of $10.90 for American Express Gift Cards for Kids ordered online or by phone. • All 20 of the bank cards impose a maintenance fee. 19 of the 20 impose the fee on a monthly basis, ranging from $1.25 to $4.95 per month. Six of those 19 cards delay the monthly charge for six months. 11 delay the monthly charge for a year, while the two Discover Gift Cards delay it until after a year of non-use. 8
  • 9. The iCARD Visa Gift Card takes a different tact by imposing a $25.00 fee after the first six months and then each six months thereafter. • All 20 of the bank cards have an expiration date. The shortest expiration period is six months for the iCARD Visa Gift Card and longest was 42 months for our sample of the GiftCertificates.com MasterCard Gift Card. All of these cards offer the opportunity to have any remaining balance at expiration returned via a reissued card or check. The American Express Gift Cards do not charge for a new card. Otherwise, the charges for a new card or refund check range from $5.00 to $25.00. The iCARD Visa Gift Card has the highest fee, along with the shortest expiration date. Its double whammy after six months is to simultaneously charge a $25.00 maintenance fee and expire. It will then cost another $25.00 to get any remaining balance returned. (That’s if one acts promptly; if one delays more than two years to ask for a refund the charge is $75.00.) Some of the other cards specify that the new card or check must be requested within a time limit, the Gift2Go Visa Gift Card’s is 60 days. But there is another reason to ask for the card’s balance to be returned promptly after expiration: the maintenance fees for many of these cards continue to be charged even after the stated expiration date. They can quickly eat away any balance that existed at expiration. • All 20 of the cards offer replacements if a card is lost or stolen. They also all charge for that service. The charges range from $5.00 to $15.00. The All-Access Visa Gift Card will refund a lost card’s balance via check instead of a new card. 9
  • 10. It is critical that the companies be promptly notified of a missing card so that there is a balance to be returned. • Seven of the cards impose other fees. The iCARD, the only card of the 20 that can be used in ATMs, charges $2.50 above the surcharge of the ATM owner for each such transaction. The GiftCards.com Visa Debit Gift Card charges $0.35 for each purchase with the card. The Gift2Go Visa Gift Card offers paper statements but charges $5.00 for them. Other cards may impose fees for phone inquiries. The AAA Visa gift Card may charge the cardholder $15.00 if the card’s balance goes negative, which presumably would only happen if there’s an error in the system. • All 20 of the cards may be used to make purchases online. All 20 also have security provisions for such purchases. Many require special registration of the card to make such purchases. • All 20 of the cards acknowledge the potential problems when trying to use the card toward a purchase greater than the value on the card. They give fairly detailed instructions for dealing with the problem by attempting a “split tender” transaction. In such a transaction the cardholder is supposed to have previously ascertained the precise value on the bank card and ask the checkout clerk to split the transaction into one for that amount on the bank card and another for the balance of the purchase with a different form of payment. Interestingly, some cards instruct that the bank card portion of the split tender transaction should be rung up first, while others instruct that the transaction for the balance 10
  • 11. should be rung up first (a transaction for which a calculator may prove handy). American Express’ Card Agreement is perhaps the most forthright in acknowledging that attempting a split tender transaction may not solve the problem. After instructing consumers how to attempt a split tender transaction, it notes that “[s]ome retailers, particularly department stores, will only allow a ‘split tender’ transaction if the second form of payment is cash or check. Internet and most mail order merchants do not permit ‘split tender’ transactions. We do not guarantee that the Merchant will accept two forms of payment such as two gift cards.” • Our review of the cards’ disclosures revealed some fundamental flaws. The AAA and iCARD Visa Gift Cards do not disclose the maintenance fee on the cards themselves and the All-Access Visa Gift Card does not contain the specifics of the maintenance fee. These failures run directly counter to the guidance provided by the Comptroller of the Currency in 2006. The package of the Vanilla Visa Gift Card fails to disclose its maintenance fee, so a potential buyer is unaware. This card and its package, as well as the Vanilla MasterCard and its package, say that the card’s balance never expires. The Comptroller of the Currency’s guidance made clear that such statements should not be made in connection with cards that have a maintenance fee that makes them expire slowly. The packaging of the All-Access Visa Gift Card has a similar problem, as we pointed out in our 2006 report. American Express is phasing out packages with similar language, but we continue to find some of these packages in 11
  • 12. retailers. The U.S. Bank Visa Gift Card and giftcertificates.com MasterCard Gift Card websites disclose that their cards expire but fail to disclose how long the card you order will be valid. In addition, some of the cards’ retail display packages do not disclose the cards’ purchase/processing fee on the front of the package. This can be misleading to consumers who are used to buying retail cards and paying only for the amount on the card. HIGHLIGHTS Retail Cards This year’s report spotlights 18 recommended cards that have every desirable feature we specified. The bigger picture is that there are many other good retail cards on the market. Our four not recommended cards impose fees or expiration dates, but due to the improvements in retail cards in recent years, one may be hard pressed to find other national retail cards with fees or expiration dates. That leaves many good choices and we have recommended 18 of the best. Bank Cards We have not seen similar improvement in bank cards, except that it does appear to be getting somewhat easier to find bank cards that do not impose maintenance fees until after one year. Another noteworthy development is that Discover Gift Cards, which delay maintenance fees until after one year of non-use, can now be purchased by everyone—not just Discover Cardmembers—online and in selected malls. 12
  • 13. Besides bank cards’ ubiquitous fees and expiration dates, the problem of paying for a purchase greater than the card’s value is a substantial one. In addition, our study found some surprising disclosure problems with some of these cards. Overall, the issue for bank cards is whether the convenience of having a card accepted at many merchants is worth the fees and the potential inconvenience of problems paying for a purchase greater than the card’s value. RECOMMENDATIONS For Card Buyers/Givers • Choose one of the 18 standout retail cards highlighted in this study. While the features highlighted in this study may not be critical to all recipients, we believe they will appreciate receiving a card with all of these features. In addition, the breakage figures cited at the beginning of this report show that expiration dates, fees, or losing a card become a factor much more often than one would expect. • If the widespread acceptance of a bank card is of primary importance, pick one that does not impose maintenance fees until at least one year. It may also be worth checking out the cards offered by your own bank because some offer cards with relatively low fees for their own customers. • Send the original receipt along with the card to the recipient or the recipient’s parent. Advise them to keep it in a safe place so they can seek a replacement if the card is lost or stolen. 13
  • 14. When buying a gift card, look carefully at the pre-purchase disclosures of terms and conditions on the website and the packaging or cards in the store or bank. If terms are not given, or appear too cryptic to be complete, do not buy it. For Recipients • Spend the cards quickly so yours don’t become breakage statistics. • Look at the terms and conditions on the back of a gift card and any paper insert as soon as you receive one. If the card has an expiration or fee commencement date, it is especially important to spend it promptly. Avoid the bank card uses that incur additional fees. • Set up a family gift card file to retain the original receipts, subsequent receipts, any expiration/fee commencement dates, any inserts with terms and conditions, and toll free customer service numbers. Register the cards that require this for replacement. • Call the toll free number a soon as possible if the card is missing, because you should not expect a replacement if someone else has spent the balance on your missing card. Even if the card says that replacements are not provided, contact the company anyway if it is lost or stolen. It does not hurt to ask, and we talked to some customer service representatives who indicated that their company might replace cards with proper proof of purchase even when its stated policy is not to. 14
  • 15. Retail Cards (Recommended Cards) Card Replacement cards Expiration Date? Are there Fees? Is the expiration Can card be used to Scratch off available if lost or date/fee disclosed purchase from PIN for stolen? pre-purchase in both company website? security? store and website? Abercrombie & Fitch Yes, with original receipt No No — Yes Yes Best Buy Yes, with proof of No No — Yes Yes purchase Blockbuster Yes, with card number No No — Yes, if card has PIN Yes and receipt higher then 6016 Circuit City Yes, with original receipt No No — Yes Yes Crate & Barrel Yes, if card registered No No — Yes Yes Gap Yes, with original receipt No No — Yes Yes JCPenney Yes, with proof of No No — Yes Yes purchase KB Toys Yes, with proof of No No — Yes Yes purchase Kohl’s Yes, with proof of No No — Yes Yes purchase Lowe’s Yes, with original receipt No No — Yes Yes Nordstrom Yes, with proof of No No — Yes Yes purchase Old Navy Yes, with original receipt No No — Yes Yes PetSmart Yes, with proof of No No — Yes Yes purchase and card number Sears Yes, with proof of No No — Yes Yes purchase Sports Authority Yes, with proof of No No — Yes Yes purchase and ID Starbucks Yes, if card registered No No — Yes Yes Target Yes, with original receipt No No — Yes Yes Wal*Mart Yes, with original receipt No No — Yes Yes
  • 16. Retail Cards (Not Recommended) Card Replacement cards available if Expiration Date? Are there fees? Expiration date/fee Can card be used Scratch off lost or stolen? disclosed pre- to purchase from PIN for purchase in both company security? store and website? website? Bloomingdale’s Yes, with proof of purchase Yes, after 2 years No Yes Yes Yes (a Federated from last value Dept. Store) added1 Claire’s No2 No $1 per month, No n/a No after 24 months non-use, retroactive to first month non-use1 Macy’s Yes, with proof of purchase Yes, after 2 years No Yes Yes Yes (a Federated from last value Department Store) added1 Shell Yes, with proof of purchase No $1.75/month after Yes n/a No 12 months non- use1 1 Expiration dates or fees do not apply in states that prohibit them. 2 Customer Service representative indicated company may provide replacement with proper proof of purchase. 16
  • 17. Bank Cards Card How Purchased and Maintenance Fees Expiration Date Replacement Other Fees Potential Problem Use Security? Disclosure Issues Purchase/Processing Charge Card Fee When Purchase Online? Exceeds Card Value? AAA Visa Gift Card In AAA Branches $1.25 per month after 6 Printed on card (Sample $5.95 $0.50 for card Yes Yes Yes Card does not months (12 in NY), until purchased expired after 22 registration and disclose card depleted. months.) balance inquiries maintenance fee. (Charter One Bank) $4.95 by phone. $15 if balance goes negative. All-Access Visa Gift Participating Retailers $4.95 per month after Maximum of 3 years from $9.95 to $0.50 for balance Yes Yes Yes Specifics of Card 12 months, until date of purchase - printed on refund balance inquiry by phone. maintenance fee balance is depleted. the card and package. by check. not disclosed on $3.95 for $25.00 Balance may be returned by card. $4.95 for $50.00 check for $9.95, within 24 $5.95 for $100.00 months. (Inter National Bank) American Express Online at $2.00 per month after Up to 3 years from date of $5.95 No Yes Yes Yes Front of package does Gift Card www.americanexpress.com/gift 12 months, until purchase, depending on not disclose amount card balance is depleted. where purchased– marked on of purchase/process card. charge. By phone at 1-877-AXP-GIFT Remaining balance may be transferred to a new gift card At participating banks, retailers, for free or refunded by check and malls. (Prices may vary.) minus $10.00 check-issuance fee. $3.95, plus $5.95 shipping ($2.00 for personalized cards) for online and phone orders. Not available to residents of CT, HI, NH, RI, &VT 17
  • 18. Card How Purchased and Maintenance Fees Expiration Date Replacement Other Fees Potential Problem Use Security? Disclosure Issues Purchase/Processing Charge Card Fee When Purchase Online? Exceeds Card Value? American Express Online at $2.00 per month after Up to 3 years from date of $5.95 No Yes Yes Yes Front of package sold Gift Card for Kids www.americanexpress.com/gift 12 months, until purchase, depending on in retailers does not card balance is depleted. where purchased– marked on disclose amount of card. purchase/processing charge. By phone at 1-877-AXP-GIFT Remaining balance may be transferred to a new gift card $4.95, plus $5.95 shipping for for free or refunded via check online and phone orders minus $10.00 check-issuance fee. At participating banks, retailers, and malls. (Prices may vary.) Not available to residents of CT, HI, NH, RI, &VT American Express sells similar cards for teens, birthdays, dining, movie lovers and bride and groom. The Apprentice Online at $2.95 per month after 6 12 months from date of $5.95 No Yes Yes Yes See footnote.1 MasterCard Gift Card www.apprenticecard.com months, until balance is purchase, printed on card. depleted or card expires. (First Regional Bank) $6.00 for $25.00 A $10.00 inactivity fee is $7.00 for $50.00 applied at expiration. Any $9.00 for $100.00 balance may be returned on a new card for $5.95. 1 Information not complete because card still not received 22 days after online order. Listed toll free number could not provide information and did not call back as promised. 18
  • 19. Card How Purchased and Maintenance Fees Expiration Date Replacement Other Fees Potential Problem Use Security? Disclosure Issues Purchase/Processing Charge Card Fee When Purchase Online? Exceeds Card Value? Discover Gift Card Online at $2.50 per month after 24 months from time of $5.00 No Yes Yes Yes — www.discovergiftcard.com 12 consecutive months purchase. Printed on Card. non-use, until balance is depleted. By phone at 1-866-522-7026 Remaining balance may be (Must be a Discover transferred to a new gift card Cardmember to purchase by less a $5.00 service fee phone.) (must be requested within 90 days after expiration). $3.95 fee for Original Gift Card and $6.95 for Premium Gift Card Package Not available to residents of CT, DC, HI, MA, ME, NH, RI, TN & VT Discover Gift Card In select shopping malls $2.50 per month after Printed on card. (Sample $5.00 No Yes Yes Yes — 12 consecutive months purchased expires after 31 non-use, until balance months.) $4.95 is depleted. Remaining balance may be transferred to a new gift card less a $5.00 service fee (must be requested within 90 days after expiration). Giftcards.com Visa Online at www.giftcards.com $2.50 per month after 6 2 years from issue date. $5.00 for new Yes Yes Yes Yes — Debit Gift Card months, until balance is card if balance $0.35 fee for depleted. over $25. each purchase. $4.95 for $25 - $75 Balances over $25 refunded Balance under $5.95 for $76 - $250 via new gift card for $5.00. $25 refunded $6.95 for $251 - $500 Balances under $25 refunded by check for by check for $7.00. $7.00. 19
  • 20. Card How Purchased and Maintenance Fees Expiration Date Replacement Other Fees Potential Problem Use Security? Disclosure Issues Purchase/Processing Charge Card Fee When Purchase Online? Exceeds Card Value? GiftCertificates.com Online at $2.00 per month after Printed on card (sample $15.00 No Yes Yes Yes Website does not MasterCard Gift Card www.giftcertificates.com 12 months, until purchased expired after 42 disclose how long the balance is depleted. months). Balance may be gift card is valid. refunded on new card for $10.00 or by check for $20.00. Gift2Go Visa Gift Online at www.gift2go.net $2.50 per month after 2 years from date issued, $5.00 $5.00 for paper Yes Yes — Card 12 months, until value printed on card. Balance statement. depleted or expiration refunded on new card for By phone at 1-800-995-3065 date, whichever is first. $5.00 fee, if requested within (Marshall Bank) 60 days. $3.95 for $20 - $99.99 $4.95 for $100 - $199.99 $5.95 for $199.99 - $250 HSBC MasterCard Online at www.hsbcgift.com $2.50 per month after 24 months after purchase, $5.95 No Yes Yes Yes — Gift Card 12 months. printed on card. Balance may be refunded by check for $4.95 for $25 - $200 $10.00. $6.95 for $201 - $500 iCARD Visa Gift Online at $25.00 per 6 months, 6 months from the month $5.95 $2.50 per Yes Yes Yes Maintenance fee not Card www.icardgiftcard.com $7.95 waived for first 6 following issuance. transaction disclosed on card. online months, until balance is above surcharge depleted or refund of ATM owner. Balance may be refunded by requested. By phone at 1-636-733-7541 check for $25.00 fee within 1 $5.95 plus 2.5% of card’s value year of purchase, $50.00 from (BANKFIRST) for phone orders 1-2 years, or $75.00 after 2 years. 20
  • 21. Card How Purchased and Maintenance Fees Expiration Date Replacement Other Fees Potential Problem Use Security? Disclosure Issues Purchase/Processing Charge Card Fee When Purchase Online? Exceeds Card Value? Ideal Gift Visa Gift Participating retailers. $2.00 per month after Printed on card. Balance can $5.95 No Yes Yes Yes Extremely small print Card 12 months, until be refunded by check for on card and terms balance depleted. $15.00, if requested within 12 and conditions Varies - $5.95 Maximum months. provided with card. (Meta Bank) National City Visa In Branches - $2.95 $2.50 per month after 6 12 months after purchase, $15.00 No Yes Yes Yes — Gift Card Online at months, until card printed on card. Balance may www.giftcard.nationalcity.com depleted. be refunded by check for $5.00. $4.95 - $8.95, depending on gift card value, plus $2.50 if non-National City card used to purchase. Simon Mall Visa Gift Online at $2.50 per month after At least 20 months from date $5.00 No Yes Yes Yes — Card www.simongiftcard.com 12 months, until purchased. Printed on front expiration date. of card. In Simon malls Remaining balance may be transferred to a new card for (U.S. Bank) $5.95 online $15.00 reissue fee. $2.00 in malls Suntrust Visa Gift Online at $2.50 per month At least 1 year after purchase $5.00 $1.00 per call for Yes Yes Yes — Card www.suntrust.com/giftcard after 6 months. date, printed on card. more than 2 calls $4.95 to customer service per Balance may be refunded by month. By Phone – 1-800-318-0210 check for $15.00. $6.95 21
  • 22. Card How Purchased and Maintenance Fees Expiration Date Replacement Other Fees Potential Problem Use Security? Disclosure Issues Purchase/Processing Charge Card Fee When Purchase Online? Exceeds Card Value? Vanilla Visa Gift Card Participating Retailers $1.50 per month Printed on card. $5.95 No Yes Yes Yes Maintenance fees after 12 months, not disclosed on until balance is package. Card $3.95 for $25 Balance may be refunded on depleted. and package say $4.95 for $50 new card for $5.95 or by balance never $5.95 for $100 check for $10.00. (U.S. Bank) expires. Vanilla MasterCard Participating Retailers $1.50 per month Printed on card. $5.95 No Yes Yes Yes Despite Gift Card after 12 months, maintenance fee, until balance is card and package $4.95 for $25 Balance may be refunded on depleted. say balance never $5.95 for $50 new card for $5.95 or by expires. $6.95 for $100 check for $10.00. (Marshall Bank) U.S. Bank Visa Gift Online at www.usbank.com $2.50 per month Printed on card. Printed on $15.00 $1.00 for each Yes Yes Yes Website does not Card Online - $6.95 after 6 months, card (sample purchased call to a disclose how long until value expired after 24 months). customer service the gift card is depleted. representative. valid. U.S. Bank Branch - $4.99 $0.50 per call to Remaining balance may be automated returned by check for $15.00. phone line after first 2 calls. Washington Mutual Online at $2.50 per month 24 months from purchase $15.00 No Yes Yes Yes — MasterCard Gift Card www.wamugiftcards.com after 12 months, date. Printed on card. until balance is depleted. $5.45 for $25 - $200 Remaining balance may be $7.95 for $201 - $500 transferred to a new gift card or refunded via check for $15 (Washington Mutual) fee. Must be requested within 180 days of expiration date. 22
  • 23. Montgomery County Office of Consumer Protection 100 Maryland Avenue Suite 330 Rockville, MD 20850 240-777-3636 November 2007 23