The holiday season isn’t really over, at least for retail stores and teenagers, until all the gift certificates have been spent.
Under a new law passed by the legislature this year a gift certificate purchased in Arkansas may not expire for at least two years. Under Act 304 of 2007, retailers may not charge late fees or transaction fees as long as the gift certificate is used within two years.
Act 304, which was part of the attorney general’s consumer protection package, had 24 legislative co-sponsors. It passed the Senate on a 35-to-0 vote and the House of Representatives by a vote of 89-to-7. With its passage, Arkansas is now one of 36 states that have in place some type of regulation on the use of gift cards as a protection for consumers.
In the past few years the number of gift certificates sold during the Christmas holiday season has skyrocketed. One national organization of retail stores estimated that the value of gift cards and certificates had risen by 42 percent in the past two years. The organization polled shoppers during the holidays and found that an overwhelming majority intended to buy at least two gift certificates for presents.
The growth in purchases of gift cards has coincided with an increase in complaints to consumer protection agencies. One is that certificates expired too quickly and recipients never really had a chance to redeem them. The value of unredeemed gift certificates has gone up greatly, in part because of early expiration dates.
Act 304, titled “The Fair Gift Card Act,” requires gift cards to remain valid for at least two years. If a card is used after two years retailers may charge transaction fees or late fees, however, the terms and amounts of those fees must be clearly labeled on the card. If you buy a gift certificate online, or through another electronic media, the retailer must provide you with information about late fees.
Much of Act 304 defines a gift card, as opposed to other types of plastic cards that also have become more popular in recent years. For example, the act does not apply to pre-paid telephone calling cards or pre-paid debit cards issued by financial institutions. It also does not apply to gifts or bonuses that retailers offer as a promotion or an award.
The act applies to the commonly issued gift cards that retail stores sell in the form of a plastic card with a magnetic strip. It also applies to “old fashioned” gift certificates written on paper that are worth a certain dollar amount.
E-Waste
Over the holidays millions of Americans received new computers, cell phones, video games, televisions and video cameras. That means millions of old electronic devices will be discarded, recycled or reused. If they’re thrown out with the trash they’re referred to as electronic waste, or simply e-waste.
According to the state Department of Environmental Quality, e-waste is the fastest growing component of solid waste thrown out by Americans every day. It is vital to properly recycle unwanted electronics because e-waste contains hazardous and toxic materials such as lead, cadmium and mercury.
To find a location that accepts e-waste, go to the Department’s web site at www.adeq.state.ar and search for the Solid Waste Management Division’s section on recycling.

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