can prepaid services expire in california

Terms and conditions and fees apply. They are prepaid debit cards onto which a government agency loads funds directly and you can use them just like traditional debit cards. Access lines when imposition of the surcharge would be in violation of the Constitution of the United States, the United States Code, or the laws of the State of California. The sale is not subject to the 911 surcharge, 988 surcharge, or local charges. The amount of prepaid wireless minutes/airtime is a minimal amount, that is, $5 or less, or 10 minutes or less, or. In general, a kiosk owner that sells prepaid top-up airtime/minutes is required to register as a prepaid MTS seller and is responsible for collecting and paying the 911 surcharge, 988 surcharge, and any applicable local charges to CDTFA. This document may be copied if all of the following conditions are met: the meaning of the copied text is not changed; credit is given to the Department of Consumer Affairs; and all copies are distributed free of charge. . He says Climbaroo may consider having some flexibility with that date to keep customers happy. 24California Legislative Counsel, Opinion No. For prepaid cards Federally regulated financial institutions can't set an expiry date on funds loaded onto prepaid cards they issue. Prepaid wireless calling cards that are loaded onto a cell phone and give the purchaser the ability to use the cell phone are subject to the 911 surcharge, 988 surcharge, and local charges (if applicable). Bankruptcies: When Circuit City closed its doors in 2008, the value of gift cards for those stores disappeared. For PREPAID Services call us at 1-888-482-FIDO. These include cards with a value of $5 or less; when the fee is $1 or less per month; if the card has been inactive for 24 consecutive months; or a card can be re-charged by the owner with a value to over $5. 28California Civil Code Section 1749.45(a). No cash access. Where Should I Get My Mom a Gift Card To? Refunding taxes when ordered to under the local ordinance. However, the holder of the certificate or card may have a claim against the bankruptcy estate. Gift certificates and gift cards are covered by statutes setting these basic rules:2, FREQUENTLY ASKED QUESTIONS ABOUT GIFT CERTIFICATES AND GIFT CARDS, Q.1. Searches are limited to 75 3California Civil Code Section 1749.5(a). For time period, a day is 12:00 a.m. to 11:59 p.m., Pacific . Compare T-Mobile's prepaid phone plans, including unlimited talk, text, and data all on our 5G network to find the best plan for you and your family. For an overview and comparison of federal and California gift card law, please see Tables A and B, attached. This may include changing an address, opening or closing a business location, or obtaining a copy of their seller's permit or license. Your customer also provided you a cell phone number that is associated with a location in California; however, your customer did not provide her address and you do not have a record of her address. The same customer in Example 1 who lives in San Francisco, purchases a prepaid wireless e-card from your website and downloads the minutes to their phone. To get a replacement, contact us at the number on the back of your Gift Card. pre-paid credit cards No extra charges to use a gift card Under the act, most businesses can't charge extra fees, such as: activation fees or added service fees to purchase the card or to use the card fees that reduce the value of the gift card over time, sometimes called dormancy fees What to do if you are charged an illegal fee. There may be other resources that also serve your needs. I" want to continue going there my child loves to go there, but I don't want them to expire and i don't want to lose the money.". The United States, its unincorporated agencies and instrumentalities, or any state of the United States; Any incorporated agency or instrumentality of the United States wholly owned by either the United States, or a corporation wholly owned by the United States; The American Red Cross, its chapters and branches; Banks, including national banking associations, located within the limits of California; Enrolled Indians who are service users subscribing for service from within the limits of an Indian reservation; Federal credit unions organized in accordance with the provisions of the Federal Credit Union Act; Insurance companies, including title insurance companies, that pay the California gross premium insurance tax. This was passed in 2009 to limit abuse of consumers by credit card companies and banks. The app can only activate a T-Mobile prepaid line. Daily deals like Groupons allow you to use the original amount you paid into them after they expire. (sel. Banks can also charge fees for purchases, monthly activity, inactivity, transaction, balance inquiry and replacement. Prepaid mobile data or any other services when sold with any of the above., Any product (except a cell phone) or service when sold with prepaid MTS for a single price., A cell phone sold with prepaid MTS for a single non-itemized price., Only a minimal amount of prepaid MTS is transferred (a minimal amount of prepaid MTS is $5 or less, or 10 minutes or less), or. Pricing and services apply to the 2023 service season. But not all subscription plans are created equally under the law. For example, on money orders more than a year old, WesternUnion charges a $2-per-month service fee for each month after the first 12 up to a maximum of $144. If the recipient can only redeem the gift certificate or gift card for merchandise, or for a particular kind or class of merchandise, does this affect your decision to purchase or give the certificate or card? We reached out to the company. Common Reasons for Prepaid Expenses State of emergencies declared in California for the past three years. If your prepaid card expires while you still have money on it, you may be able to request a replacement card to access the funds. 2. This argument has not been tested, and it is doubtful that it would be successful. namiko love browner . The rash of bankruptcies and other difficulties facing the state have led to changes and reinforcements of laws applying to gift cards in California. The Visa Gift Card can be used everywhere Visa debit cards are accepted in the US. Prepaid cell phones have widespread use in the United States. Please make sure to check out our resources for sellers (above) if you are a service supplier that also makes retail sales of prepaid MTS to prepaid MTS consumers. Sounds innocent enough, right? Be aware of the retailer's financial status. Most retail stores allow you to return things you buy within a reasonable time for a full refund, credit, or an exchange. Atty. Olvid la contrasea / Nuevo Usuario. The amounts for the 911 surcharge, the 988 surcharge, and local charges should be separately stated on the invoice, receipt, or other similar document that is provided to the prepaid consumer, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. For families, Boost knocks $5 off the cost of lines for its 3GB plan. NATOMAS(CBS13) Most Gift cards can't expire in California. If more than one service supplier utilizes the same access line in furnishing telephone communication services to the service user, only the service supplier that bills the service user shall collect the 911 and 988 surcharges from the user and remit them to CDTFA. Passports. In the case of a gift card usable with multiple, unaffiliated sellers, ask about expiration dates and any applicable fees. A. 13California Civil Code Section 1749.5(d)(1). This avoids the problem of spending additional money on a purchase when it's difficult to find merchandise priced lower than $10. The gift certificate law requires the issuer of a gift certificate or gift card to honor it, but also limits that obligation to either redeeming the certificate or card in cash or replacing it with a new one. The Gift Card Granny Visa Gift Card and the Virtual Visa Gift Card are issued by Sutton Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. That said, expect a prepaid burial plan to cost $2,000-$10,000. A. The Civil Code also is available on the Internet at http://leginfo.legislature.ca.gov/ under the "California Law" button. "These play passes may not fall under the gift card law," because Barlow says these VIP cards don't' come with a cash value, like gift cards do. Dispute the location of the retail transaction, Believe the transaction is exempt from the local charges, or. It appears to be a possibility, although the holder may not demand it. 2004 ch 319 (AB656) [Assembly Floor analysis August 11, 2004].) Single-store cards can charge a dormancy fee in several instances. Shop around for the best deal, keep your receipts and record the card balance as you would would with a traditional credit card. Just like 7-Eleven SpeakOut's plan, this is a great option for an emergency phone or to keep in contact with a child or elderly parents. The customer's billing information shows they live in Sacramento, CA. The content on this page provides general consumer information. Consider purchasing a gift certificate or gift card from a retailer for use with it and its affiliates. 25California Civil Code Section 1749.6(b) (Statutes 2002, chapter 997 (AB 2473)). Postal money orders are an exception they never expire and never lose . First, not covered by the law were gift cards that could be redeemed for a specific good or service, or experience, such as a spa treatment, hotel stay, or airline flight. By comparison, the law does cover gift certificates that can be applied toward the purchase of a specific good or service, such as a certificate or card redeemable for a spa treatment up to $50.. Spengler Agans Bradley can advise your business to help ensure your startup doesnt become victim to the next $9.2 million class action suit. An exception to these rules applies to gift cards for food (excluding restaurant meals). As with food gift cards, however, the expiration date must be printed on the front of the card in 10-point type. April 22, 2015 / 6:41 PM / CBS Sacramento NATOMAS (CBS13) Most Gift cards can't expire in California. It requires a seller in bankruptcy to honor gift certificates issued before the date of the bankruptcy filing.25 No court has ruled on the effectiveness of this law. Only for personal use. NOTICE: We attempt to make our Legal Guides accurate as of the date of publication, but they are only guidelines and not definitive statements of the law. A Local Charge Agreement for state collection and administration of local charges, A Certification of ordinance that applies to local charges, A Resolution to authorize representative(s) for the local jurisdiction. In addition, you can find primary contacts for each practice area by visiting our Areas of Practice page. Three years after the due date of the return on which you overpaid the surcharge, Six months after you overpaid the surcharge, Six months after the date a billing became final, Three years after CDTFA collected an involuntary payment, such as from a levy or lien, The item is shipped to, or picked up by, your customer at a California location, or, Your records show that the customer's address is located in California, or. Your customer also provided you with her mobile phone number that is associated with a location outside of California. Statutes 2007, chapter 640 (SB 250). Additional lines of unlimited data cost $30 each on the standard plan and $40 on the more expensive plan. You will need to be reissued a card after it expires. The price of the cell phone component of the bundled charge is disclosed to the prepaid MTS consumer on a receipt, invoice, or other written documentation provided to the prepaid MTS consumer. Expiration dates, service fees and dormancy fees are prohibited by law for single-store cards, with limited exceptions. Can the holder of a gift card that is subject to a service fee use it to purchase a gift card that is not subject to a service fee? Sufficient funds must be added within 60 days of suspension or acct. Get the best pay as you go phone plan or prepaid phone plans with the latest phones. Moreover, they would have no effect if a seller of a card usable with unaffiliated, multiple sellers successfully take the position that these prohibitions do not apply to the card because it does not contain an expiration date, and therefore is exempt from the definition of gift certificate under section 1749.45(a). April 22, 2015 / 6:41 PM When local charges apply, the charges are applied as a percentage, to the selling price. If these types of prepaid data service plans can be used to make or receive cell phone calls, as well as for data or text, the sales are subject to the 911 and 988 surcharges, plus any applicable local charges. Q.6. Interpreting any provision of the ordinance (expect those specifically superseded by statute). The 911 and 988 surcharges still apply still applies to the transaction and sales tax applies to the entire charge. You can look up the local charge rates by city (see 911 Surcharge, 988 Surcharge, and Local Charge Rates for Sellers of Prepaid Mobile Telephony Services (MTS)).

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