N.J.S.A. 56:8-110.3 — Division of Consumer Affairs, Internet notice, gift card scam information.

56:8-110.3 Division of Consumer Affairs, Internet notice, gift card scam information. 10. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall create and make available on its Internet website a notice to customers of retail mercantile establishments which shall include, but not be limited to: (1) the risk of gift card scams; and (2) available assistance, including from the Division of Consumer Affairs, a consumer may seek if the consumer suspects they may be a victim of a gift card scam. b. (1) A retail mercantile establishment may not knowingly sell a gift card to a consumer unless the retail mercantile establishment conspicuously displays a notice in a form as prescribed by the Director of the Division of Consumer Affairs in accordance with subsection a. of this section. (2) For in-person sales, the notice shall be placed at or near the physical location where the gift card is displayed for sale or where the gift card sales transaction takes place. (3) For online sales of gift cards, the notice shall be displayed on the webpage where the gift card is offered for sale or before the sale is finalized. c. Except as otherwise provided in subsection d. of this section, a retail mercantile establishment may not display or sell a gift card unless: (1) the gift card or its packaging includes in a manner visible to potential purchasers when on display a warning that states "Do not sell or purchase if the gift card or its packaging has been broken or indicates tampering" or that uses substantially similar language; (2) the gift card, if enclosed in packaging, is sealed in a manner that is not easily opened, removed, or replaced without signs of tampering; and (3) regardless of whether the gift card is or is not enclosed in packaging, all visible numbers such as a card number, CVV number, or a PIN number that can be used for balance inquiries or manual entry redemption are either fully concealed or covered, or otherwise made unavailable prior to sale or, only if the gift card is enclosed in packaging that is designed to make the gift card more secure than full concealment or covering otherwise would, are partially concealed or covered. d. A retail mercantile establishment may display or sell a gift card that does not conform to the requirements of paragraphs (2) and (3) of subsection c. of this section if: (1) the gift card is a chip-enabled, numberless card that is activated by a consumer after registering the card on the card issuer's website; (2) the gift card is: (a) sold exclusively by a retail mercantile establishment for use only at the retail mercantile establishment or a group of affiliated retail mercantile establishments for use at the retail mercantile establishments of the affiliated establishments; and (b) is secured in a physical location within the retail mercantile establishment that is accessible only by an employee, or (3) the gift card or its packaging: (a) incorporates technology that is designed to prevent activation if the gift card or its packaging has been subjected to tampering; or (b) incorporates technology that is designed to detect and prevent unauthorized redemption. e. (1) When a third-party gift card reseller buys or sells a gift card as part of a transaction occurring in this State, the reseller shall record and, for at least three years, maintain a copy of the following information as applicable: (a) the date of the transaction; (b) the name of the person who conducted the transaction; (c) the name, age, and address of the seller of the gift card; (d) the seller's and consumer's driver's license number or identification card number; (e) a description of the purchased gift card, including, but not limited to, the retailer for which the gift card is intended for use and the gift card number; (f) the specific amount issued on the gift card; (g) the transaction price; (h) the signature of the consumer. (2) The information recorded and maintained pursuant to this section shall be chronologically written in ink or logged into a secure database, software system, or other similar technology platform. (3) Except as provided in paragraph (4) of this subsection, recorded information may not be destroyed, altered, or erased. (4) A handwritten correction may be made to an entry of information by drawing a line of ink through the entry in a manner that retains legibility. (5) Information recorded pursuant to this subsection shall be open to inspection by any duly authorized law enforcement officer in this State during the ordinary business hours of the third-party gift card reseller or at other reasonable time. f. A third-party gift card reseller, including an agent or employee of the third-party gift card reseller may not: (1) fail to make an entry of or falsify, destroy, or remove any information required to be recorded and maintained pursuant to this section; (2) refuse to allow any duly authorized law enforcement officer in this State to inspect a record of information or the gift cards in the reseller's possession; or (3) fail to maintain a record in pursuant to this section. g. Upon request of a law enforcement agency conducting an investigation into allegations of theft of one or more gift cards, the issuer of the gift cards or the issuer's agents shall preserve and provide law enforcement with all relevant evidence so requested. L.2025, c.39, s.10.

This is the verbatim text of N.J.S.A. 56:8-110.3, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.