[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5502 Enrolled Bill (ENR)]
H.R.5502
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To amend the effective date of the gift card provisions of the Credit
Card Accountability Responsibility and Disclosure Act of 2009.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DELAY OF EFFECTIVE DATE.
Title IV of the Credit Card Accountability Responsibility and
Disclosure Act, is amended by striking section 403 and inserting the
following:
``SEC. 403. EFFECTIVE DATE.
``(a) In General.--Except as provided under subsection (b) of this
section, this title and the amendments made by this title shall become
effective 15 months after the date of enactment of this Act.
``(b) Exception.--
``(1) In general.--In the case of a gift certificate, store
gift card, or general-use prepaid card that was produced prior to
April 1, 2010, the effective date of the disclosure requirements
described in sections 915(b)(3) and (c)(2)(B) of the Electronic
Funds Transfer Act shall be January 31, 2011, provided that an
issuer of such a certificate or card shall--
``(A) comply with paragraphs (1) and (2) of section 915(b)
of such Act;
``(B) consider any such certificate or card for which funds
expire to have no expiration date with respect to the
underlying funds;
``(C) at a consumer's request, replace such certificate or
card that has funds remaining at no cost to the consumer; and
``(D) comply with the disclosure requirements of paragraph
(2) of this subsection.
``(2) Disclosure requirements.--The disclosure requirements of
this subsection are met by providing notice to consumers, via in-
store signage, messages during customer service calls, Web sites,
and general advertising, that--
``(A) any such certificate or card for which funds expire
shall be deemed to have no expiration date with respect to the
underlying funds;
``(B) consumers holding such certificate or card shall have
a right to a free replacement certificate or card that includes
the packaging and materials, typically associated with such a
certificate or card; and
``(C) any dormancy fee, inactivity fee, or service fee for
such certificates or cards that might otherwise be charged
shall not be charged if such fees do not comply with section
915 of the Electronic Funds Transfer Act.
``(3) Period for disclosure requirements.--The notice
requirements in paragraph (2) of this subsection shall continue
until January 31, 2013.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.