[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5502 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5502
To amend the effective date of the gift card provisions of the Credit
Card Accountability Responsibility and Disclosure Act of 2009.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 10, 2010
Mr. Maffei (for himself, Mrs. Maloney, and Mrs. McCarthy of New York)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
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.''.
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