HB 4990
Relating to crimes using gift cards
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill creates new crimes in West Virginia related to the fraudulent use of gift cards. It defines offenses such as theft, forgery, and fraud involving gift cards and their associated information. Specifically, it addresses acquiring, altering, or using gift cards obtained through deceptive means, with penalties increasing for offenses exceeding $1,000 within a six-month period. The bill also establishes definitions for key terms like ‘cardholder,’ ‘gift card,’ and ‘gift card redemption information.’
Key provisions
- Defines ‘gift card’ as a physical or digital prepaid card for purchase or gift giving.
- Criminalizes theft of gift cards or redemption information without consent.
- Criminalizes altering or tampering with gift cards.
- Criminalizes using stolen gift cards to obtain goods or services.
- Grand theft charges apply if the value of stolen goods/services exceeds $1,000 in six months.
- Establishes definitions for ‘cardholder,’ ‘card issuer,’ ‘closed-loop gift card,’ and ‘open-loop gift card.’
- Defines ‘gift card redemption information’ as unique data allowing access to a gift card’s funds.
- Defines ‘gift card seller’ as a merchant selling gift cards.
Who is affected
- Gift card holders
- Gift card issuers
- Gift card sellers
- Consumers
- Merchants
Notable changes
- Creates a new legal framework specifically addressing gift card fraud.
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