The Gift Card
ORC 1349.61 — two years before it may expire, and two years before a fee may touch it
A card with a date printed on it looks like a card that expires on that date. Ohio puts a floor under how soon that date may be, and a separate floor under when anything may start eating the balance.
Not less than two years from issue, for the expiry. No person or entity sells a gift card to a purchaser containing an expiration date that is less than two years after the date the gift card is issued. The clock runs from issue rather than from purchase or from first use.
And not less than two years from issue, for the fees. No person or entity, within two years after a gift card is issued, charges service charges or fees relative to that gift card, including dormancy fees, latency fees or administrative fees, that have the effect of reducing the total amount for which the holder may redeem it. A balance quietly falling is the thing this addresses, and it is a separate prohibition from the expiry one.
| What it is | Whether the two years applies |
|---|---|
| What it isA card bought with money | Whether the two years appliesYes |
| What it isA card given under an awards, loyalty or promotional programme with nothing given in exchange | Whether the two years appliesExempt from the expiry provision |
The exemption turns on whether the consumer gave money or anything of value for the card. A card handed over as a reward is in a different position from one somebody paid for, and a card bought at a till is not made promotional by being given away afterwards.
Federal law adds its own rules about expiry and fees on many cards, and where the two differ the one more favourable to the holder is not automatically the one that governs; that is its own question. Bank issued and general use prepaid cards, unclaimed funds, and what happens when the issuer closes are not covered here. The Ohio Attorney General's consumer protection section takes complaints about gift cards.
Sources for this section (1)
- ORC 1349.61 — Sale of a gift card expiring within two years of sale prohibited
Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.