'Tis the season for gift cards: Make sure you know your rights
SEATTLE -- Despite a 5-year-old state law prohibiting enforced expiration dates on most gift certificates and gift cards, some retail employees may not have gotten the message.
This heads-up came to our attention after KOMO viewer Thom Iwata tried to redeem a restaurant gift certificate he purchased on a popular web site, Restaurant.com.
The site has been in operation for nearly a decade and offers great deals for people who want to try new restaurants. $10 gets you a $25 gift certificate at your choice of any one of hundreds of participating restaurants in your area.
"Oh the restaurants have been real receptive to them," Iwata said of the restaurant marketing program.
Iwata says he and his wife have been using the certificates for three years, and have never had a problem until recently.
He contacted me after a great meal at Jonah's Restaurant in the Red Lion Hotel in Bellevue. Iwata says when he tried to redeem his certificate and pay the bill, the server noticed the expiration date was nine days earlier.
"She said, 'This is expired. We can't use it,'" said Iwata. "And she picked up all the paperwork that I had and went back and redid it, and gave me the full bill."
Restaurant.com certificates and Web site policy statements point out that certificates expire one year from the date of purchase, except in California or other states where prohibited by law.
Iwata contacted me because he remembered my reports about the Washington state's gift certificate and gift card law when it took effect in 2004.
Under the law, retailers cannot enforce expiration dates. They cannot charge fees. They cannot subtract charges for non-use if your gift certificate or gift card was purchased and used in the state of Washington.
The only exceptions are gift cards donated to charities for fundraising, cards or certificates issued in awards and loyalty programs where no money is exchanged, or if the card is from a major credit card company like VISA. (Lawmakers in Congress are currently working to remove the exemption for credit card companies.)
Washington law also requires retailers to redeem your balance in cash if the balance is under $5.
Iwata ended up paying the full restaurant bill.
"There was no sense in making a big issue of it." he said.
But to his surprise, the restaurant is making good on that certificate in ways he never expected.
When I called Jonah's, the managers got right on it. In a classic example of good customer service, Jonah's acknowledged the server had made a mistake, and took immediate steps to correct the situation.
"Naturally we have alerted our staff to be aware that, having been in the program for over 12 months now, w may have this occur again and to accept these certificates in the future," said Red Lion General Manager Danny Rogers in a written response to the Problem Solvers.
"On behalf of the Red Lion Hotel Bellevue and Jonah's Restaurant, we have extended our sincere apology to our valued guest, Mr. Iwata, for the misunderstanding regarding the Restaurant.com gift certificate. We have reimbursed him for his dinner and also have given him a gift certificate for a future dinner and an overnight stay at our hotel for his inconvenience. We appreciate him bringing this oversight to our attention," the statement said.
Rogers says the company has asked Restaurant.com to specifically list Washington as a state where expirations are prohibited by law. Given the varying laws in different states, and the continuing changes in different state laws, it may not be possible to list every state where expirations are exempt but the issue is being discussed.
Even though it's been on the books for more than five years, the Problem Solvers continue to run into workers and even consumers, who are not aware that Washington state has a gift card/gift certificate law in effect.
If you run into a situation where you feel your gift card is being declined unfairly, contact the manger and politely explain the law. If that fails, keep your certificate or gift card and file a complaint with the state attorney general.
Keep in mind, free promotional certificates and gift cards, and those donated to charities for fundraising purposes still expire on the stated date.
If you're in a business that issues gift cards or certificates, take a cue from Jonah's and the Red Lion and make sure your staff is up to speed.
This heads-up came to our attention after KOMO viewer Thom Iwata tried to redeem a restaurant gift certificate he purchased on a popular web site, Restaurant.com.
The site has been in operation for nearly a decade and offers great deals for people who want to try new restaurants. $10 gets you a $25 gift certificate at your choice of any one of hundreds of participating restaurants in your area.
"Oh the restaurants have been real receptive to them," Iwata said of the restaurant marketing program.
Iwata says he and his wife have been using the certificates for three years, and have never had a problem until recently.
He contacted me after a great meal at Jonah's Restaurant in the Red Lion Hotel in Bellevue. Iwata says when he tried to redeem his certificate and pay the bill, the server noticed the expiration date was nine days earlier.
"She said, 'This is expired. We can't use it,'" said Iwata. "And she picked up all the paperwork that I had and went back and redid it, and gave me the full bill."
Restaurant.com certificates and Web site policy statements point out that certificates expire one year from the date of purchase, except in California or other states where prohibited by law.
Iwata contacted me because he remembered my reports about the Washington state's gift certificate and gift card law when it took effect in 2004.
Under the law, retailers cannot enforce expiration dates. They cannot charge fees. They cannot subtract charges for non-use if your gift certificate or gift card was purchased and used in the state of Washington.
The only exceptions are gift cards donated to charities for fundraising, cards or certificates issued in awards and loyalty programs where no money is exchanged, or if the card is from a major credit card company like VISA. (Lawmakers in Congress are currently working to remove the exemption for credit card companies.)
Washington law also requires retailers to redeem your balance in cash if the balance is under $5.
Iwata ended up paying the full restaurant bill.
"There was no sense in making a big issue of it." he said.
But to his surprise, the restaurant is making good on that certificate in ways he never expected.
When I called Jonah's, the managers got right on it. In a classic example of good customer service, Jonah's acknowledged the server had made a mistake, and took immediate steps to correct the situation.
"Naturally we have alerted our staff to be aware that, having been in the program for over 12 months now, w may have this occur again and to accept these certificates in the future," said Red Lion General Manager Danny Rogers in a written response to the Problem Solvers.
"On behalf of the Red Lion Hotel Bellevue and Jonah's Restaurant, we have extended our sincere apology to our valued guest, Mr. Iwata, for the misunderstanding regarding the Restaurant.com gift certificate. We have reimbursed him for his dinner and also have given him a gift certificate for a future dinner and an overnight stay at our hotel for his inconvenience. We appreciate him bringing this oversight to our attention," the statement said.
Rogers says the company has asked Restaurant.com to specifically list Washington as a state where expirations are prohibited by law. Given the varying laws in different states, and the continuing changes in different state laws, it may not be possible to list every state where expirations are exempt but the issue is being discussed.
Even though it's been on the books for more than five years, the Problem Solvers continue to run into workers and even consumers, who are not aware that Washington state has a gift card/gift certificate law in effect.
If you run into a situation where you feel your gift card is being declined unfairly, contact the manger and politely explain the law. If that fails, keep your certificate or gift card and file a complaint with the state attorney general.
Keep in mind, free promotional certificates and gift cards, and those donated to charities for fundraising purposes still expire on the stated date.
If you're in a business that issues gift cards or certificates, take a cue from Jonah's and the Red Lion and make sure your staff is up to speed.
