Consumer · Gift Cards
Can a Gift Card Expire in Maine?
Whether a store gift card can expire in Maine, plus the cash-back rule, the fee limits, the exceptions for bank and promotional cards, and how the state compares to the federal five-year floor. Cited to the statute.
The rules and exceptions in Maine
What the law requires, when it does not apply, and how the state sits against the federal floor.
| The rule in this state | What it means |
|---|---|
| No expiration ever | No period of limitation may be imposed on the owner's right to redeem a gift obligation, under 33 M.R.S. § 2067(4). The balance stays good indefinitely. |
| No fees except one disclosed issuance fee | No dormancy, inactivity, service, or maintenance fee may be imposed. The only lawful fee is a disclosed one-time issuance fee, under § 2067(5). |
| Cash back under 5 dollars, in person | If a card is redeemed in person and less than 5 dollars remains after the purchase, the merchant must refund the balance in cash on request, under § 2067(6). It does not apply to a card that started at 5 dollars or less. |
| The state has stopped taking the money | Maine phased its escheat share down to zero for cards issued from 2022 onward, so an unused balance now stays with the merchant, still redeemable forever. |
| When it is different | What it means |
|---|---|
| Loyalty and promotional cards | A loyalty obligation, given without direct monetary consideration under an award or promotional program, is not a gift obligation and falls outside these rules. |
| Open-loop and stored-value cards | A stored-value obligation is governed by a separate section, and a bank-issued open-loop card is not a gift obligation. |
| Small issuers on escheat only | An issuer that sold no more than 250,000 dollars in gift obligations last year is exempt from the abandonment presumption, though not from the no-expiration rule. |
What you can do right now
Concrete, neutral steps if a gift-card balance is dishonored in Maine. This is consumer information, not legal advice.
- Ignore any printed expiration date
A Maine gift card cannot expire, because no limitation may be imposed on your right to redeem it under § 2067(4). The balance stays good indefinitely.
- Ask for cash under 5 dollars when redeeming in person
If you redeem in person and less than 5 dollars remains after a purchase, the merchant must refund it in cash on request, under § 2067(6).
- Refuse a dormancy fee
No dormancy, inactivity, service, or maintenance fee is allowed. Only a disclosed one-time issuance fee is lawful.
- Complain if a card is dishonored
File a complaint with the Maine Attorney General, Consumer Protection Division.
If a retailer voids a balance or charges an improper fee, a state consumer-protection office can take your complaint and enforce the gift-card rules.
→ Maine Attorney General · Consumer ProtectionThis is general consumer information, not legal advice. Card terms and exceptions vary, so check your card and the statute, and use the complaint route if a balance is wrongly dishonored.
What Maine gift-card holders get wrong
Maine is a rare double-protection state: cards can never expire, and you can walk out with cash once the balance drops under 5 dollars. Under 33 M.R.S. § 2067(4), no period of limitation may be imposed on the owner's right to redeem, so a Maine gift card is good forever. Under § 2067(5), no dormancy, inactivity, service, or maintenance fee is allowed, and the only lawful fee is a disclosed one-time issuance fee. And under § 2067(6), if you redeem in person and less than 5 dollars remains after a purchase, the merchant must refund the balance in cash on request, though this does not apply to a card that started at 5 dollars or less. Maine also quietly stopped taking gift-card money: its escheat share steps down from 60 percent to zero for cards issued from 2022 onward, so unredeemed balances now stay with the merchant, still redeemable. The whole framework moved statutes in 2023, so anything citing the old 33 M.R.S. § 1953 is quoting a repealed section. Free promotional and loyalty cards are separately defined and fall outside these rules, as do bank-issued open-loop cards.
Common questions
Do Maine gift cards really never expire?
Yes. Under 33 M.R.S. § 2067(4), no period of limitation may be imposed on the owner's right to redeem a gift obligation, so the balance stays good indefinitely.
I have 3.80 dollars left on a Maine gift card. Can the store make me spend it in-store?
No, if you redeem in person. Under § 2067(6), if less than 5 dollars remains after a purchase, the merchant must refund the balance in cash on request.
Why does my search keep turning up 33 M.R.S. § 1953, and is that still the law?
No. That section was repealed in 2023. Maine's gift-card rule is now 33 M.R.S. § 2067 in a new chapter.
Does the 250,000 dollar small-business exemption change my rights?
Only on escheat. A small issuer is exempt from the abandonment presumption, but the no-expiration rule still applies to its cards.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.