Consumer · Gift Cards
Can a Gift Card Expire in New Hampshire?
Whether a store gift card can expire in New Hampshire, 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 New Hampshire
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 for 250 dollars or less | It is an unlawful act to sell a gift certificate with a face value of 250 dollars or less that carries an expiration date, under RSA 358-A:2, XIII. Those cards cannot expire. |
| No balance-reducing fees, ever | Dormancy, latency, and any other administrative fee or service charge that reduces the redeemable amount is prohibited at every face value. There is no waiting period. |
| Cards over 250 dollars expire only on escheat | A certificate above 250 dollars expires only when it is escheated to the state as abandoned property under RSA 471-C. |
| No cash-back right | RSA 358-A:2, XIII sets no dollar threshold at which a holder may demand the remaining balance in cash. |
| When it is different | What it means |
|---|---|
| Season passes | A season pass is the only carve-out, so a ski-area season pass may expire. This is the shortest exemption list in the region. |
| Open-loop bank cards | Paragraph XIII does not separately address bank-issued open-loop cards, which federal law reaches instead. |
What you can do right now
Concrete, neutral steps if a gift-card balance is dishonored in New Hampshire. This is consumer information, not legal advice.
- Check the face value against 250 dollars
A New Hampshire gift certificate of 250 dollars or less cannot carry an expiration date. Over 250 dollars it lasts until it escheats to the state.
- Refuse any balance-reducing fee
Dormancy, latency, and administrative fees that shrink the redeemable amount are prohibited at every face value.
- Remember a season pass can expire
The one carve-out is a season pass, so do not assume a ski-area pass never expires.
- Complain if a card is dishonored
A violation is an unlawful act under the Consumer Protection Act. File a complaint with the New Hampshire Department of Justice, Consumer Protection Bureau.
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.
→ New Hampshire Department of Justice · 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 New Hampshire gift-card holders get wrong
New Hampshire wrote its gift-card rule as a single sentence inside a list of unlawful trade practices, and it turns on a dollar line almost nobody expects: 250 dollars. Under RSA 358-A:2, XIII it is unlawful to sell a gift certificate with a face value of 250 dollars or less that carries an expiration date, so those cards simply cannot expire. A certificate above 250 dollars is allowed to die exactly once, at the moment the state takes the money as abandoned property under RSA 471-C. Separately, and at every face value, dormancy, latency, and any other administrative fee or service charge that reduces the redeemable balance is flatly prohibited, with no dollar threshold and no waiting period. The only thing New Hampshire exempts is a season pass, which makes it the shortest exemption list in the region, so a ski-area season pass may expire while an ordinary store card may not. Because the prohibition sits inside the Consumer Protection Act, a violation carries the Act's private right of action with enhanced damages and attorney fees. This page was read from the official New Hampshire text.
Common questions
Why does New Hampshire treat a 250 dollar gift card differently from a 260 dollar one?
The statute draws the no-expiration line at 250 dollars. A card of 250 dollars or less cannot expire, while one above 250 dollars lasts only until it escheats to the state.
Can a New Hampshire ski-area season pass expire?
Yes. A season pass is the one carve-out in RSA 358-A:2, XIII, so it can carry an expiration date.
My New Hampshire card was hit with an inactivity fee. Is that automatically illegal?
Yes. Dormancy, latency, and any administrative fee that reduces the redeemable balance is prohibited at every face value.
Can I sue the retailer myself in New Hampshire, or do I have to complain to the AG?
You can sue. A violation is an unlawful act under the Consumer Protection Act, which carries a private right of action with enhanced damages and attorney fees.
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.