Consumer · Gift Cards
Can a Gift Card Expire in New Mexico?
Whether a store gift card can expire in New Mexico, 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 Mexico
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 |
|---|---|
| Sixty-month minimum | A gift certificate may not carry an expiration date less than 60 months after issuance, under NMSA 1978 § 57-12-26. If no date is conspicuously stated, the certificate is presumed to have none and is valid until redeemed or replaced. |
| No fees of any kind | An issuer may not charge any fee beyond an initial charge up to face value, and a certificate may not be reduced in value by any service or dormancy fee. No fee is ever permitted. |
| No cash-back right | The statute creates no cash-back right, and the definition describes a certificate as not redeemable in cash. |
| The state may claim it after five years | A gift certificate is presumed abandoned five years after December 31 of the year it was sold, and if merchandise-only, 60 percent of face value is deemed abandoned, under NMSA 1978 § 7-8A-2. |
| When it is different | What it means |
|---|---|
| Loyalty and promotional cards | Cards distributed for promotional, award, incentive, or rebate purposes with nothing of value given are excluded. |
| Bank and credit-union cards | Certificates issued by banks, savings and loans, licensed money transmitters, or credit unions, and any card usable with multiple unaffiliated sellers, are excluded. |
| Telecom and deposit-linked cards | Cards used solely for telephone service, or linked to a deposit or checking account, are excluded. |
What you can do right now
Concrete, neutral steps if a gift-card balance is dishonored in New Mexico. This is consumer information, not legal advice.
- Count on at least 60 months
A New Mexico gift certificate cannot carry a date earlier than 60 months from issuance, and one with no date is valid until redeemed.
- Refuse any fee
New Mexico allows no fee beyond the purchase price, and no service or dormancy fee may reduce the value.
- Claim an escheated balance
If a certificate has been dormant five years past the year it was sold, the balance may sit with the state, where you can claim it.
- Complain if a card is dishonored
A violation is an unfair trade practice. File a complaint with the New Mexico Department of Justice, 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.
→ New Mexico 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 Mexico gift-card holders get wrong
New Mexico wrote the strongest default in the region into a single sentence: if the certificate does not conspicuously print an expiration date, it legally has none and stays good until it is spent. Under NMSA 1978 § 57-12-26, a gift certificate may not carry an expiration date less than 60 months after issuance, and if no date is conspicuously stated, the certificate is presumed to have none and is valid until redeemed or replaced. The section also bars the issuer from charging any fee at all beyond the initial purchase price, and a certificate may not be reduced in value by any service or dormancy fee. Combine the no-date default with a total fee ban and the practical result is that most New Mexico gift certificates never lose value. The catch sits in the unclaimed-property code: five years after the December 31 of the year it was sold, the state can claim the balance, and for merchandise-only certificates it takes 60 percent of face value. Bank-issued and credit-union cards, multi-seller cards, telecom cards, and promotional cards are excluded. The New Mexico Attorney General was renamed the Department of Justice, so older sources point to a different site.
Common questions
My New Mexico gift card has no date printed on it. When does it expire?
It does not. Under § 57-12-26, a certificate with no conspicuously stated expiration date is presumed to have none and is valid until redeemed or replaced.
Can a New Mexico store charge any kind of gift-card fee?
No. Beyond an initial charge up to face value, no fee is allowed, and no service or dormancy fee may reduce the value.
Why are bank-issued and credit-union gift cards excluded from New Mexico's rules?
The definition excludes certificates issued by banks, savings and loans, licensed money transmitters, and credit unions, along with multi-seller cards, which follow federal rules.
What happens to my New Mexico gift certificate five years after I buy it?
It stays valid against the merchant, but the state may claim the balance as abandoned property under § 7-8A-2, taking 60 percent of face value for a merchandise-only certificate.
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.