Consumer · Gift Cards
Can a Gift Card Expire in Virginia?
Whether a store gift card can expire in Virginia, 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 Virginia
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 dormancy, inactivity, or service fees | No gift certificate issued by a Virginia merchant may impose a dormancy fee, inactivity charge, or service fee, under Va. Code § 59.1-531(C), unless it is an award, loyalty, or promotional certificate. |
| Expiration must be disclosed | A certificate with an expiration date must state that date, or a phone number or website where the holder can obtain it. Virginia sets no minimum term of its own. |
| Federal five-year floor for expiration | Because Virginia sets no minimum term, the federal CARD Act five-year floor is the operative expiration limit for a covered card. |
| Now covers open-loop prepaid cards | A 2025 amendment brought general-use prepaid cards inside the definition, so the fee ban now reaches Visa-style prepaid gift cards, with a one-time issuance fee preserved. |
| When it is different | What it means |
|---|---|
| Loyalty and promotional cards | An award, loyalty, or promotional certificate with nothing else of value exchanged is exempt from the fee ban, under § 59.1-531(C). |
| A one-time issuance fee | A one-time initial issuance fee on a general-use prepaid card is excluded from the definition of a service fee. |
| No cash-back right | Chapter 47 sets no small-balance cash redemption threshold. |
What you can do right now
Concrete, neutral steps if a gift-card balance is dishonored in Virginia. This is consumer information, not legal advice.
- Refuse any dormancy or service fee
A Virginia gift certificate may not carry a dormancy, inactivity, or service fee unless it is a loyalty or promotional card, under § 59.1-531(C).
- Count on five years for expiration
Virginia sets no minimum term, so the federal five-year floor controls expiration for a covered card, and any date must be disclosed.
- Know branded prepaid cards are covered since 2025
A 2025 amendment brought Visa-style prepaid cards inside the fee ban, so content written before 2025 that calls it closed-loop-only is out of date.
- Complain if a card is dishonored
A violation is a Consumer Protection Act violation. File a complaint with the Virginia Attorney General, Consumer Protection Section.
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.
→ Virginia 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 Virginia gift-card holders get wrong
Virginia is a fee-ban state that is not an expiration state. It will let a card expire whenever the merchant says, so long as it tells you the date or gives you a number to call, but it will not let anyone nibble the balance with monthly charges. Under Va. Code § 59.1-531(C), no gift certificate issued by a Virginia merchant may impose a dormancy fee, inactivity charge, or service fee, unless the certificate is distributed under an award, loyalty, or promotional program with nothing else of value exchanged. Virginia sets no minimum term of its own, so the federal CARD Act five-year floor is the operative expiration limit for a covered card, and a card with an expiration date must state it or a way to obtain it. As of a 2025 amendment, the definition of a gift certificate expressly includes general-use prepaid cards, so Virginia's fee ban now reaches Visa- and Mastercard-branded prepaid gift cards, which most state gift-card laws exclude, with a one-time issuance fee preserved. Virginia sets no cash-back right. This page was read from the official Virginia Law text.
Common questions
Does Virginia require gift cards to last five years?
Virginia itself sets no minimum term, but the federal five-year floor controls expiration for a covered card. Virginia's own rule is a fee ban plus a disclosure duty.
Can a Virginia gift card charge a monthly inactivity fee?
No, unless it is a loyalty or promotional card. Under § 59.1-531(C), dormancy, inactivity, and service fees are banned on covered certificates.
What changed for Virginia gift cards in 2025?
A 2025 amendment brought general-use prepaid cards inside the definition, so the fee ban now reaches Visa-style branded prepaid gift cards.
Does Virginia's law cover a Visa gift card bought at the grocery store?
Since 2025, yes for the fee ban. A general-use prepaid card is now a gift certificate under the statute, subject to the dormancy and service fee ban.
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.