Consumer · Gift Cards
Can a Gift Card Expire in Wisconsin?
Whether a store gift card can expire in Wisconsin, 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 Wisconsin
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 |
|---|---|
| Federal five-year minimum applies | Wisconsin sets no validity term, so the federal CARD Act controls: a covered gift card cannot expire earlier than five years after issuance or the last load. |
| Fees follow federal law only | Wisconsin sets no fee cap or waiting period. Under federal law a dormancy fee is barred until twelve months of inactivity, then no more than one fee per month with disclosure. |
| No state cash-back right | Wisconsin sets no dollar threshold at which a holder may demand the remaining balance in cash. |
| A true gift card is never escheated | A gift card whose value the issuer cannot convert to money is not on the abandonment list, under Wis. Stat. § 177.0201, so the money stays with the merchant. |
| When it is different | What it means |
|---|---|
| Paper certificates are unregulated | Federal law does not cover paper-only gift certificates, and Wisconsin adds nothing, so a paper certificate has no statutory expiration protection. |
| Loyalty and promotional cards | Cards given away without payment, or as part of an awards or loyalty program, fall outside the federal protections. |
What you can do right now
Concrete, neutral steps if a gift-card balance is dishonored in Wisconsin. This is consumer information, not legal advice.
- Count on five years, not a printed date
Wisconsin sets no minimum, so the federal five-year floor overrides a shorter printed date on a covered card. A paper certificate is not federally covered.
- Watch for early inactivity fees
A dormancy or inactivity fee before twelve months of no use is not allowed under federal law, and after that only one fee per month with disclosure.
- Do not rely on the pending five-year bill
AB 894 would add a five-year Wisconsin rule, but it is not law yet. Rely on the federal floor for now.
- Complain if a card is dishonored
File a complaint with the Wisconsin Department of Agriculture, Trade and Consumer Protection.
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.
→ Wisconsin DATCP · 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 Wisconsin gift-card holders get wrong
Wisconsin has written a careful legal definition of a gift card and then used it only to decide who keeps the money, not how long the card lasts. Under Wis. Stat. § 177.01(7d), a gift card is a record redeemable only for merchandise, goods, or services whose value the issuer cannot convert into money, and a separate definition covers a stored-value card whose value can be monetized. The abandonment list in § 177.0201 contains no gift-card entry, so a true closed-loop, non-monetizable gift card simply falls outside the reportable categories and the money stays with the merchant. What Wisconsin does not have is any consumer statute limiting gift-card expiration dates or fees, so a Wisconsin shopper's only protection is the federal CARD Act: a covered card cannot expire earlier than five years, and no dormancy fee is allowed before twelve months of inactivity. There is a possible change on the horizon: a 2025-session proposal, AB 894, would create a new section barring a gift card that expires earlier than five years, but it is not law yet, and that section does not currently exist. This page was read from the official Wisconsin statute text.
Common questions
Does Wisconsin have a gift-card expiration law?
No. Wisconsin has no consumer gift-card statute, so the federal five-year minimum is the operative rule for a covered card.
Is Wisconsin about to pass a five-year gift-card law?
Possibly. A 2025-session proposal, AB 894, would add a five-year rule, but it is not law yet and the section does not currently exist.
What is the difference between a gift card and a stored-value card in Wisconsin?
A gift card's value cannot be converted to money by the issuer, while a stored-value card's value can. The distinction decides escheat treatment, not how long the card lasts.
Does Wisconsin ever take unused gift-card money?
Not for a true closed-loop gift card, which is not on the abandonment list. A card whose value can be monetized may be treated as a stored-value card instead.
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.