OCC Issues Guidance on Gift Cards

WASHINGTON – The Office of the Comptroller of the Currency today issued guidance on disclosure and marketing issues associated with gift cards.  The guidance focuses on the need for national banks that issue gift cards to do so in a manner in which both purchasers and recipients are fully informed of the product’s terms and conditions.

"The gift card market is growing rapidly, and the terms and conditions of various cards can vary widely," said Comptroller of the Currency John C. Dugan. "It’s very important that national banks engaged in this business adopt robust disclosure policies so that consumers understand what they are getting when they buy or receive a gift card."

Gift cards present special challenges because disclosures to a purchaser may not be adequate for a gift card recipient.  The OCC expects national banks that issue gift cards not only to inform purchasers about material terms and conditions, but to take appropriate steps so that critical information is likely to be available to recipients as well.

Basic information that is most essential to a gift card recipient’s decisions about when and how to use the card should be provided on the gift card itself, or on a sticker or tape affixed to the gift card.  Disclosures should generally tell consumers:

• The expiration date of the card (which should appear on the front of the card);
• The amount or the existence of any monthly maintenance, dormancy, usage or similar fees;
• How to obtain additional information about their cards or other customer service (for example, by providing a toll free number or Website address).

In addition, since the user of the gift card is generally not the person who purchased the product, issuers should provide information for card recipients and encourage purchasers to pass it on.  These disclosures could be carried in promotional packaging or inserted into an accompanying sleeve and include such information as the name of the issuing bank, any fees that may apply and what to do if the card is lost or stolen.

The OCC’s new guidance also advises national banks to avoid practices that could be misleading to consumers.  For example, issuers should not advertise a gift card with "no expiration date" if monthly service or maintenance fees, dormancy fees or similar charges can consume the card balance.  Similarly, if fees may consume the card balance before the stated expiration date, disclosures related to that expiration date should explain that possibility.  Issuers should also avoid describing gift cards as if they are gift certificates or other payment instruments more familiar to consumers, or as products that carry federal deposit insurance.

Related Links

• OCC Issues Guidance on Gift Cards