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US gift card rules for distributors: CARD Act, Regulation E, FinCEN and state laws side by side

Official-text comparison: checked October 2026

Byline: WG Cards Editorial Team

About this page: The WG Cards Editorial Team compiled this comparison from public statutes and regulatory materials. Every quotation from a statute or regulation links to its official source. This page is not legal advice.

Last updated:

Our reading: For B2B distributors, resellers, retailers and aggregators, these provisions provide separate points to check with counsel about product terms, disclosures, prepaid-access roles and records—not a conclusion about any company’s status.

Which US gift card rules should a distributor check?

Short answer. Our reading: Check these provisions separately with counsel: federal 15 U.S.C. 1693l-1 / Regulation E, FinCEN prepaid access, California Civil Code 1749.5 and New York GBL 396-i. This comparison is not a conclusion about any company’s status.

Key points

  • Our reading: Review product scope before applying a rule; a gaming card, digital code or other gift product needs assessment against the relevant definitions and exclusions.
  • Our reading: Federal expiration and fee provisions should not substitute for reviewing the collected California and New York requirements.
  • Our reading: FinCEN seller and provider classifications require separate analysis of loading, identification, transaction values and program responsibilities.
  • Our reading: Review AML, registration and recordkeeping separately; an exception from registration should not be treated as an exception from every other obligation.

Side-by-side comparison

Each quotation is a short excerpt, not the complete provision. Linked citations identify the official URLs under Sources. Every row was checked on 2026-10-19 at 09:43, Dubai time (UTC+4).

Federal section 15 U.S.C. 1693l-1 was added by Pub. L. 111–24, title IV, §401(2) (May 22, 2009), which “may be cited as” the “Credit CARD Act of 2009” — Pub. L. 111–24, Sec. 1(a); the US Code source note reads: “(Pub. L. 90–321, title IX, §915, as added Pub. L. 111–24, title IV, §401(2), May 22, 2009, 123 Stat. 1751; amended Pub. L. 111–203, title X, §1084(1), July 21, 2010, 124 Stat. 2081.)” — 15 U.S.C. 1693l-1, 2023 edition.

Topic and check timeFederal: 15 U.S.C. 1693l-1 / Regulation EFinCEN prepaid accessCalifornia: Civil Code 1749.5New York: GBL 396-i
Expiration — 2026-10-19, 09:43 UTC+4“not earlier than 5 years” — §1693l-1(c)(2)(A). Underlying funds: “at least the later of” the specified dates — §1005.20(e)(2).Not addressed in the collected text“It is unlawful” … “An expiration date.” — §1749.5(a)(1); exceptions in (e).“not earlier than the later of nine years after the date on which the gift certificate was issued, or the date on which funds were last loaded” — §396-i(5-a).
Dormancy, inactivity and service fees — 2026-10-19, 09:43 UTC+4“no activity” in the “12-month period”; “not more than one fee” in a month — §1693l-1(b)(2). “Not more than one dormancy, inactivity, or service fee” per calendar month — §1005.20(d)(3).Not addressed in the collected text“A service fee, including, but not limited to, a service fee for dormancy, except as provided in subdivision (f).” — §1749.5(a)(2).“any other fee of any kind”; open-loop exception: “an initial one-time activation or issuance fee” — §396-i(5)(a).
Required disclosures — 2026-10-19, 09:43 UTC+4“clear and conspicuous”; “Before” purchase; “on the certificate or card” — §1005.20(c)(1), (3)–(4); fee notice also in §1693l-1(b)(3).Not addressed in the collected textDormancy statement: “at least 10-point font”; “visible to any purchaser prior to the purchase thereof” — §1749.5(f)(5).“TERMS AND CONDITIONS ARE APPLIED TO GIFT CERTIFICATES/GIFT CARDS”; notice that “cautions the purchaser about prepaid card scams” — §396-i(2-a), (2-b).
Cash redemption — 2026-10-19, 09:43 UTC+4Not addressed in the collected textNot addressed in the collected text“less than fifteen dollars ($15) is redeemable in cash for its cash value” — §1749.5(b)(2); exception in (c).“less than five dollars may be redeemed upon request for its cash value” — §396-i(5-b); excludes open-loop and promotional certificates.
Exclusions and scope — 2026-10-19, 09:43 UTC+4“Reloadable and not marketed or labeled as a gift card or gift certificate”; “Not marketed to the general public” — §1005.20(b); also §1693l-1(a)(2)(D).Closed-loop exclusion: “not to exceed $2,000 maximum value”; provider: “principal oversight and control” — §1010.100(ff)(4). Definitions also in (ff)(7), (ww), (kkk).“This section does not apply” to specified certificates, subject to conditions — §1749.5(e).“gift certificate”; “open loop gift certificate”; “promotional gift certificate” — §396-i(1)(a); exclusions in (1)(b).
AML, registration and recordkeeping — 2026-10-19, 09:43 UTC+4Not addressed in the collected text“an effective anti-money laundering program” — §1022.210(a). “Each provider of prepaid access must identify each prepaid program” — §1022.380(a)(1). “transactional records for a period of five years” — §1022.420.Not addressed in the collected textNot addressed in the collected text

Massachusetts — M.G.L. c.200A §5D: not collected.

What a distributor should check

1. Classify the product and its route to market

Our reading:

  • Check: Ask counsel to assess each product’s redemption network, reloadability, marketing and consumer-facing format.
  • Scope: Regulation E includes cards and codes, but also exclusions; B2B distribution alone should not be used to resolve the product’s treatment.
  • Gaming products: Check the actual redemption terms rather than relying on the category label.
  • Compare: §1005.20(a)–(b), §1693l-1(a) and §396-i(1).

2. Separate card expiration from underlying-funds expiration

Our reading:

  • Action: Check both dates and the process for replacing an expired card while funds remain available.
  • Federal: Regulation E addresses a reasonable opportunity to purchase a card with at least five years remaining, the underlying-funds expiration calculation, replacement disclosures and replacement charges.
  • Action: Compare those provisions with California’s prohibition and exceptions, and New York’s nine-year wording and exceptions.
  • See: §1005.20(e), §1749.5(a), (e) and §396-i(3-b), (5-a).

3. Review every fee and its conditions

Our reading:

  • Action: Check the fee type, trigger, frequency and disclosure—not just its name.
  • Fee conditions: Federal inactivity-based fees have inactivity, disclosure and monthly-frequency conditions.
  • Dormancy exception: California’s dormancy exception requires all listed criteria: a balance of $5 or less, a fee no greater than $1 monthly, 24 consecutive inactive months, reloadability and the specified statement.
  • Open-loop exception: New York’s open-loop exception requires a cost-related initial fee capped at $9.
  • See: §1005.20(d), (f), §1749.5(f) and §396-i(5).

4. Inspect the consumer-facing disclosure materials

Our reading:

  • Check: Obtain the card or code presentation, accompanying terms and purchase-flow disclosures for counsel’s review.
  • Federal: Regulation E distinguishes information required on the card from information allowed on or with it; packaging alone does not satisfy its on-card requirements.
  • Disclosures: New York separately addresses notices, permitted placement of terms and scam warnings.
  • See: §1005.20(c), (f) and §396-i(2-a), (2-b), (3), (3-a).

5. Confirm cash-redemption handling and exceptions

Our reading:

  • Check: Ask how applicable redemption requests reach the responsible party.
  • Cash redemption: California’s collected text uses a cash value below $15 and includes a donated-certificate exception with disclaimer conditions.
  • Redemption scope: New York uses a remaining value below $5 and excludes open-loop and promotional certificates.
  • Related provisions: California also addresses cash redemption or replacement more generally.
  • See: §1749.5(b)–(c), (i) and §396-i(5-b).

6. Map the potential FinCEN seller and provider roles

Our reading:

  • Check: Identify who receives funds for initial or subsequent loading, whether access can be used before identification verification, and whether sales exceed $10,000 to one person in one day without reasonably adapted prevention policies.
  • Document: Separately document program oversight and the designated information conduit.
  • Scope: The $2,000 closed-loop program exclusion should not replace analysis of the seller definition, which expressly includes closed-loop access.
  • See: §1010.100(ff)(4), (ff)(7), (ww), (kkk).

7. Determine applicable AML, registration and record duties

Our reading:

  • Check: Ask counsel to evaluate each obligation independently.
  • Registration: Section 1022.380 contains seller and agent registration exceptions.
  • AML: Section 1022.210 addresses written AML programs, identification, training, designated responsibility and independent review.
  • Records: Identification retention runs for five years after last use for providers and five years from sale for sellers; §1022.420 separately requires providers’ access to transaction records for five years.
  • See: §1022.210, §1022.380 and §1022.420.

Limitations

This article is not legal advice. It covers only the specified collected provisions; the state-law list is not exhaustive.

The federal statute text is the govinfo 2023 edition of the US Code. The eCFR text is current as of 2026-10-15. Subsequent changes: not collected. “Not addressed in the collected text” does not establish the absence of requirements elsewhere.

Sources

L1–L8 all checked 2026-10-19, 09:43 Dubai (UTC+4); Regulation E was fetched via the eCFR API.

Date & update log

  • Last updated: 19 Oct 2026
  • 2026-10-19: Source-check date; comparison based on the supplied official-text collection.
  • Publication date and subsequent updates: not collected.

For retailers sourcing gift cards, see WG Cards’ ecommerce and retail page.

Key takeaways

  1. Our reading: Federal dormancy, inactivity and service fees are subject to a 12-month inactivity condition. — §1693l-1(b)(2)
  2. Our reading: Check state cash-redemption thresholds separately: California uses a cash value below $15, while New York uses a remaining value below $5. — §1749.5(b)(2) and §396-i(5-b)
  3. Our reading: A provider records check should confirm access to transaction records for five years. — §1022.420