Prepaid, gift cards and P2P laws by state
56 bills on prepaid, gift cards and P2P in 30 jurisdictions, 18 of them enacted in 2025 and 2026. The laws come first, with what each requires, then the bills that moved most recently.
- 18 laws enacted in 2025 and 2026, in 14 states. Most: California (4), Arizona (1), Arkansas (1).
- 56 bills in 30 jurisdictions, 3 of them in Congress. Latest action 27 September 2026.
Updated 2 November 2026LawsRecent billsBy state
Enacted in 2025 and 2026
18 laws, by state. Laws enacted before 2025 are not listed.
Arizona
Enacted
SB 1351: gift cards; theft; forgery
A person must not acquire possession of a gift card or gift card information without consent of the holder, issuer, or seller, or by exploiting them, or obtain value using such information. A person must not falsely make, complete, alter, possess, or present a forged instrument, including a gift card.
Arkansas
Enacted
SB 302: To create the criminal offense of gift card fraud; and to declare an emergency.
The act creates a criminal offense of gift card fraud. A person is prohibited from obtaining gift card or gift card redemption information, or obtaining information from a card holder or card issuer, with the purpose of depriving the owner of property.
California
Enacted
SB 505: Money Transmission Act: authentication.
A licensee under the Money Transmission Act shall not allow a user login without implementing two-factor authentication, multifactor authentication, or other reasonably equivalent or more secure access control; a process for reverifying user, device, or system identity using similar authentication; and the ability for users to report errors or suspected fraud through the platform or a reasonably accessible alternative.
Takes effect 1 January 2027
Enacted
SB 1078: Gift certificates: cash redemption.
Amends Civil Code Section 51.1 to require parties in civil rights cases before California appellate courts to serve briefs on the Director of the Civil Rights Department in addition to the State Solicitor General. Also authorizes Santa Cruz County to levy a transactions and use tax up to 0.5% until December 31, 2030, subject to voter approval.
Enacted
AB 1683: Workers' compensation: prepaid cards.
An employer may deposit disability indemnity payments in a prepaid card account if the employee provides written consent. The prepaid card must allow full balance withdrawal without fees, provide reasonable ATM access, permit fee-free point-of-sale purchases, and prohibit credit links. Only specified fees are permissible.
Takes effect 1 January 2027
Enacted
SB 22: Gift certificates.
Sellers of gift certificates must not include expiration dates or service fees except as specified. Gift certificates with cash value less than fifteen dollars must be redeemable in cash for their cash value, except those donated to nonprofits or charities with a disclaimer. These requirements become operative April 1, 2026.
Took effect 1 January 2026
Congress
Enacted
S.J.Res. 28: A joint resolution disapproving the rule submitted by the Bureau of Consumer Financial Protection relating to "Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications".
Congress disapproves the Bureau of Consumer Financial Protection's final rule defining larger participants of a market for general-use digital consumer payment applications published December 10, 2024, and the rule shall have no force or effect.
Connecticut
Enacted
HB 7082: An act concerning various revisions to the money transmission statutes, state payments and investments in virtual currency and minors' money sharing application accounts.
Licensees engaging in money transmission by receiving, transmitting, storing or maintaining custody or control of virtual currency must disclose fees, pricing differentials, insurance coverage, transaction irrevocability, liability, and other specified terms before transactions and provide receipts after completion. Licensees must hold virtual currency matching amounts owed to customers and may not use or encumber customer virtual currency except at customer direction.
Took effect 1 October 2025
Florida
Enacted
SB 1198: Fraudulent Use of Gift Cards
A person is prohibited from acquiring or retaining possession of a gift card or gift card redemption information without consent of the cardholder, card issuer, or gift card seller; altering or tampering with a gift card or its packaging; devising a scheme to obtain a gift card or redemption information by false pretenses; or using a gift card or redemption information obtained in violation of these prohibitions to obtain money, goods, services, or anything of value, all with intent to defraud.
Took effect 1 October 2025
Georgia
Enacted
HB 447: Crimes and offenses; crimes of gift card theft, gift card forgery, and gift card fraud; provide
Any person is prohibited from acquiring or retaining possession of a gift card or gift card redemption information without consent with intent to defraud (gift card theft), altering or tampering with a gift card or its packaging with intent to defraud (gift card forgery), devising a scheme to obtain a gift card through false pretenses with intent to defraud (gift card fraud), or using such obtained gift cards with intent to defraud.
Kentucky
Enacted
SB 130: AN ACT relating to gift cards.
A person must not tamper with a gift card or its packaging, or possess or use a gift card known to be tampered with, with intent to defraud. A person must not take a gift card without consent of the cardholder, issuer, or merchant, or receive such a card knowing it was taken. A person must not obtain a gift card or gift card redemption information by false or fraudulent pretenses.
Louisiana
Enacted
SB 38: CRIME/PUNISHMENT: Creates the crime of theft of gift cards or gift card redemption information. (8/1/25) (EN SEE FISC NOTE GF EX)
No person shall misappropriate or take a gift card or gift card redemption information without consent of the cardholder, card issuer, or card seller. No person shall alter, tamper with, or duplicate a gift card, gift card redemption information, or gift card packaging with intent to defraud. No person shall devise or participate in a scheme to obtain a gift card or gift card redemption information by false or fraudulent pretenses.
Maryland
Enacted
HB 752: Criminal Law - Theft and Fraud Crimes - Valuation and Forgery of Gift Cards
A person may not, with the intent to defraud another, alter or tamper with a gift card or its packaging. For theft crimes, the value of a gift card is determined as the greatest of: the highest value listed on the gift card or its packaging, or $100 if no value is listed, or the value the defendant represented, or the actual loss incurred.
Took effect 1 October 2026
Nebraska
Enacted
LB 609: Adopt the Controllable Electronic Record Fraud Prevention Act, require notice of potential fraud for purchasers of gift certificates and gift cards, and change provisions relating to search warrants
Controllable electronic record kiosk operators must obtain a money transmitter license, report kiosks as authorized delegates, use blockchain analytics software to prevent fraud, employ a full-time compliance officer, maintain antifraud policies, disclose transaction terms and fraud warnings to customers, provide receipts, limit daily transactions to $2,000 for new customers and $10,500 for existing customers, cap fees at 18%, and offer live customer service Monday-Friday 7am-9pm. Sellers of gift certificates and gift cards must provide fraud notices at point of sale.
New Hampshire
Enacted
SB 258: establishing crimes related to the fraudulent use of gift cards.
New Jersey
Enacted
S 3587: Upgrades, and in some circumstances provides for extended terms of imprisonment for, certain retail theft crimes, addresses gift card fraud, and authorizes new Attorney General initiatives to address organized retail theft.*
Retail mercantile establishments must train employees on identifying and responding to gift card fraud and display notices about gift card scams. Third-party gift card resellers must record and maintain transaction information for three years. Retail establishments must use secured packaging for open- and closed-loop gift cards.
Oklahoma
Enacted
SB 1980: Crimes and punishments; creating certain offenses related to gift cards and gift certificates. Effective date.
Any person is prohibited from knowingly and willfully acquiring or retaining possession of a gift card, gift certificate, or redemption information without consent of the cardholder or issuer. Any person is prohibited from knowingly and willfully altering or tampering with a gift card, gift certificate, or their packaging. Any person is prohibited from knowingly and willfully devising a scheme to obtain redemption information by false or fraudulent pretenses.
Took effect 1 November 2026
Virginia
Enacted
SB 1371: Gift certificates; prohibits imposition of a dormancy fee, etc.
Merchants in the Commonwealth must not impose dormancy fees, inactivity charges or fees, or service fees on gift certificates, except those distributed pursuant to award, loyalty, or promotional programs with no other money or value exchanged. Gift certificates must have expiration dates no earlier than five years after issuance or last loading. Merchants must disclose expiration dates and information about value diminution through imprinted statements, telephone numbers, or Internet addresses.
Took effect 1 July 2025
Bills that moved most recently
The 25 open prepaid, gift cards and P2P bills with the latest action. The Payments and Fintech Tracker follows all 56.
Virginia HB 689: Gift certificates; amends definition, international transactions, fraud reports.
What it would do: Amends gift certificate definitions and requires merchants to implement a 24-hour hold on gift certificate activation for international transactions. Requires local law enforcement to report gift certificate fraud to the FBI's Internet Crime Complaint Center.
In committee
New York S 704: Enacts the New York gift certificate scam prevention act
What it would do: Requires merchants selling gift certificates in-person to conceal visible card numbers or use anti-tampering technology, mandates employee training on gift certificate scams, and requires third-party resellers of open loop gift certificates to record and maintain transaction details for three years.
Passed chamber
Congress S. 4601: Chinese CBDC Prohibition Act of 2026
What it would do: Prohibits money services businesses, as defined in 31 CFR 1010.100, from engaging in any transaction, directly or indirectly, involving a central bank digital currency issued by the People's Republic of China.
In committee
New York A 9557: Relates to mechanisms authorized sports bettors may utilize to fund their mobile sports wagering accounts
What it would do: Replaces the authorized payment methods for mobile sports wagering accounts with a specific list: automated clearing house transfers, wire transfers, personal checks, debit cards drawn from personal bank accounts, and in-person cash deposits at casinos, while prohibiting operators from extending credit.
In committee
Minnesota SF 4366: Unclaimed virtual currency funds and funds held for prepayment of funeral-related expenses regulation
What it would do: Defines virtual currency and establishes that it is presumed abandoned three years after the owner's last indication of interest. Requires holders to liquidate virtual currency and remit proceeds to the commissioner, and establishes abandonment timelines for prepaid funeral funds.
Passed committee
Massachusetts H 1611: An Act relative to gift card fraud
What it would do: Adds definitions and criminal penalties for gift card fraud, including larceny for acquiring gift card redemption information without consent, forgery for altering gift cards, and larceny for fraudulently using stolen gift cards, with felony charges if value exceeds $1,200 in six months.
In committee
Minnesota HF 4524: Banks and credit unions prohibited from charging a fee for electronically depositing a check.
What it would do: Prohibits state banks from charging a fee to deposit an electronic check and prohibits state credit unions from charging a fee to deposit an electronic check.
In committee
Wisconsin AB 894: Relating to: terms and conditions of gift certificates, gift cards, and other gift obligations and providing a penalty.
What it would do: Prohibits selling gift obligations with expiration dates earlier than 5 years after sale or last reload, and restricts dormancy fees to once monthly only after one year of inactivity with clear disclosure. Provides private right of action for twice the pecuniary loss or $200 per violation, plus attorney fees, and state enforcement authority.
Passed chamber
Hawaii SB 2797: Relating to consumer protection.
What it would do: Establishes gift card fraud prevention requirements for merchants and third-party resellers, including secure packaging, employee training, and transaction record-keeping; extends minimum redemption period for paper gift certificates from two to four years; creates criminal penalties for fraudulent gift card use.
Passed chamber
Florida HB 1221: Department of Financial Services
What it would do: Amends multiple Florida statutes governing the Department of Financial Services, including revisions to the My Safe Florida Home Program and Condominium Pilot Program eligibility requirements, unclaimed property procedures, insurance licensing standards, and financial management systems.
Passed committee
New Jersey S 3570: Requires availability of electronic fund transfers by health insurance carriers to reimburse covered persons.
In committee
Virginia HB 1431: Gift certificates; redeemable cash value.
What it would do: Requires Virginia merchants to disclose gift certificate expiration dates and diminishing value information via imprinted statements or contact details, prohibits dormancy and inactivity fees except for award or promotional certificates, and requires redemption of certificates with cash value under $10 for their full cash value.
In committee
New York A 9599: Requires certain stores that accept credit or debit card payment to accept flexible benefit cards as a form of payment for eligible items
What it would do: Requires retail stores that primarily sell food for off-site consumption or include a pharmacy and accept credit or debit cards to also accept flexible benefit cards for eligible items, with civil penalties of $250 for first violations and $500 for subsequent violations within 18 months.
In committee
South Carolina H 4613: Sales Tax Swipe Fee Fairness Act
What it would do: Prohibits credit card payment processors from charging swipe fees on the sales tax portion of retail transactions and requires point-of-sale systems to automatically exclude sales tax from fee calculations.
In committee
New Jersey A 1111: Requires Department of Treasury to review and approve digital payment platform.
In committee
New Jersey A 1824: Requires availability of electronic fund transfers by health insurance carriers to reimburse covered persons.
In committee
Washington HB 1744: Deterring criminal conduct involving gift cards.
What it would do: Creates new crimes for theft of gift cards, unlawful use of stolen gift cards, and gift card fraud. Establishes penalties ranging from gross misdemeanor to class B felony based on gift card value thresholds of $750 and $5,000.
In committee
New York A 5865: Relates to prepaid debit cards
In committee
Indiana SB 190: Crimes concerning gift cards.
What it would do: Establishes the offenses of gift card theft, a Class A misdemeanor (Level 6 felony if prior conviction), and gift card fraud, a Level 6 felony (Level 5 felony if prior conviction). Defines gift card, counterfeit gift card, and gift card redemption information.
In committee
Massachusetts H 1111: An Act to require financial institutions to pay late fees when it fails to conduct an electronic transfer
What it would do: Requires financial institutions to reimburse consumers or pay third parties for fines, penalties, or late charges incurred when the institution fails to process a preauthorized electronic transfer, within 5 days of discovering or being notified of the error, and allows treble damages for willful violations.
In committee
Pennsylvania SB 581: An Act amending the act of December 19, 1975 (P.L.604, No.173), entitled "An act to facilitate the use of electronic funds transfer systems by providing that credits to accounts in financial institutions designated by recipients shall satisfy legal requirements for payments by cash or checks," further providing for electronic funds transfers, for consumer protections and for payroll card accounts.
What it would do: Amends Pennsylvania's electronic funds transfer law to permit employers to pay wages solely by payroll card account if they provide employees 45 days' notice and allow employees to designate an alternative financial institution within 7 days, with restrictions on overdraft fees and requirements for free ATM withdrawals.
Passed committee
Oregon HB 3442: Relating to payment facilitation; prescribing an effective date.
What it would do: Amends ORS 717.210 to add a new exemption from money transmission licensing requirements for persons who facilitate payments through a licensee or regulated financial institution without engaging in money transmission themselves, if payment satisfies the payor's obligation to the payee.
In committee
New York S 5500: Relates to peer-to-peer mobile payment service security
What it would do: Requires peer-to-peer mobile payment services to implement security measures including a minimum four-digit personal identification code, biometric authentication options, monetary transfer limits, and additional verification for suspicious transactions. Services that do not comply are prohibited from operating in New York.
Passed chamber
Delaware HB 45: An act to amend title 6 of the delaware code relating to sales of firearms, firearm accessories, and ammunition.
What it would do: Requires payment card networks to make available the merchant category code for firearms and ammunition businesses to merchant acquirers by July 1, 2025, and requires merchant acquirers to assign this code to firearms merchants by October 1, 2025. Authorizes the Department of Justice to enforce violations with civil fines of $10,000 per violation, injunctive relief, and attorneys' fees.
Passed committee
Pennsylvania HB 1067: An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, providing for notice of gift card scams; and imposing penalties.
What it would do: Requires retailers to display notices warning purchasers about gift card scams, train employees on identifying fraud, and require photo identification at purchase. Imposes civil penalties of up to $500 for second violations and up to $1,000 for third or subsequent violations.
Passed committee
Prepaid, gift cards and P2P laws, state by state
- New Jersey6 bills, 1 enacted
- New York5 bills
- California4 bills, 4 enacted
- Virginia4 bills, 1 enacted
- Florida3 bills, 1 enacted
- Congress3 bills, 1 enacted
- Georgia2 bills, 1 enacted
- Indiana2 bills
- Massachusetts2 bills
- Minnesota2 bills
- Pennsylvania2 bills
- South Carolina2 bills
- Texas2 bills
- Arkansas1 bill, 1 enacted
- Arizona1 bill, 1 enacted
- Connecticut1 bill, 1 enacted
- Delaware1 bill
- Hawaii1 bill
- Iowa1 bill
- Kentucky1 bill, 1 enacted
- Louisiana1 bill, 1 enacted
- Maryland1 bill, 1 enacted
- Nebraska1 bill, 1 enacted
- New Hampshire1 bill, 1 enacted
- Nevada1 bill
- Oklahoma1 bill, 1 enacted
- Oregon1 bill
- Rhode Island1 bill
- Washington1 bill
- Wisconsin1 bill
Questions
Which states have prepaid, gift cards and P2P laws?
States that enacted prepaid, gift cards and P2P laws in 2025 and 2026: California (4), Arizona (1), Arkansas (1), Connecticut (1), Florida (1), Georgia (1), Kentucky (1), Louisiana (1), Maryland (1), Nebraska (1), New Hampshire (1), New Jersey (1), Oklahoma (1) and Virginia (1). Laws enacted before 2025 are not listed here.
Which states have the most prepaid, gift cards and P2P bills?
New Jersey (6), New York (5), California (4), Virginia (4) and Florida (3). In all, 56 bills in 30 jurisdictions, the latest action on 27 September 2026.
What do prepaid, gift cards and P2P bills cover?
Prepaid accounts, gift card and gift certificate terms, fees and expiration, unclaimed gift card balances, peer-to-peer payment apps, digital wallets, electronic fund transfers, and payment processors, payment facilitators and merchant acquirers. Each enacted law above has a line on what it requires.
Is this legal advice?
No. Which bills count as prepaid, gift cards and P2P bills, and the line on what each law requires or each bill would do, are drafted by software and not reviewed by an attorney. Every bill links to the legislature’s own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Follow prepaid, gift cards and P2P bills in every state
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