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H 8044Abuse & Fraud

Commercial Law - General Regulatory Provisions - Gift Card Fraud

This bill creates specific criminal laws and penalties for stealing, tampering with, or using fake gift cards to commit fraud.

Held for study
Population
Affected
35
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the "Gift Card Fraud" chapter of the General Laws to establish specific criminal penalties for gift card-related offenses. It introduces clear definitions for terms such as "closed-loop" and "open-loop" gift cards and "forgery." The bill makes it a crime to steal, possess without consent, or tamper with gift cards with the intent to defraud. Offenses involving values under $1,500 are punishable by fines up to $1,000 or one year in prison, while offenses exceeding $1,500, or aggregated over six months, are subject to harsher larceny penalties. It also clarifies civil penalties for retailers regarding posting requirements.

For younger readers

This law is about stopping bad guys who steal or trick people using gift cards. Sometimes criminals mess with gift cards at stores so they can steal the money put on them. This rule says that if someone steals a gift card, changes it to trick a store, or uses a stolen card to buy things, they will get in big trouble with the police. They might have to pay money as a punishment or go to jail. It helps make sure that when you buy a gift card, it is safe to use.

Who & Where It Applies

Impacted groups
ConsumersRetailersGift card issuersLaw enforcementCourts
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Protects vulnerable consumers, particularly low-income individuals and the elderly who are frequently targeted by scams, from financial loss due to predatory gift card fraud.
  • Establishes a mechanism for restitution, ensuring that victims of fraud have a legal pathway to recover their stolen funds from the perpetrators.
  • Differentiates between lower-level offenses and major felonies based on dollar value, preventing excessive felony charges for minor non-violent theft while still holding offenders accountable.
  • Expands the scope of criminalization and potential incarceration for non-violent property crimes, which contributes to the growth of the prison industrial complex.
  • Imposes fines and potential jail time that may disproportionately affect low-income offenders who may be driven to theft by economic desperation rather than malice.
  • Relies on punitive measures and traditional policing to address fraud rather than focusing on systemic solutions or corporate responsibility in securing gift card technology.
For Conservatives
  • Strengthens law and order by establishing clear, enforceable criminal penalties for a specific and growing type of retail theft and fraud.
  • Protects businesses and retailers from the financial losses and liability associated with gift card tampering and fraudulent redemptions.
  • Ensures that criminals who aggregate smaller thefts over a six-month period can be charged with a more serious crime, preventing the exploitation of loopholes in theft laws.
  • Expands the criminal code with new government definitions and regulations, potentially creating more bureaucracy in the legal system rather than simply enforcing existing theft laws.
  • Maintains a civil penalty structure for businesses regarding posting requirements, which could be viewed as an unnecessary regulatory burden on private commerce.
  • Grants the state the power to aggregate charges over a six-month period, which some might view as prosecutorial overreach depending on how broadly it is applied.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 53 additions · 9 deletions

SECTION 1. Sections 6-59-1 and 6-59-3 of the General Laws in Chapter 6-59 entitled "Gift Card Fraud" are hereby amended to read as follows: 6-59-1. Definitions. As used in this chapter,:

(1) “Cardholder” means any person to whom a physical or virtual gift card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a gift card to another person.

(2) “Card issuer” means any person that issues a gift card or the agent of that person with respect to that card.

(3) “Closed-loop gift card” means a card, code, or device that is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment; and is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants.

(4) “Forgery” means any person who, with the intent to defraud, alters or tampers with a gift card.

(5) “gift Gift card” means a written promise or electronic payment device that: (1)(i) Is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers; (2)(ii) Is issued in a specific amount; (3)(iii) May or may not be increased in value or reloaded; (4)(iv) Is purchased and/or loaded on a prepaid basis for the future purchase or delivery of any goods or services; and (5)(v) Is honored upon presentation.

(6) “Gift card redemption information” means information unique to each gift card which allows the cardholder to access, transfer, or spend the funds on that gift card.

(7) “Gift card seller” means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.

(8) “Open-loop gift card” means a card, code, or device that is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment; and is redeemable upon presentation at multiple unaffiliated merchants for goods or services within the payment card network.

(9) “Value” means the greatest amount of economic loss the owner of the property might reasonably suffer including, in the case of a gift card, the full monetary face value or potential value for variable load gift cards. 6-59-3. Penalty for violation Penalty for violation of posting requirement. Any person, firm, partnership, association, corporation, or retail mercantile establishment that violates the provisions of § 6-59-2 this chapter shall be subject to a civil penalty of up to two hundred fifty dollars ($250).

SECTION 2. Chapter 6-59 of the General Laws entitled "Gift Card Fraud" is hereby amended by adding thereto the following section: 6-59-4. Crimes involving gift cards.

(a) Any person who, with intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller, in an amount less than one thousand five hundred dollars ($1,500), is guilty of larceny and subject to a fine of up to one thousand dollars ($1,000) or by imprisonment of up to one year, plus restitution for any person or entity defrauded; or if the larceny exceeds one thousand five hundred dollars ($1,500) then subject to the penalties as provided pursuant to the provisions of § 11-41-5.

(b) Any person who, with intent to defraud, alters or tampers with a gift card is guilty of forgery and shall be subject to the penalties pursuant to the provisions of § 11-17-1.

(c) Any person who, with intent to defraud, uses, for the purpose of obtaining money, goods, services, or anything else of value, a gift card or gift card redemption information that has been obtained in violation of subsection (a) or (b) of this section in an amount in excess of one thousand five hundred dollars ($1,500) is guilty of larceny and subject to the penalties as provided pursuant to § 11-41-5.

(d) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds one thousand five hundred dollars ($1,500) in any consecutive six (6) month period, then the person shall be guilty of larceny and subject to the penalties as provided in § 11- 41-5.

SECTION 3. This act shall take effect upon passage.