US-New YorkAre gift card expiration dates allowed in New York?
No, gift cards sold in New York cannot have expiration dates, and any dormancy or service fees are prohibited unless specific exceptions apply.
What the Law Says
New York General Business Law § 638 prohibits expiration dates and certain fees on most gift cards and certificates sold in the state.
Under New York law, it is illegal for businesses to sell or issue a gift card or gift certificate that expires — meaning it must remain valid indefinitely. This applies to cards sold to consumers for personal, family, or household use.
The law also bans dormancy, inactivity, or service fees unless the card has been unused for at least five years AND the issuer complies with strict disclosure and notice requirements. Even then, fees can only be charged once per month and only if clearly disclosed in 10-point bold type on the card or packaging.
Importantly, these protections apply only to gift certificates or cards with a value of $50 or more. Certificates under $50 may be exempt from some provisions, though expiration is still generally prohibited.
Statutory TextNo gift certificate sold in this state shall contain an expiration date.
— General Business Law § 638(1) — Prohibition of expiration dates
Statutory TextNo dormancy fee, inactivity fee or service fee shall be imposed on a gift certificate… unless such fee is expressly authorized by this section.
— General Business Law § 638(2) — Fees
Statutory TextThis section shall not apply to a gift certificate having a value of less than fifty dollars.
— General Business Law § 638(5) — Exemption for under $50
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.