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CONCORD, N.H. (AP) -Still sitting on a stack of gift certificates from last Christmas? Don’t panic.

A change in consumer protection laws this year prevents merchants from charging so-called dormancy fees that can eat away at a gift card’s value if it isn’t used in a given amount of time.

The law already prevented companies from enforcing expiration dates on certificates worth less than $100. For gift certificates worth more than $100, consumers have five years to use them.

“We have a job to do and that’s to protect consumers,” said David Rienzo, assistant attorney general with the Consumer Protection Bureau, who praised lawmakers for enacting the dormancy regulation.

Rienzo said his office has received some complaints, but said that for the most part businesses have followed the law. Those that don’t can be fined up to $10,000 per violation.

But some businesses are not happy with the law. The state is involved in a court tussle with the owner of several malls, including the Mall of New Hampshire in Manchester and Rockingham Park Mall in Salem.

In a lawsuit filed against Simon Property Group, the state contends Simon’s gift cards violate state law because they include fees and a one-year expiration date.

The company argues that the cards are subject to federal regulation, not state, because they are issued under the Visa brand by Bank of America.

But Rienzo said the certificates are marketed and sold as gift cards available only through the malls, and will be treated as such under the law.

“From our point of view, it’s not Bank of America that’s actually selling these cards,” Rienzo said.


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