Virginia Code Title 59.1. Trade and Commerce § 59.1-530. Definitions

As used in this chapter, unless the context clearly requires otherwise:

“Dormancy fee” or “inactivity charge or fee” means any fee, charge, or penalty for non-use or inactivity of a gift certificate.

“General use prepaid card” means a card or other payment code or device issued by any person that is (i) redeemable at multiple, unaffiliated merchants or service providers, or automated teller machines;  (ii) issued in a requested amount, whether or not that amount may, at the option of the issuer, be increased in value or reloaded if requested by the holder;  (iii) purchased or loaded on a prepaid basis;  and (iv) honored, upon presentation, by merchants for goods or services or at automated teller machines.

“Gift certificate” or “certificate” means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, services, credit, or money of at least an equal value, including any electronic card issued by a merchant with a banked dollar value where the issuer has received payment for the full banked dollar value for the future purchase, or delivery, of goods or services and any certificate issued by a merchant where the issuer has received payment for the full face value of the certificate for future purchases, or delivery, of goods or services.  “Gift certificate” includes general use prepaid cards.

“Merchant” means an owner or operator of any mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator.

“Service fee” means a periodic fee, charge, or penalty for holding or using a gift certificate.  With respect to a general use prepaid card, “service fee” does not include a one-time initial issuance fee.