Mont. Code Ann. § 30-14-108

Termination of gift certificate prohibited -- fee limitation -- redemption -- posting required

Known as the Montana Unfair Trade Practices and Consumer Protection Act

The act spans §§ 30–30 (42 sections).

Applied in 1 court decision — leading case Lonner v. Simon Property Group, Inc. (2008)

Most recently applied in Lonner v. Simon Property Group, Inc. (October 2008)

(1) A gift certificate is valid until redemption and does not terminate. A gift certificate is considered trust property of the possessor if the issuer or seller of the gift certificate declares bankruptcy after issuing or selling the gift certificate.

(2) The value represented by the gift certificate belongs to the possessor and not to the issuer or seller. An issuer or seller may redeem a gift certificate presented by an individual whose name does not match the name on the gift certificate.

(3) A gift certificate may not be reduced in value by any fee, including a dormancy fee applied if a certificate is not used.

(4) If the original value of the gift certificate was more than $5 and the remaining value is less than $5 and the possessor requests cash for the remainder, the issuer or seller shall redeem the gift certificate for cash.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.