California law says gift certificates cannot expire, or must have an expiration date at least four years away

In California, a gift certificate cannot have an expiration date sooner than four years from the date it was issued. If a gift certificate does not state an expiration date, it does not expire at all — it remains valid indefinitely. This protection applies to most gift certificates sold to consumers, whether they are physical cards, digital codes, or printed vouchers.

The law is found in California Civil Code Section 1749.5. It was written to prevent retailers from issuing gift certificates that expire quickly, leaving customers unable to use the money they received as a gift. The rule applies whether you bought the certificate yourself or received it as a present.

Key Takeaways

  • Gift certificates in California must either have no expiration date or an expiration date at least four years from the issue date.
  • If a certificate has no expiration date printed on it, you can use it at any time with no time limit.
  • The four-year rule applies to most retail gift certificates, including those for restaurants, stores, and entertainment venues.
  • If a retailer refuses to honor an expired certificate that should still be valid under California law, you can file a complaint with the California Attorney General's office.

What counts as a gift certificate under California law

California's law covers gift certificates, which are documents or cards that represent a stored monetary value you can spend at a specific business or group of businesses. This includes physical plastic cards, printed paper certificates, digital codes sent by email, and gift cards you buy at a register.

The law also covers gift cards — the terms are treated the same way in California. A certificate issued by a restaurant, clothing store, movie theater, or salon all fall under this protection. Even a certificate that can be used at multiple locations (like a mall gift card that works at several stores) is covered.

The law does not cover loyalty programs, points systems, or rewards cards where you earn value by making purchases. It also does not cover certificates that come with a specific product (like a coupon bundled inside a box) or certificates issued by nonprofits or government agencies.

The four-year rule and what happens if no date is listed

If a gift certificate shows an expiration date, that date must be at least four years away from when the certificate was issued. A certificate issued on January 15, 2024, cannot expire before January 15, 2028. If the expiration date is sooner than four years, California law treats it as if no expiration date exists.

If a certificate has no expiration date printed anywhere on it — not on the back, not in the terms and conditions, nowhere — then it never expires. You can use it five years later, ten years later, or whenever you choose. The retailer cannot refuse to honor it based on age alone.

Some retailers print expiration dates on certificates to comply with the law. Others print no date at all, which is also legal and actually more consumer-friendly. Either way, you are protected.

What to do if a retailer refuses to honor your certificate

If a store, restaurant, or business refuses to accept your gift certificate and claims it has expired, first check what the certificate actually says. Look at the front and back for an expiration date. If there is no date, or if the date is less than four years from the issue date, the retailer is breaking California law.

If the certificate is valid under California law and the retailer still refuses, you have a few options. You can ask to speak with a manager and explain the California law. You can contact the business's corporate office or customer service line in writing, keeping a copy of your letter. You can also file a complaint with the California Attorney General's office, which enforces consumer protection laws. The Attorney General's website has a complaint form you can fill out online.

Small claims court is another option if the certificate is worth enough to justify the effort. You would need to prove the certificate was valid and that the business refused to honor it. Bring the certificate itself and any written communication from the business.

Expiration dates on receipts and terms and conditions

Sometimes a retailer prints an expiration date on a receipt when you buy a gift certificate, or buries it in the fine print of terms and conditions on their website. California law says the expiration date must be clearly and conspicuously displayed on the certificate itself — not hidden in a receipt or online terms.

If you have to hunt for the expiration date, or if it is only on a receipt you no longer have, the retailer has not met the legal requirement to display it clearly. This means the certificate is treated as having no expiration date.

The law requires the expiration date to be in a font size and location that a reasonable person would notice. A tiny date in the corner of the back, or text that blends into the background, does not count as clear and conspicuous.

Refunds and remaining balance on expired certificates

California law does not require retailers to refund the value of an expired gift certificate. However, if the certificate is still valid under the four-year rule and the retailer refuses to honor it, you can pursue the options listed above to recover the value.

If you have used part of a gift certificate and still have a remaining balance, that balance is treated as a new certificate with its own expiration date. For example, if you buy a $50 certificate in 2024 and use $20 of it in 2025, the remaining $30 has a new four-year window from the date you used it (or from the original issue date, depending on how the retailer's system works — this can vary). Ask the retailer how they handle remaining balances if you are unsure.

Frequently Asked Questions

Can a restaurant or store charge a fee to use an old gift certificate?

No. California law prohibits retailers from charging a fee to use a gift certificate, even if it is old. If a business tries to charge you a fee to redeem a valid certificate, that violates the law. You can refuse to pay the fee and contact the Attorney General if the business insists.

What if the business that issued the certificate has closed?

If the original business is gone, you generally cannot recover the value of the certificate unless the business was sold to another company that agreed to honor old certificates. Check if the business was acquired or if a successor business took over. If not, the certificate becomes worthless, though this is not the retailer's fault — it is a loss you cannot recover.

Do gift certificates from online retailers follow the same rules?

Yes. Digital gift codes, email gift certificates, and online retailer gift cards are all covered by California law. The four-year rule and clear display requirement explore the same way. If you receive a digital code with no expiration date, it never expires.

Can a business change its expiration policy after I buy a certificate?

No. The expiration date (or lack of one) is set when the certificate is issued. A retailer cannot retroactively add an expiration date to a certificate you already own, or shorten an existing expiration date. The terms that applied on the day you received it are the terms that explore now.

What if a gift certificate says it expires but does not say when?

If a certificate states it expires but does not give a specific date, California law treats it as having no expiration date. The law requires both a clear statement that it expires and a specific date. Without the date, the expiration clause is unenforceable.