More states are cracking down on gift card scams. In 2025 alone, 22 states have introduced legislation targeting gift card fraud—up from just eight in 2024. While most proposals focus on enhancing criminal penalties, many also place new responsibilities on merchants that sell prepaid cards.
Over the past five years, six states have enacted merchant-specific requirements related to prepaid cards, according to a study from the National Conference of State Legislatures. Among retail-focused laws, the most common mandate is the posting of clear, visible notices warning consumers about potential gift card fraud. Two states—Maryland and New Jersey—have gone further, adding requirements around packaging, record-keeping, and employee training.
Fighting Gift Card Traffickers
More widespread, however, has been the push to increase penalties for fraud. Some 25 bills have been proposed in this category, with six states enacting new laws. Many impose harsher penalties on criminals considered traffickers of scam-related gift cards.
Texas, for example, now sets penalties based on the number of unactivated or counterfeit gift cards in an individual’s possession. Possessing fewer than five cards constitutes a state jail felony, while holding more than 50 counterfeit cards rises to a first-degree felony. Arkansas defines scams involving gift cards with an aggregate value under $1,000 as a Class A misdemeanor, while schemes exceeding $25,000 qualify as a Class B felony.
“Associating criminal offenses to the perpetrators of gift card theft and fraud is a positive move forward,” said Jordan Hirschfield, Director of Prepaid at Javelin Strategy & Research. “It penalizes their acts without placing burdens on retailers, their associates, or the buyers. Regulations forcing better packaging and signage are generally a positive but can become burdensome or discourage sales if the language stated is not reflective of the actual problems.”
Concerns Over Cash-Out Laws
According to Hirschfield, the most consequential trend for the industry is the growing wave of cash-out laws, which allow consumers to redeem gift cards for cash when the remaining balance falls under a certain amount. At least 15 states have passed such measures, with California setting the highest threshold at $15.
“These regulations are promoted to help the consumer, but without the foresight into the negative consequences,” Hirschfield said. “While California’s $15 cash out law was promoted as a protection to allow consumers to not surrender unredeemed value, bad actors can easily take advantage of the higher limit to more easily convert gift cards into cash.”
Javelin is currently researching the impact of these cash out regulations as part of its annual prepaid consumer sentiment survey, which is scheduled for release this summer.
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