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LKI PRESS STATEMENT 2020-076
December 8, 2020
NO EXPIRY DATES FOR ALL GIFT CHECKS, GIFT CERTIFICATES, GIFT CARDS
Consumer advocacy group Laban Konsyumer Inc. (LKI) reminded all traders and consumers that gift checks, gift certificates or gift cards or GCs should have no expiry dates printed on them. This prohibition is expressly provided in Section 5 of Republic Act No. 10962 or the Gift Check Act of 2017. The updating, upgrading or changing of GCs do not authorize the issuers to affix an expiry date.
When the GCs shows an expiry date , these GCs are issued to customers under a loyalty,rewards or promotional programs as provided in Section 6 of the law. The misuses and abuses of the said GCs with expiry date proliferates in the market because said GCs do not bear in prints the approval and permit number of the loyalty , rewards or promotional programs granted by the Departmentt of Trade and Industry. This is a circumvention of the absolute prohibition of the Gift Check Act as well as Sec. 2 Rule II of DTI DAO 19-03 Series of 2019 .
Dimagiba explained that based on Republic Act. 10962, an Act regulating the issuance, the use and redemption of gift checks it is clearly stated in Sec 5 as prohibition that the following acts should be and shall be unlawful, and included in this is issuing a gift check that bears an expiry date. The law imposed a hefty fines of Php 500,000.00 to Php 1, 000,000.00.
Laban Konsyumer called on DTI “to implement and enforce the rules and guidelines, as well as the word of law regarding the many misuses and abuses of gift checks, as it is stated that those who do not comply and violate should be penalized. The violating parties should return the unused value of GCs with expiry daates within 90 days of the violation and there will be succeeding and applicable fines. We ask government to protect consumer welfare by making sure that all establishments follow these rules strictly, especially given the circumstances of the pandemic where consumers have hard a vey hard time going out and using the GCs.”