10-1-310. Definitions; record keeping; offenses; cooperation with law enforcement.

As used in this article, the term:#

1. (1)

   “Corporate authorized reseller” means any person or entity authorized by the corporate issuer or a corporate issuer agent to sell the stored value cards of a corporate issuer.#

2. (2)

   “Corporate issuer” means a company that issues or contracts with an affiliate or third party to issue stored value cards that may be used by the cardholder to purchase goods or services at the retail locations of the corporate issuer or its affiliates or online from the corporate issuer or its affiliates.#

3. (3)

   “Corporate issuer agent” means a third party authorized by the corporate issuer to facilitate the sale of its stored value cards by corporate authorized resellers.#

4. (4)

   “Stored value card” means any “gift certificate” or “store gift card,” as such terms are defined in subparagraph (b)(33)(B) of Code Section 10-1-393, issued with or without a fee for the use of the cardholder to obtain money, goods, services, or anything else of value. The term shall not include a “general use gift card” as such term is defined in subparagraph (b)(33)(B) of Code Section 10-1-393, demand deposit account, share draft account, savings account, prepaid debit card, or any card sold by a financial institution or access device associated therewith.#

5. (5)

   “Third-party card” means a stored value card for which the merchant buying or selling the card is neither the corporate issuer, a corporate issuer agent, nor a corporate authorized reseller.#

6. (6)

   “Third-party card dealer” means a merchant in the business of buying and selling third-party cards.#

When a third-party card dealer makes a sale or purchase of a stored value card, including any transaction that occurs in this state, such third-party card dealer shall record the information provided for in subsection (c) of this Code section and maintain a copy of such record for at least three years.#

Third-party card dealers shall maintain a permanent record in which shall be entered in legible English at the time of each purchase of a third-party card:#

1. (1)

   The date of the transaction;#

2. (2)

   The name of the person conducting the transaction;#

3. (3)

   The name, age, and address of the seller and the distinctive number from the customer’s driver’s license or other similar identification card;#

4. (4)

   An identification of the purchased stored value card, including the retailer for which the stored value card is intended and the stored value card number;#

5. (5)

   The amount of stored value on the stored value card;#

6. (6)

   The price paid; and#

7. (7)

   The signature of the customer.#

Entries shall appear in ink or be logged into a secure data base, software system, or other technology platform and shall be in chronological order. No obliterations, alterations, or erasures may be made. If handwritten corrections are made, such corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The permanent record shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time.#

Any third-party card dealer and any clerk, agent, or employee of such third-party card dealer who knowingly:#

1. (1)

   Fails to make an entry of any material matter in his or her permanent record;#

2. (2)

   Makes any false entry therein;#

3. (3)

   Falsifies, obliterates, destroys, or removes from his or her place of business such permanent record;#

4. (4)

   Refuses to allow any duly authorized law enforcement officer who is certified by the Georgia Peace Officer Standards and Training Council, or who is a federal officer, to inspect his or her permanent record or any stored value cards in his or her possession during the ordinary hours of business or at any reasonable time; or#

5. (5)

   Fails to maintain a record of each stored value card transaction for at least three years#

6. shall be guilty of a misdemeanor.

Upon filing an official report to a law enforcement agency of competent jurisdiction by any person alleging to be a victim of theft of one or more stored value cards with an aggregate value exceeding $500.00, such law enforcement agency may request that the issuer or its agents preserve and provide to law enforcement all relevant evidence reasonably foreseeable to assist in future criminal actions in accordance with the laws of evidence in criminal proceedings.#