Legal Question in Consumer Law in Florida

We purchased a $50 gift certificate for our daughter at her favorite local fast food restaurant. When she tried to use it the informed her that she would have to use it all at once as they do not give cash or credit back for the unused amount. Is this legal? Are gift certificated not considered the same as gift cards in this manner?


Asked on 12/30/10, 3:16 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

A gift certificate for the difference between $50 and her bill should have been issued by the restaurant. If the original gift certificate had an expiration date, then the certificate for the balance would have the same expiration date. She can take the restaurant to small claims court to enforce this. BUT she will have to produce the gift certificate or some sort of proof of what happened, who said what etc. You will want to appear as a witness, as the purchaser of the gift card.

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Answered on 1/04/11, 4:28 pm


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