Gift cards risky in tough times

Business closures have left Valley cardholders with worthless plastic. What's a shopper to do?

BY BRENDA GUTIERREZ - bgutierrez@idahostatesman.com

Published: 11/15/08


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ADDITIONAL INFORMATION

HOW TO UNLOAD A GIFT CARD BEFORE IT BECOMES WORTHLESS

Did you get a gift card for a business that you don't plan to use? Or fear the company is close to financial ruin?

Unload it at PlasticJungle.com - an online gift card exchange.

"We do tend to see more activity among gift cards for 'at-risk' retailers, plus we will purchase some of those gift cards directly from consumers if they prefer," said Marc Gendron, the company's vice president of marketing and communications.

At Plastic Jungle, consumers can buy gift cards at substantial savings, sell them for cash, or trade pre-owned gift cards for others.

"We also have plenty of shoppers looking to build in discounts for planned purchases," Gendron said. "For example, we have one woman from Florida who buys an average of 40 gift cards a month."

Gendron said this holiday will most likely be the busiest for Plastic Jungle given the National Retail Federation's recent study that gift cards will once again be the most requested gift this holiday season.

"The best thing to do with gift cards is to use them quickly. And if people don't think they'll use them, then Plastic Jungle is a great alternative, rather than risk losing the entire balance of the card," Gendron said.

ARE GIFT CARD HOLDERS PROTECTED?

In September, a coalition of organizations asked the Federal Trade Commission to protect shoppers from losing money on gift cards when retailers file for bankruptcy protection.

It said retailers should be required to place money from gift card sales in a trust account that would be used to honor the cards if the merchants continued operations under protection of the Bankruptcy Court. Consumers Union, Consumers Federation of America, National Consumer Law Center and the advocacy group U.S. PIRG support the proposal.

FTC spokesman Mitchell J. Katz said the agency had received the petition "and we are determining what our response will be."

Unless the federal government steps in and regulates the industry, shoppers will lose the value of their gift cards when a merchant files for bankruptcy.

The company can petition the court to allow it to continue to accept its gift cards, but the bankruptcy judge has the option to reject such a petition, which would leave the cards worthless. In those instances the only recourse for shoppers is to file a claim along with other creditors.

In cases in which a company is reorganized or sold and remains a continuing business, most owners will receive court authority to honor the cards as a way to maintain goodwill with consumers and drive customer traffic, said Marty Zohn, a bankruptcy attorney in Los Angeles.

But when the stores are closed, shoppers will be out of luck in most cases, he said.

Consumers Union is recommending that people avoid giving gift cards this Christmas season.

"If you don't know what gift to buy, just give cash," Anthony Giorgianni, associate editor of Consumer Reports, said. "It's something that never expires."

Los Angeles Times

Gift cards are often a great idea for hard-to-shop-for friends and relatives, particularly during the holiday frenzy.

But after some Treasure Valley restaurants and national retail stores closed their doors recently, people have expressed frustration in trying to figure out what to do with their unused cards and may be thinking twice about giving them as gifts this year.

Franco Latino in Eagle closed in October, and 8th Street Wine Co. in Boise closed in August, leaving patrons with worthless gift cards.

"I am holding on to a $50 gift certificate for Franco Latino. I haven't even tried calling them. Figured I would not get ahold of anyone," said Carly J. Latimore.

Before the spate of closures, gift cards had become a booming way to do business.

Nationwide, shoppers spent an estimated $26.3 billion on gift cards at retailers last Christmas season, compared with $24.8 billion in 2006 and $18.5 billion in 2005, according to the National Retail Federation.

Already some big national retailers, including Sharper Image and Bombay Co., have filed for bankruptcy protection, leaving gift card holders with millions of dollars of what the Bankruptcy Court considers unsecured debt. Both chains have since closed.

Circuit City, which closed stores across the country and started bankruptcy proceedings this month, said it would still accept gift cards at its remaining stores - including the one in Boise. Some consumer groups have gone so far as to warn people against shopping at the threatened stores at all.

"Consumers need to think twice about buying anything at Circuit City, given that it may or may not be around in coming months," said Greg Daugherty, executive editor at Consumer Reports. "We wish them well, but, as a consumer, it's probably not worth taking the risk."

Most electronic products sold at Circuit City and other stores are backed by manufacturers' warranties. Circuit City said it would continue to accept returns as before and to honor its add-on warranties, which were secured by third-party financial institutions.

Consumers Union said Sharper Image left an estimated $20 million on unused gift cards and maybe as much as $40 million when merchandise certificates and related promotional cards were included.

At first Sharper Image said it would not honor the credits. Later, it successfully petitioned the Bankruptcy Court to allow it to accept gift cards if consumers spent twice the value of the card on a single transaction.

"That wasn't such a good deal, and who knows if anybody used their cards that way," said Anthony Giorgianni, associate editor of Consumer Reports, which is published by Consumers Union.

In August, home-furnishing retailer Bombay Co., which closed 388 stores, including the one at Boise Towne Square, won approval from a U.S. bankruptcy judge to pay off gift card holders 25 cents on the dollar.

Meanwhile, some Treasure Valley gift card holders have tried contacting company owners, but have yet to recieve a reply. And previously listed phone numbers, e-mail addresses and Web sites often lead nowhere.

"My husband received an 8th Street Wine Co. gift card for his birthday, purchased two days before the doors closed," said Heather Price. "An e-mail to them has been unanswered."

Owners of both restaurants have left town, and Statesman attempts to reach them since have been unsuccessful.

Alan Dettman, security and event staffing manager at the Knitting Factory Concert House in Boise, thought gift cards to 8th Street Wine Co. would make great gifts, until the restaurant closed in August.

"I am left with a $50 gift card from the 8th Street Wine Co. and nowhere to use it. This is frustrating, and I gave out $150 worth of them as presents last year," Dettman said.

Dettman said that when he bought the gift cards, he wasn't worried about his purchase.

"I work across the street from them and saw no signs of trouble or slowing in business - I thought," Dettman said. "I am leery of gift cards and not only the businesses going under and nowhere to use them, but the service fees many businesses charge. I had one that I didn't use for four months, and in the third month, they charged me fees retroactive to the start date. It used up half of my balance on the card."

Some businesses have offered reimbursements for unused gift cards, such as Zutto Japanese Restaurant, which closed Oct. 14 after 11 years in Boise, citing the struggling economy as a chief cause. The restaurant has said if patrons have a gift certificate, they should call 850-8208, but Statesman calls to that number haven't been returned.

Around the country, gift card holders could lose more than $75 million just from store and restaurant closings in 2008, said Brian Riley, senior analyst at Tower Group, a consulting company.

"The only way that number will change is up," Riley said.

A couple of local options let gift card buyers hedge their bets. The Boise Towne Square mall offers cards good at stores there - and it doesn't go through the mall's parent company, which is facing its own financial trouble.

The Downtown Boise Association gift card can be used for shopping, dining, entertainment and even parking garages.

"The really neat thing about our card is that it can be used at over 250 locations. So we have actually seen an increase in sales," said Karen Sander, executive director of the DBA. "The variety is the selling point on it. It's a great advantage."

"This is the time of year when we sell the most. And we typically see a 14 to 15 percent increase in sales year over year," Sander said. "The variety keeps expanding, and if you're looking for a gift for that somebody who is hard to buy for, it's very versatile."

Jerry Hirsch of the Los Angeles Times contributed to this report.

Brenda Gutierrez: 377-6440

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