Q: I received a gift certificate as a Christmas gift and it's not being honored
When I went to redeem a $50 gift certificate, I was told that management is no longer taking paper gift certificates. When I showed them the state law that said they had to take them otherwise they were breaking the law, they said we don't care. Then at one point they said they'd give me half of the face value. The management at pasta primavera in Walnut Creek is completely corrupt and just pocketing money from well intentioned people who buy gift certificates for friends and family. There needs to be accountability for their flagrant stealing of money from patrons
A: Sorry for your issues. You will cost them more than the amount of the certificate if you take them to small claims court. The time alone is too much for them and if they have to hire counsel (lawyers can be expensive and a corporation cannot represent itself in court) it will cost them more still. Good luck with it...
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A:
I'm sorry to hear about your frustrating experience with the gift certificate not being honored. Based on the information you provided, it does seem that the restaurant may be violating California law regarding gift certificates. Here are a few key points about gift certificates under California law:
1. Gift certificates sold after January 1, 1997, are redeemable in cash for their cash value, or subject to replacement with a new gift certificate at no cost to the purchaser or holder. (California Civil Code Section 1749.5)
2. Gift certificates cannot have an expiration date or service fees, including dormancy fees. (California Civil Code Section 1749.5)
3. A business must honor a gift certificate that was issued by the business, even if the business has changed ownership since the certificate was issued. (California Civil Code Section 1749.6)
Here are some steps you can consider taking:
1. File a complaint with the Contra Costa County District Attorney's Office, as they handle consumer protection issues.
2. Contact the California Attorney General's Office and file a consumer complaint.
3. Consider filing a claim in small claims court to recover the value of the gift certificate.
4. Leave reviews on platforms like Yelp, Google, and the Better Business Bureau to warn other consumers about your experience.
It's important for businesses to follow the law and honor their commitments to customers. By filing complaints and spreading awareness, you can help hold the restaurant accountable and prevent others from experiencing similar issues.
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