Delaware follows the federal CARD Act baseline. Delaware is notable for an active unclaimed property enforcement regime, which can affect issuers of stored-value products incorporated or domiciled in the state.
Federal context
Under the federal Credit CARD Act of 2009 and its implementing Regulation E (12 CFR 1005.20), gift certificates and most general-use and store gift cards sold in the United States must remain valid for at least five years from the date of issuance or last load. Federal law also restricts dormancy, inactivity, and service fees: a fee can generally be charged only if the card has been inactive for at least 12 months, the fee is disclosed, and no more than one fee is charged per month. State laws may add stronger consumer protections on top of this federal floor.
For a deeper federal explainer, see our CARD Act overview.
Expiration rules in Delaware
Delaware applies the federal CARD Act baseline for gift certificate expiration. No state-specific statute extends beyond five years.
Dormancy and service fees in Delaware
Delaware follows the federal CARD Act fee framework. Dormancy fees are limited and require disclosure.
Cash redemption for small balances
Delaware does not statutorily require cash redemption of small remaining balances.
Disclosure requirements
Federal Regulation E disclosures govern. Delaware does not add specific gift certificate disclosure requirements.
Unclaimed property and escheatment
Delaware is one of the most important escheat jurisdictions in the United States because many companies are incorporated there. Delaware's Abandoned Property Law applies to a broad range of stored-value obligations.
Single-merchant gift certificates from physical Delaware businesses generally fall within the standard exemption, but if your business is incorporated in Delaware (even if you operate elsewhere), consult a specialized unclaimed property attorney.
Enforcement and penalties
The Delaware Attorney General handles consumer protection. The Delaware Office of Unclaimed Property is notably aggressive in enforcement of escheat obligations.
Recent updates
Delaware periodically refines its unclaimed property regime — Senate Bill 13 in 2017 was a major restructuring. Monitor for further legislative updates.
Last reviewed: May 24, 2026. Statutes change. Verify the current text of the cited statute before acting on this summary.
Delaware compliance checklist
A short operational checklist for selling gift certificates in Delaware. Adapt with counsel before publishing your final policy.
- Set expiration to five years or eliminate expiration.
- Disclose fees and expiration on the certificate.
- If incorporated in Delaware, conduct an annual unclaimed property exposure review.
- Maintain detailed redemption records.
Frequently asked questions about Delaware gift card law
I'm incorporated in Delaware but operate in Florida. Do Delaware rules apply?
Often yes. Delaware's escheat law historically reaches obligations of Delaware-incorporated entities regardless of where business is conducted. Consult specialized counsel.
Related legal basics
- Do Gift Certificates Expire? — A practical overview of federal and state rules on gift certificate expiration, written in plain English.