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S 1209

An act relative to gift card tampering

194th Legislature (2025-2026) Introduced by Rodney Elliott and 1 co-sponsor

Mass. S.1209 creates gift-card crimes: possessing or stealing a card/its data is larceny; tampering is forgery; using stolen data is larceny, felony if over $1,200 in 6 months.

Hearing scheduled for 09/23/2025 from 01:00 PM-05:00 PM in A-2
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WeVote Research Nonpartisan
Bill Summary · S 1209

Summary — S.1209: “An Act Relative to Gift Card Tampering” (Massachusetts)

Note on documents provided: The materials you supplied include two distinct bills both labeled “S 1209” (one an Idaho higher-education appropriations/oversight act and one a Massachusetts bill on gift-card tampering). The summary below focuses on the Massachusetts bill titled “An act relative to gift card tampering” (Senate Docket No. 269), which contains the substantive criminal-law provisions regarding gift cards.

Purpose / Intent

To create clear criminal offenses and definitions specific to gift cards and gift-card redemption information, so that acquiring, tampering with, or using compromised gift cards or their account-redemption data with intent to defraud can be prosecuted under existing larceny and forgery statutes.

Key provisions

  • Adds two new sections to Chapter 266 of the Massachusetts General Laws (after section 37E):
    • Section 37F — Definitions: establishes precise, statutory definitions for terms used in the new offenses (see list below).
    • Section 37G — Crimes involving gift cards: creates three offense categories tied to intent to defraud:
    • (a) Possession/acquisition/retention without consent of a gift card or its redemption information is larceny under section 34.
    • (b) Altering or tampering with a gift card with intent to defraud is treated as forgery under chapter 267.
    • (c) Using a gift card or redemption information obtained in violation of (a) or (b) to obtain money, goods, services, or other things of value is larceny. If the total value obtained exceeds $1,200 in any consecutive six‑month period, the offense is elevated to felony larceny.

Definitions (notable)

  • “Gift Card”: physical or digital closed‑loop or open‑loop gift card, whether activated or not.
  • “Closed‑Loop Gift Card”: prepaid card redeemable at a single merchant or affiliated merchants.
  • “Open‑Loop Gift Card”: prepaid card redeemable at multiple unaffiliated merchants (payment network cards).
  • “Gift Card Redemption Information”: unique information that enables access, transfer, or spending of the card’s funds (e.g., codes, account numbers).
  • “Cardholder,” “Card Issuer,” “Gift Card Seller,” and “Value” are also defined to clarify scope and quantification of loss.

Who is affected

  • Consumers/cardholders (victims of theft or tampering)
  • Merchants and gift‑card sellers (both potential victims and points of regulatory/compliance focus)
  • Card issuers and payment networks
  • Law enforcement and prosecutors (newly codified offenses and thresholds)
  • Courts (classification/penalties via existing larceny/forgery statutes)

Penalties & Legal effect

  • Offenses are prosecuted under existing larceny (section 34) and forgery (chapter 267) frameworks; severity depends on the value obtained. The statutory felony threshold: > $1,200 in any consecutive six‑month period.

Procedural status (from provided docket)

  • Filed as Senate Docket No. 269 (filed 1/10/2025).
  • Presented by Senator Michael O. Moore (petition sponsors include Rodney M. Elliott).
  • Referred to the Judiciary Committee.
  • (A hearing is noted in the materials for 09/23/2025; check the official state legislature calendar for confirmation and any subsequent actions.)

Notes / Observations

  • The bill relies on existing larceny and forgery statutes for specific penalties rather than creating entirely new sentencing provisions.
  • The $1,200 six‑month threshold aligns with typical statutory thresholds for felony classification in many theft laws; the bill quantifies “Value” to include the full face or potential value of gift cards.
  • Because multiple different “S 1209” bills appeared in the provided documents (including an Idaho appropriations bill), confirm jurisdiction (Massachusetts) when tracking status or enforcement implications.

Compiled from official sources — confirm details with the bill’s official record.

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