I was given a $100 gift card from my employer. It required me to activate the card within 3 months by either calling a number/or going on-line. I activated it soon after getting it. It also had instructions on the card that I had one year to use it after activation. It expired on 15/11/2014 and I emailed the company on 22/11/2014 as I was unaware of the expiry date as it was not on the card yet I knew it was close to 12 months.
When looking at the Consumer Affairs website, they clearly state that under the Corporations Act 2011, gift cards "must clearly display the expiry date". This was not the case with this particular card/company. When I emailed them, I got the following explanation about the clear display of expiry dates "...only applied to retail based gift cards like Coles Myer cards which are purchased in retail stores. Gift cards that are used for corporate rewards, incentives or promotions – where by the end user (consumer) has not had to purchase the card do not require an expiry date to be printed on the front of the card. It is also the duty of our customer – being the company that purchased the card from us to pass on the information pertaining to activation and expiry date periods."
Consumer Affairs Victoria instructed me to get independent legal advice to see whether I should take this to VCAT under the Commercial Law or Australian Consumer Law. Am I wasting my time?
When looking at the Consumer Affairs website, they clearly state that under the Corporations Act 2011, gift cards "must clearly display the expiry date". This was not the case with this particular card/company. When I emailed them, I got the following explanation about the clear display of expiry dates "...only applied to retail based gift cards like Coles Myer cards which are purchased in retail stores. Gift cards that are used for corporate rewards, incentives or promotions – where by the end user (consumer) has not had to purchase the card do not require an expiry date to be printed on the front of the card. It is also the duty of our customer – being the company that purchased the card from us to pass on the information pertaining to activation and expiry date periods."
Consumer Affairs Victoria instructed me to get independent legal advice to see whether I should take this to VCAT under the Commercial Law or Australian Consumer Law. Am I wasting my time?