Posted on Thursday, 4th November 2010 by Keane Unclaimed Property Team
As you might have guessed, New Jersey’s attempt to collect an additional $79.5 million in revenue per year by revising the Uniform Unclaimed Property Act is causing a legal uproar in Trenton’s federal court. Monday’s article on Law.com which covered the proposed unclaimed property law revision caught our eye, as there are currently three lawsuits contesting that the recent revision is pre-empted by federal law and violates the Constitution’s taking, commerce, contract and due process clauses.
So just what does the law say? On July 1, 2010, New Jersey passed a revision to the Uniform Unclaimed Property law stating that gift cards – which were not previously covered by the unclaimed property act – are presumed abandoned after two years. This includes paper gift certificates and rebates cards. The law also reduces the time to redeem travelers’ checks and money orders from 15 years to three years and seven years to three years, respectively. Finally, the law forbids fees charged on stored value cards and limits the amount of dormancy fees businesses can charge on travelers’ checks.
The lawsuits involve American Express Travel Related Services Company, the New Jersey Retailers Association and the New Jersey Food Council, and are all seeking a preliminary injunction against enforcement of the law. Read More »