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Car Wash Will Not Honor Coupons

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  • 11-12-2015, 02:26 PM
    SethSkyler
    Car Wash Will Not Honor Coupons
    My question involves a consumer law issue in the State of: California

    A year or two ago, I bought 20-30 car wash coupons from my child's school. They were selling them for $15, and said they benefitted the school.
    I only used 10 or less of them, and when I tried to use one in January of this year, the local Lexus told me they weren't accepting them anymore.
    I think they were giving them away to the schools for free, and having the schools sell them for $15.

    They do say "Valid for one year after the date of issue" but there is no date on the ticket.
    They also say "no cash value"

    I have almost $300 of these sitting around with nothing to do. I told Lexus that they really should honor them, and they said I am so out of luck. :wallbang:
    I did not threaten legal action. Is there anything I can do?

    Thanks!
    -Seth:cool:

    P.S. I know another parent who is in the same situation as I am with over a dozen of these.
    I have attached pictures.
    http://s21.postimg.org/myb6vzpjq/IMG_4696.jpg
    http://s21.postimg.org/inwj0ekgm/IMG_4697.jpg
  • 11-12-2015, 02:29 PM
    Dogmatique
    Re: Refusing to Honor Carwash Coupon
    Yeah.

    Move on with your life.

    You're out of luck.
  • 11-12-2015, 03:32 PM
    flyingron
    Re: Refusing to Honor Carwash Coupon
    You can't show they were issues within the past year (and I suspect the merchant knows exactly when they were given to the school to issue).
  • 11-12-2015, 04:10 PM
    adjusterjack
    Re: Refusing to Honor Carwash Coupon
    I have almost $300 of these sitting around with nothing to do. I told Lexus that they really should honor them, and they said I am so out of luck.

    CA law allows expiration dates on coupons (gift cards) distributed free as part of a premium or promotion or sold at below face value through a volume discount to employers, non-profits or charitable organizations using them for fundraising purposes. As with food gift cards, however, the expiration date must be printed on the front of the card in 10-point type.

    If you want to push the issue you'll have to do your own research into the statutes.

    But I don't think you have anywhere to go with this.
  • 11-12-2015, 04:56 PM
    Mr. Knowitall
    Re: Refusing to Honor Carwash Coupon
    Quote:

    Quoting adjusterjack
    View Post
    If you want to push the issue you'll have to do your own research into the statutes.

    The statutes are here. This seems strange:
    Quote:

    (a) It is unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following:

    (1) An expiration date....

    (d) This section does not apply to any of the following gift certificates issued on or after January 1, 1998, provided the expiration date appears in capital letters in at least 10-point font on the front of the gift certificate:...

    (a) It is unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following:...

    (2) Gift certificates that are donated or sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes if the expiration date on those gift certificates is not more than 30 days after the date of sale....

    It would seem odd for the charitable exception to apply only if the gift certificate expired not more than 30 days after the date of sale, but for it to be impermissible to have a longer expiration period. But whatever was intended by that language, the larger issue here appears to be that the gift certificate was sold by the school, not by the auto dealership. It would seem to be the school that is liable for any violation of the law in its sale of the gift certificates.
  • 11-12-2015, 07:49 PM
    SethSkyler
    Re: Refusing to Honor Carwash Coupon
    I think, although I may be wrong (and often am), that it is unlawful for them to sell a gift certificate if the expiration date is within 30 days.
    There is a double negative: "It is unlawful... if the expiration date is not more than 30 days after the date of sale" is the same as "It is lawful if the expiration date is more than 30 days after the date of sale", I think.

    Thanks for providing statutes Mr. Know it all.

    From the responses on this thread, I guess it is lawful for them to expire.
    However, I think there should be an expiration date on them and there is not.
    I don't know if it is legally required there be printed an expiration on these.

    It sucks to let these go, but I think chasing this issue will cost me more than the $300 I have left.
    If anyone has any ideas, please let me know.
  • 11-12-2015, 07:55 PM
    Mr. Knowitall
    Re: Refusing to Honor Carwash Coupon
    That's fair -- if you interpret the language based upon there being a double negative, while you have what amounts to unquestionably terrible legislative drafting, the language can be interpreted in a more reasonable manner.
  • 11-12-2015, 07:56 PM
    Dogmatique
    Re: Refusing to Honor Carwash Coupon
    Quote:

    Quoting SethSkyler
    View Post
    I think, although I may be wrong (and often am), that it is unlawful for them to sell a gift certificate if the expiration date is within 30 days.
    There is a double negative: "It is unlawful... if the expiration date is not more than 30 days after the date of sale" is the same as "It is lawful if the expiration date is more than 30 days after the date of sale", I think.

    Thanks for providing statutes Mr. Know it all.

    From the responses on this thread, I guess it is lawful for them to expire.
    However, I think there should be an expiration date on them and there is not.
    I don't know if it is legally required there be printed an expiration on these.

    It sucks to let these go, but I think chasing this issue will cost me more than the $300 I have left.
    If anyone has any ideas, please let me know.

    Check for expiration dates the next time?

    You did ask for any ideas.
  • 11-12-2015, 09:03 PM
    SethSkyler
    Re: Refusing to Honor Carwash Coupon
    Fair enough lol.

    I wish it was printed on the voucher. I'm used to seeing an actual date on the voucher.

    Live and learn.
  • 11-13-2015, 06:55 AM
    budwad
    Re: Refusing to Honor Carwash Coupon
    I want to point out that a discount coupon and a gift certificate are not the same thing and the statute is addressing gift certificates not coupons.

    A gift certificate is a voucher given as a present that is exchangeable for a specified cash value of goods or services from a particular place of business.

    A discount coupon is a voucher entitling the holder to a discount for a particular product or service.

    OP, first they are coupons now calling them vouchers.

    A voucher can either be a coupon that entitles the holder to a discount or that may be exchanged for goods or services.

    So are they coupons or gift certificates?

    There is no law covering discount coupons in CA that I could find. It appears that it is entirely up to the vender to honor the coupon or not.
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