Gift card fraud and package tampering fall under organized retail theft rules

The measure defines closed-loop, open-loop, and other gift cards, including physical or digital cards whether activated or not. The definitions cover prepaid cards, codes, or devices used mainly for personal, family, or household purposes. Closed-loop cards work at one merchant or affiliated group, while open-loop cards work at multiple unaffiliated merchants in a payment network. The card must have a specified amount, although it may be reloadable. A gift card may be activated or not activated.

The measure treats gift cards as retail merchandise and measures a gift card’s value by the greatest economic loss the owner might reasonably suffer. The rule covers all gift cards, including variable-load cards, and applies to organized retail theft involving a retail theft enterprise. The value may include the card’s full face value or potential value. A person must meet the other organized retail theft requirements, including association with an enterprise, a prior theft pattern, and an intentional act involving retail merchandise. The conduct must also involve resale, advertising, returning merchandise for value, or tampering with merchandise or its packaging to obtain value from a retailer or customer. The measure states that these provisions apply to crimes committed on or after August 1, 2026.