Unlike debit cards protected by Regulation E, gift cards are intentionally exempted from strong consumer protection laws. This carve-out, lobbied for by retailers to ease commerce, removes the legal requirement for financial institutions to investigate fraud and reimburse victims, shifting the entire loss to the consumer.
Instead of focusing on past abuses, financial regulation should proactively define simple, safe, and easy-to-compare products. Requiring all firms to offer these standardized 'starter kit' options would foster genuine price competition and empower consumers.
Major retailers use third-party program managers for their gift cards. When a customer is scammed, the retailer deflects responsibility, stating they don't issue the cards. This structure, combined with weak regulation, leaves fraud victims with little recourse, creating an "accountability sink."
Technology in finance is a double-edged sword. While it can increase access, it can also be used to gamify trading, encourage impulse spending with 'buy-now-pay-later' schemes, and circumvent traditional consumer protection laws.
Companies profit not just from the initial sale (cash up front) and unredeemed balances. A third, often overlooked, profit source is consumer overspending. Shoppers typically spend 30-40% more than the card's value to use the remaining balance, a phenomenon called "top-off tension."
Advocates often incorrectly label all gift card payment requests as scams. This reflects a class-based blind spot, as they misunderstand the legitimate use of "alternative financial services" like gift cards by unbanked or underbanked populations for whom they are a necessary payment rail.
Unlike other tech verticals, fintech platforms cannot claim neutrality and abdicate responsibility for risk. Providing robust consumer protections, like the chargeback process for credit cards, is essential for building the user trust required for mass adoption. Without that trust, there is no incentive for consumers to use the product.
Regulatory capture is not an abstract problem. It has tangible negative consequences for everyday consumers, such as the elimination of free checking accounts after the Dodd-Frank Act was passed, or rules preventing physicians from opening new hospitals, which stifles competition and drives up costs.
Affirm's CEO argues the core flaw of credit cards is not high APRs, but a business model that profits from consumer mistakes. Lenders are incentivized by compounding interest and late fees, meaning they benefit when customers take longer to pay and stumble.
A regulatory settlement forced crypto firms to pay "rewards" instead of "interest" on stablecoins. Coinbase is exploiting this semantic difference to offer a 4% yield, creating a product that functions like a high-yield checking account but without the traditional banking regulatory burdens. This is a backdoor disruption of consumer banking.
A key reason retailers don't manage their own gift card programs is the legal complexity of "escheatment"—the process of turning over abandoned funds from unused gift cards to the state. Outsourcing this multi-state compliance burden to specialist firms is far more efficient than building the capability internally.