The New Jersey Ruling: More Comments

If Judge Wolfson’s November 12th decision is not reversed, it will be a warning to other states:

1)     Don’t try to leverage your state into a higher priority; 
     and MORE IMPORTANTLY,

2)     Forget this so-called “third priority – place of sale” claim!

What good would a place of sale rule accomplish anyway? The state cannot return the property since there is no name and address. Essentially, the state is looking for additional revenue byway of the forgetful owner! In the case of the so-called “third priority” rule the state of a company’s domicile has made an express exemption of the property type (SVCs, B2B checks, etc.). Should the fact that a consumer has purchased a gift card in this state determine that the unused balance on that particular card should be used to enrich that state’s coffer? NO! That type of finagling would be nothing more than a sneaky sales tax (as if we don’t pay enough of those already)! On top of all that, most state legislatures probably didn’t understand the third priority rule when the Uniform Act was paced in front of them!

BOTTOM LINE: The 3rd Priority Rule serves no legitimate purpose and turns escheat away from its stated goal of consumer protection. Let’s lobby our state representatives!

With that, Happy Thanksgiving!
Brooke Spotswood

 

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