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US coupon law

Coupon and voucher law in the United States: discount codes, gift cards and transparency for retailers

FTC Act, CAN-SPAM, state UDAP statutes and the CARD Act for many gift cards: how promo codes differ from stored value in the US – not legal advice; full context follows right below this strip.

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Mioscoupon hero for US coupon law: e-commerce, discount codes, FTC and guidance on gift cards
  • FTC & deceptive promos
  • Gift cards vs promo codes
  • State law & CAN-SPAM
  • Not a substitute for US counsel

In more detail

In the United States, federal and 50 state regimes together shape discount advertising and vouchers. Federally, the Federal Trade Commission Act (15 U.S.C. § 45(a)) targets unfair or deceptive acts or practices – enforced by the FTC with guidance (including .com Disclosures and endorsement materials) and case-specific orders. Free or gratuitous promo codes and paid gift cards / stored-value products are not the same legally: codes sit mainly under truth in advertising and deceptive pricing risk; purchased cards raise contract/disclosure duties and, for many retail or open-loop gift cards, federal gift-card rules under the Credit CARD Act of 2009 (Title IV, implemented in part through Regulation Z / 12 C.F.R. Part 1026 for certain open-loop products). Commercial email with codes must comply with the CAN-SPAM Act. Privacy is not EU-style unitary law; states (for example California under CCPA/CPRA) may add obligations. NAD (BBB) and FTC publications illustrate how claims are challenged in practice. This page is not a substitute for US-qualified counsel; industry policies (e.g. MAP restrictions) may also constrain how codes stack.

Note

This content is for general guidance for retailers and shop operators. Mioscoupon does not provide legal advice. For advice tailored to your specific situation, consult a qualified legal advisor.

Two layers: purchased gift cards vs promotional discount codes (US)

Purchased gift cards & stored value (for money)

Customers pay upfront for stored value (gift card, store credit, sometimes open-loop prepaid). Expiry, fees, redemption, balance and disclosures follow contract, state law and, where applicable, Regulation Z / CARD Act rules on dormancy, inactivity and transparency. Regulatory materials from the CFPB may matter for certain payment-card products – case-specific.

Examples

  • Retail gift card
  • E-gift card
  • Visa/Master gift (open-loop)
  • Promotional credit balance

Promo codes / coupons & marketing

Newsletter codes, first-order promos, holiday sales or free shipping are usually advertising judged under the FTC Act: material claims must be truthful and substantiated; reference prices, was/now displays and false scarcity carry high risk. State UDAP statutes (for example aspects of the California Consumer Legal Remedies Act) can add private rights of action. MAP/manufacturer programmes may contractually limit stacking – analyse separately.

Examples

  • Email 15% off
  • First order $10 off
  • BOGO code
  • Free ground shipping
  • Loyalty reward

Market & compliance profile – USA

The US is a very strong coupon market with high promo usage. State-level differences, disclosures and voucher rules can materially increase review effort.

The marker on the colour scale shows editorial placement in four steps — not a legal “good/bad” judgement.

Compliance effort

Very demanding

ManageableMediumDemandingVery demanding

Market opportunity

Very high

LowSolidHighVery high

Coupon usage

Very high

LowMediumHighVery high

Planability

Heavily regulated

SimpleWell plannableNeeds reviewHeavily regulated

Focus by topic

  • Price claims & discountsVery demanding
  • Promotion termsDemanding
  • Newsletter couponsDemanding
  • Purchase & value vouchersVery demanding

Editorial orientation – not a binding legal assessment.

This assessment is for editorial orientation only and does not replace legal review. Effort can vary by industry, promotion type, voucher mechanics and specific communication.

International country comparison

Mioscoupon focuses on discount codes and campaign placements. Gift cards and promo codes are explained together because teams often mix them – in the US with particular attention to FTC standards and state UDAP risk.

How retailers should review US voucher campaigns

  1. Product type and channel

    Paid stored value or pure promo code? DTC, marketplace, app – check disclosures and refund duties by state.

  2. Substantiate advertising

    FTC: clear and conspicuous claims; disclose material connections for endorsements and affiliate codes.

  3. Pricing & references

    Keep evidence for list, MSRP and was/now claims; avoid hidden surcharges after applying a code.

  4. Email & data

    CAN-SPAM (e.g. opt-out, sender identity); watch state privacy laws for personal data used in campaigns.

Comparison: purchased gift card vs promotional discount code (US)

Purpose

Gift card / stored value (paid)

Customer pays value now and redeems later.

Coupon / promo code

Retailer grants a benefit as promotion or loyalty.

Typical rules

Gift card / stored value (paid)

CARD Act/Reg. Z for many store/open-loop models; unclaimed property rules may apply by state.

Coupon / promo code

FTC Act, truth in advertising; state UDAP; NAD self-regulatory practice.

Enforcement

Gift card / stored value (paid)

FTC/state AGs; private litigation under UDAP – fact dependent.

Coupon / promo code

FTC, state AGs, class actions where widespread deception is alleged – risk dependent.

Mioscoupon

Gift card / stored value (paid)

Relevant for stored-value partnerships; core focus: discount codes.

Coupon / promo code

Placements work best with plain, substantiated conditions.

Legal building blocks in the US (orientation)

  • FTC Act (§ 45(a))

    Unfair or deceptive practices – the backbone for claims, checkout and promo UX.

  • FTC advertising guidance

    .com Disclosures, endorsement guides – clear and conspicuous presentation on mobile and desktop.

  • CAN-SPAM Act

    Commercial email with discount codes: headers, identity, a working opt-out and content duties.

  • CARD Act & Reg. Z (snapshot)

    Many gift certificates/cards have federal minimum rules on expiry and fees – map the product type carefully.

  • State UDAP statutes

    Additional prohibitions and private remedies – California, New York and others are often cited; do not assume one-size-fits-all.

  • NAD & industry practice

    Self-regulatory decisions show how claims are read in the market.

Checklist for discount codes & vouchers (US)

  • Are material terms clear and conspicuous before checkout (FTC)?
  • Do was/now claims match actual sales and your records?
  • Are taxes (sales tax) and shipping presented without deception?
  • Are excluded categories, brands and marketplaces listed?
  • Is stacking consistent with MAP/manufacturer rules?
  • Newsletter: CAN-SPAM-compliant footer and opt-out?
  • Are terms and refund notes for gift cards easy to find?
  • Is countdown urgency only used with a genuine limit?
  • Selling globally: add EU/UK consumer and data review?
  • Clarify customer state and nexus for tax and consumer law with counsel?

Examples of clear wording (US context, USD)

  • Promo code

    “15% off your first order of $75+ before tax. Cannot combine with other offers. Ends Dec 31, 2026. Continental US only.”

  • Newsletter

    “$10 off when you join our email list on orders over $60. One use per household.”

  • Category sale

    “20% off select accessories. Excludes gift cards and items already marked down.”

  • Shipping

    “Free ground shipping on orders over $49 (48 contiguous states). Oversize surcharge may apply.”

Common mistakes in US voucher campaigns

  • Assuming an EU-style Omnibus rule nationwide

    The US does not operate a single EU “30-day reference price” regime; FTC and state practice govern.

  • Reading federal law only

    UDAP and gift-card details can be stricter at state level – include destination states.

  • Ignoring CAN-SPAM

    Commercial email without a working opt-out is a major risk.

  • Treating gift cards like coupons in finance ops

    Compliance and recognition rules differ – separate workflows.

  • Reference prices without proof

    Substantiate MSRP/comparisons or avoid them.

  • Hiding sales tax

    Sales tax varies by state – review checkout presentation.

Shops and programmes in the Mioscoupon ecosystem

These shops and programmes are connected in the Mioscoupon system and may matter for voucher campaigns even when your target market is the United States. They are not necessarily direct self-service customers of Mioscoupon.

Logos are illustrative only; no endorsement of individual merchants is implied.

Example portals with a US angle

Selection from the Mioscoupon network using **US** market tags in master data or a **.us** domain – **not** every **.com** site is US-focused; illustrative, not a guarantee of full market coverage.

Actual placements depend on campaign, target market and availability.

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US coupon law: FTC, CAN-SPAM, gift cards and promo codes

The US combines FTC enforcement and state consumer statutes with industry-specific rules for payment and gift products.

Gift cards and promo codes should be separated operationally and legally.

Mioscoupon helps discount codes gain visibility – it does not replace qualified US legal review.

FAQ

Is there a nationwide EU-style “30-day reference price” rule in the US?
No – there is no single EU Omnibus-style federal rule; FTC practice and state law drive reference-price issues case by case.
Are purchased gift cards legally the same as free newsletter codes?
No. Gift cards raise CARD Act/Reg. Z and disclosure topics; promo codes sit mainly under FTC advertising standards and CAN-SPAM for email.
Which agencies typically matter?
The FTC and state attorneys general; CFPB materials may matter for certain payment-card products – depending on the case.
Do I need to comply with CAN-SPAM when emailing discount codes?
Commercial email generally triggers CAN-SPAM duties – opt-out, sender identity and more; confirm with counsel.
Does this page replace US counsel?
No. Mioscoupon does not provide legal advice.
Where should I read official US texts?
uscode.house.gov / Law.cornell.edu for the U.S. Code and ecfr.gov for C.F.R. (including 15 U.S.C. § 45 and 12 C.F.R. Part 1026); ftc.gov for guidance and enforcement materials.

Further reading

Make US discount codes visible – with clear terms

Mioscoupon helps place discount codes on relevant voucher portals – US legal review stays with you or your counsel.

Submit a couponView pricingInternational coupon law

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