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Feds Crack Down On Gift Card Trickery
Including ISP "same as cash" promotional cards...
by Karl Bode Tuesday 17-Nov-2009 tags: legal · business · consumers
For many years now companies (including some of the biggest broadband ISPs) have been issuing gift cards instead of cash as rebates. Why? Companies can impose a number of restrictions on the cards that statistically reduce the amount of actual cash companies have to pay out. Many companies make it so the cards aren't redeemable for cash, can't be used for cash withdrawals, or expire several months after issue -- yet don't really make these restrictions clear in promotions. AT&T for one got in trouble with NY's Attorney General earlier this year for advertising that these cards were "the same as cash."

Retail store gift cards often rely on the same stable of tricks, and this has apparently gotten the attention of the Federal Reserve. The Reserve this week issued a missive saying they'd be cracking down on misleading gift card practices.

Click for full size
According to the notice, they'll be crafting new rules that would "protect consumers from certain unexpected costs and would require that gift card terms and conditions be clearly stated." Judging from the initial draft, promotional rebate cards will be covered:

Consistent with the statute, the proposed rule would not apply to other types of prepaid cards, including reloadable prepaid cards that are not marketed or labeled as a gift card or gift certificate, and prepaid cards received through a loyalty, award or promotional program.

Under the new rules, both rebate and gift cards will now be required to have an expiration date no less than five years after the date of issue, and all marketing practices involving these cards will need to be made transparent to the end user. Those interested can file a comment with the Federal Reserve on the proposed rules.

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Tomek
Premium
join:2002-01-30
Valley Stream, NY

And their never ending excuses

of how convenient those cards are. Pay your groceries with it, fill up the car. But for me the most convenient is visit to ATM to deposit that check. MIR products lost their value just because of those rebates.
--
Semper Fi

Matt
All noise, no signal.
Premium
join:2003-07-20
Jamestown, NC
kudos:12

Re: And their never ending excuses

said by Tomek:

of how convenient those cards are. Pay your groceries with it, fill up the car. But for me the most convenient is visit to ATM to deposit that check. MIR products lost their value just because of those rebates.
I totally agree. If I have to deal with a MIR or a rebate card, I pass. It's just not worth the hassle.
--
trafficcloak.com - pptp/sstp vpn services

nixen
Rockin' the Boxen
Premium
join:2002-10-04
Alexandria, VA
said by Tomek:

of how convenient those cards are. Pay your groceries with it, fill up the car. But for me the most convenient is visit to ATM to deposit that check.
For me, the convenience of checks is scanning them into my computer and depositing them online. So, uh, yeah: checks would be much better. Only thing that might be better is if you could give them electronic transfer info and get it that way.
--
The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt. -- Bertrand Russell

fifty nine

join:2002-09-25
Sussex, NJ
kudos:1

Re: And their never ending excuses

I guess i'm old school. I still go to the counter at the credit union and deposit my checks there.

Yes, I said credit union. Banks pay millions to CEOs. Credit unions pay dividends to members.

My pay is direct deposit though.

nixen
Rockin' the Boxen
Premium
join:2002-10-04
Alexandria, VA

Re: And their never ending excuses

said by fifty nine:

I guess i'm old school. I still go to the counter at the credit union and deposit my checks there.

Yes, I said credit union. Banks pay millions to CEOs. Credit unions pay dividends to members.
USAA: get dividends every year.

said by fifty nine:

My pay is direct deposit though.
The closest I've been to a physical bank in the last several years is ATMs. Even those, I frequently skip in favor of more convenient locations (e.g. 7Eleven), as my bank refunds me my ATM fees (and convenient ATMs don't seem to be any more expensive to use than bank ones).

Most likely sometime in my lifetime, the only places physical banks will exist will be in places not adequately served by HSI. Physical banks have made themselves so inconvenient and expensive. There's little point in using many of them.
--
The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt. -- Bertrand Russell

fifty nine

join:2002-09-25
Sussex, NJ
kudos:1

1 edit

Re: And their never ending excuses

Well, you have to admit that the USAA is unlike any other bank. I actually like the fact that they don't make subprime loans.

I disagree about physical bank branches though. They seem to be popping up like mushrooms here and there are always lines for the tellers.

Certain things you do need to go to the counter for, such as cashier's checks. There are businesses such as medical practices that only take cashier's checks for large amounts of money.

nixen
Rockin' the Boxen
Premium
join:2002-10-04
Alexandria, VA

Re: And their never ending excuses

said by fifty nine:

Well, you have to admit that the USAA is unlike any other bank. I actually like the fact that they don't make subprime loans.
Maybe they didn't make loans to sub-prime candidates, but they did make fairly highly leveraged loans (e.g., my first mortgage through them was a 100% loan) - which was part of the overall sub-prime lending practices.

said by fifty nine:

I disagree about physical bank branches though. They seem to be popping up like mushrooms here and there are always lines for the tellers.
Around here, I'm seeing big-bank branches thinning out. The only ones I'm seeing pop up are small banks. It seems to be less than one-for-one, though.

said by fifty nine:

Certain things you do need to go to the counter for, such as cashier's checks. There are businesses such as medical practices that only take cashier's checks for large amounts of money.
Not that I've ever encountered that (always been lucky enough to have insurance), but going further afield... Such would be eliminated by a universal healthcare program. Given the recent push, seems that we can expect that at some point in the not too distant future.
--
The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt. -- Bertrand Russell

RR Conductor
Happy 40th Amtrak
Premium
join:2002-04-02
Redwood Valley, CA
kudos:1
said by nixen:

said by fifty nine:

I guess i'm old school. I still go to the counter at the credit union and deposit my checks there.

Yes, I said credit union. Banks pay millions to CEOs. Credit unions pay dividends to members.
USAA: get dividends every year.

said by fifty nine:

My pay is direct deposit though.
The closest I've been to a physical bank in the last several years is ATMs. Even those, I frequently skip in favor of more convenient locations (e.g. 7Eleven), as my bank refunds me my ATM fees (and convenient ATMs don't seem to be any more expensive to use than bank ones).

Most likely sometime in my lifetime, the only places physical banks will exist will be in places not adequately served by HSI. Physical banks have made themselves so inconvenient and expensive. There's little point in using many of them.
I take it you don't live in a rural area, the physical bank is still VERY much an important part of the rural landscape, like my area.
--
You've got to stand for something, or you'll fall for anything.

nixen
Rockin' the Boxen
Premium
join:2002-10-04
Alexandria, VA

Re: And their never ending excuses

said by RR Conductor:

said by nixen:
Most likely sometime in my lifetime, the only places physical banks will exist will be in places not adequately served by HSI. Physical banks have made themselves so inconvenient and expensive. There's little point in using many of them.
I take it you don't live in a rural area, the physical bank is still VERY much an important part of the rural landscape, like my area.
That's kind of what I meant when I referred to areas not well served by high speed internet.

Even still, there's not much money to be made in consumer banking. Even less is there to be made when you're paying for things like leasing space, paying HVAC, employing tellers, paying for money shipments (armored vehicle services aren't free), etc. It's quite a bit cheaper to close your physical locations and move everything online. As it becomes ever more practical for banks to move fully online, they will.

As a consumer, being able to bank 24/7/365 is a heck of a lot better of a proposition than trying to get to a physical location during typically short bankers' hours. Dunno about you, but I work during the hours that most banks are actually open. Factor in my commute back home to where my physical bank locations are likely to be close to, and there's almost zero time to go there on anything other than *maybe* the weekend. That was a big part of why I went as fully online as I could.
--
The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt. -- Bertrand Russell

fifty nine

join:2002-09-25
Sussex, NJ
kudos:1

Re: And their never ending excuses

Actually I live in a rural area and work in NYC. Bank branches are popping up in both places. Capital One Bank and TD Bank in particular here have done lots of expansion (even when they were Commerce Bank).

In both places (NYC and northwest NJ) we have access to high speed internet. NYC of course has myriads of choices, out here we have Cable, DSL and fixed wireless.
patcat88

join:2002-04-05
Jamaica, NY
kudos:1
said by nixen:

Most likely sometime in my lifetime, the only places physical banks will exist will be in places not adequately served by HSI. Physical banks have made themselves so inconvenient and expensive. There's little point in using many of them.
Do ATMs give you $1 bills, or $100s, or rolls of coins? Do ATMs do mortgages for you/can you do a total mortgage without ever stepping outside of your house?

davoice

join:2000-08-12
Saxapahaw, NC
Reviews:
·Comporium

Re: And their never ending excuses

Yes, some atms can give $1 bills. It's up to the bank itself to determine what its ATMs will stock. Most banks stock as few different bills as possible to limit the labor involved with balancing and restocking the ATM. Remember those self-checkout stations in stores are just glorified ATMs and they can give out any combination of change - even coins. And if you've ever been to a casino, you've seen ATMs that dole out $100 bills like water.

And yes, you can do a total mortgage w/o ever stepping outside of your house. My parents did their last one from the comfort of their den. Everything was sent back and forth via fax (they have a fax at home) and email. The final paperwork packet was sent to them via FedEx and picked up the next day via FedEx for return to the bank.

That said, yes I do still occasionally step into a branch. But since I can now deposit checks using a scanner at home (and soon using most any major brand of cameraphone), to deposit/cash checks, there's no need for a branch visit to handle those anymore.

I bank with a credit union and there are still things at the branch I take advantage of though. Like free coin counting machines (ala coinstar), free notary services, free money orders, and cross-account balance transfers.

}Davoice
patcat88

join:2002-04-05
Jamaica, NY
kudos:1

Re: And their never ending excuses

Click for full size
said by davoice:

Yes, some atms can give $1 bills. It's up to the bank itself to determine what its ATMs will stock. Most banks stock as few different bills as possible to limit the labor involved with balancing and restocking the ATM. Remember those self-checkout stations in stores are just glorified ATMs and they can give out any combination of change - even coins. And if you've ever been to a casino, you've seen ATMs that dole out $100 bills like water.
And what ATM will give me these? Only the teller can.

tom thomas

@lbtmail.com

total BS

this is absolute BS. reward, loyalty programs, and promotions probably amount to 99% of these cards issued. there is absolutely no way they should be exempted. if anything consumers are less likely to know the specific terms of these types of cards versus ones that they simply pay cash for. if there is to be an exemption it should be for the cards cash are paid for and not the ones issued as rewards or promotions.
n2ubp

join:2007-07-13
Middletown, NY

Re: total BS

I gave up any kind of rebates after I got two debit cards as rebates. They are too difficult to use. I can never get the entire rebate amount out of the card. It forces me to make more purchases rather than bank the money.

csiemers

join:2000-09-16
Portland, OR
Reviews:
·Comcast

Re: total BS

I use mine to buy myself an Amazon gift card which I apply to my account immediately and I know at some point I'll use it up on Amazon.

I'm sure there are other places that you shop with regularly that you could do that with and not be dinged by stupid fees.
--
»www.wwiivehicles.com

World War II Vehicles and Advanced Squad Leader

swaff

join:2000-07-16
Normal, IL

Re: total BS

I took my last one to WalMart - Converted it to a gift card and bought gas with a 3 cent discount - No big deal and no expiration

MackMarvel

join:2004-02-15
Benton Harbor, MI
That's what they want you to do.

skuv

@rr.com
All of the rebate cards I have received like this have included the terms in very simple English on a small insert in the envelope.

Most of the cards even have an expiration date printed rate on the card.

You would have to be retarded not to know the terms involved.

I just turn around and buy Amazon.com gift cards with them, and spend the money that way. Since I'm going to buy from Amazon anyway, and Amazon only lets you use one form of payment. So it's easier to buy Amazon gift cards and use those as payment in the future.
TheWickerMan

join:2002-04-09
Enola, PA

It's a start...

...but not nearly enough. These companies make you jump through so many hoops to get your rebate, hoping that you'll make a mistake somewhere along the line and give them an excuse to deny it. Sometimes even when you do everything perfectly, they'll still try to screw you.

Staples did that to me a few years ago. Tried to claim that I didn't send in the UPC symbol, and told me that all I had to do was send it in, and they'd send my rebate. Only problem was, I no longer had the UPC symbol, as I had in fact sent it in. I eventually got my rebate, but it took a lot of complaining on my part.

LordFlux

join:2005-04-20
Warner Robins, GA

Re: It's a start...

said by TheWickerMan:

I eventually got my rebate, but it took a lot of complaining on my part.
And a lot of people wouldn't complain. I ran into the same issue with OfficeMax when I sent off for a $20 rebate on a HP printer -- they said I hadn't sent the UPC, when I fact I had. I decided my time was worth more than $20 so I just wrote it off as a loss.

I've gotten to where I actually avoid sending off for rebates and just look for instant savings at the register.

kdwycha

join:2003-01-30
Riverview, FL

Re: It's a start...

I work for OfficeMAX and they don't do mail in rebates. You simply buy the printer and have your maxperks card scanned and 30 days later you login to your maxperks account and print out a gift card that expires in 90 days. Simple enough.

LordFlux

join:2005-04-20
Warner Robins, GA

1 edit

Re: It's a start...

said by kdwycha:

I work for OfficeMAX and they don't do mail in rebates. You simply buy the printer and have your maxperks card scanned and 30 days later you login to your maxperks account and print out a gift card that expires in 90 days. Simple enough.
*shrug* I don't know anything about that. It was about 9 years ago when I sent off for that HP mail-in rebate.

battleop

join:2005-09-28
00000
Cowsumers continue to do business with these companies. They bitch, bitch, bitch but never do anything about it.

As long as you continue to bitch and moan while continuing to do business with these companies NOTHING WILL CHANGE!
mlundin

join:2001-03-27
Lawrence, KS

Re: It's a start...

said by battleop:

Cowsumers continue to do business with these companies. They bitch, bitch, bitch but never do anything about it.
Only because no one has a company that does things differently. Just because there are no better options doesn't mean the current ones are good.

battleop

join:2005-09-28
00000

Re: It's a start...

That is not true. There are plenty of options but they are not often the most convenient or cheapest.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Reviews:
·AT&T DSL Service
Agreed. There needs to be rebate reform as part of broader push for consumer rights, including things like warranties, returns, rebates, etc.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

fifty nine

join:2002-09-25
Sussex, NJ
kudos:1
said by TheWickerMan:

...but not nearly enough. These companies make you jump through so many hoops to get your rebate, hoping that you'll make a mistake somewhere along the line and give them an excuse to deny it. Sometimes even when you do everything perfectly, they'll still try to screw you.

Staples did that to me a few years ago. Tried to claim that I didn't send in the UPC symbol, and told me that all I had to do was send it in, and they'd send my rebate. Only problem was, I no longer had the UPC symbol, as I had in fact sent it in. I eventually got my rebate, but it took a lot of complaining on my part.
I always kept copies of everything I submitted. Never missed a rebate and had evidence when they decided to give me a hard time.
Rojo

join:2009-04-14
New York, NY

1 edit
Staples did it to me too earlier this year around Valentine's Day. The local Staples store offered a $3.00 MIR--essentially the purchase price--for a specialty chocolate. Weeks later they sent me a reject letter claiming I hadn't sent in the UPC. Total bullsh!t. You also had to include the Staples cash register receipt WHICH SHOWED THE ITEMIZED PURCHASE, for crying out loud.

Total BS, total thievery by Staples.

SteveLV702
Premium
join:2004-04-22
Las Vegas, NV

still waiting

I'm still waiting on my AT&T Tilt rebate from like 5 years ago.....
Zyniker
Zyniker
Premium
join:2004-12-25
Anaheim, CA

California

California law already greatly restricts the amount of underhanded dealing allowed from gift card sellers: »www.dca.ca.gov/publications/lega···11.shtml

Perhaps most prominently, many gift cards in California have no expiration date.
--
The optimist proclaims that we live in the best of all possible worlds, the pessimist fears this is true.

dcurrey
Premium
join:2004-06-29
Reviews:
·RoadRunner Cable
·ViaTalk

2 edits

Ohio

Ohio prohibits the sale of gift cards with an expiration date less than two years after the date the gift card is issued, and prohibits the imposition of service charges or fees that reduce the value of the card during those two years. The statute exempts gift cards issued pursuant to loyalty or promotional programs without charge, as well as those usable with multiple, unaffiliated sellers of goods or services. The statutory definition of gift card specifically exempts prepaid calling cards used to make telephone calls.

In addition, all gift cards sold without an expiration date are valid until redeemed or replaced with a new gift card.
Not sure what "as well as those usable with multiple, unaffiliated sellers of goods or services. " would include.

Now if only they could add the promo/loyalty cards.
Necronomikro

join:2005-09-01

Re: Ohio

said by dcurrey:

Not sure what "as well as those usable with multiple, unaffiliated sellers of goods or services. " would include.

Now if only they could add the promo/loyalty cards.
Like... Visa Gift Cards.

dcurrey
Premium
join:2004-06-29

Re: Ohio

Looking into this further, that seems about right. Along with Mall type cards for any store in the mail. Big gaping hole if you ask me.
Mr Matt

join:2008-01-29
Eustis, FL
kudos:1
Reviews:
·CenturyLink
·Comcast
·Embarq Now Centu..
·Millenicom

1 edit

Lawmakers for sale at K Street.

The bigger the corporation the more payola that can be handed over to the K Street Mob, to give lawmakers, to ignore the corporate abuses of their puppeteers. But then what should you expect from master rebaters.

SLD
Premium
join:2002-04-17
San Francisco, CA

What is sad

What is sad is that most of these companies are wealthy, but they feel the need to screw over their consumers to make even more.

I'm sure the first response to this will be: "how do you think they got wealthy in the first place?"

In America, often the term "business" is a nice synonym for theft, dishonesty or a lack of common morals:

"Don't take it personally, it's just business"
"It is a business decision"
Rojo

join:2009-04-14
New York, NY

Re: What is sad

said by SLD:

In America, often the term "business" is a nice synonym for theft, dishonesty or a lack of common morals:
Why single out America? You think human nature is different anywhere else in the world?

SLD
Premium
join:2002-04-17
San Francisco, CA

Re: What is sad

No, but our mega-capitalistic society breeds this behavior, and it is spreading around the world.
Besides, I'll stick with what I know - and that is the USA.
patcat88

join:2002-04-05
Jamaica, NY
kudos:1
said by Rojo:

said by SLD:

In America, often the term "business" is a nice synonym for theft, dishonesty or a lack of common morals:
Why single out America? You think human nature is different anywhere else in the world?
Yes. Look at India or Asian countries (Japan, Korea specifically). In some cultures being wealthy is something to be ashamed of. In America is celebrated.
quatrix
Premium
join:2005-02-11
Davie, FL
kudos:2

How is it not clear?

"Many companies make it so the cards aren't redeemable for cash, can't be used for cash withdrawals, or expire several months after issue -- yet don't really make these restrictions clear in promotions."

Why would anyone think they could use a GIFT CARD to trade for or withdraw cash?
bgraham

join:2001-03-15
Smithtown, NY
Reviews:
·Verizon VoiceWing
·Verizon FiOS
·VOIPo

Re: How is it not clear?

I never do rebates or any of these cash back schemes. They are all more trouble than they are worth and full of fine print.

I did however get a $100 cash card for signing up for FIOS TV. It worked pretty well although VZ waits 90 days I think before you get the card. I got a flat panel monitor for my wife's computer, $99.99, so it was gone the same day it arrived.
wierdo

join:2001-02-16
Tulsa, OK
Reviews:
·Cox HSI
·T-Mobile US
said by quatrix:

Why would anyone think they could use a GIFT CARD to trade for or withdraw cash?
Because the only reason not to allow it on rebate cards is the expectation that you'll end up with a few bucks you can't spend without some difficulty, thus leaving the company issuing the cards with some left over.

You certainly should be able to just go withdraw however much from your card you like at an ATM. But that makes the card issuer less money on your money. (since they can't take it from the retailers)
--
It's wierdo, not weirdo. Yes, I know that's not the 'proper' spelling of the similar english language word.
Jim Shaffer

join:2004-08-06
Montgomery, PA
said by quatrix:

Why would anyone think they could use a GIFT CARD to trade for or withdraw cash?
Because the damned things are being given out as REBATES! Yes, every one I've encountered so far has specified that it can't be used for cash, but then it's not a REBATE, is it now?

The proposed legislation isn't going to do anything to fix that problem. What we need is legislation forbidding anyone too mentally-defective to handle elementary logic from being excused for said defect by calling themselves a businessman.
brianiscool

join:2000-08-16
40303
kudos:1

hah

I remember when I could only use it on Amazon.
itguy05

join:2005-06-17

Not that hard

I'm due $150 from FIOS. I'll just pay my bill online for $150. Free month and a half of service.

I had a $20 one from Staples. Went to Best Buy and told them "Charge $20 on the card" They did and I paid for the rest.

Not that hard at all to get full value out of these cards.
sharksfan3
Premium
join:2004-02-16
Hyde Park, NY

AT&T

The AT&T rebate cards are great. I use them to pay towards my bill. The end result in my checking account is the same.

Devanchya
Smile
Premium
join:2003-12-09
Ajax, ON

It's called 'Debit'

I never got the point of Gift Cards...

In Canada you just use debit for eveything. In the the US it's a cheque (check!) card.
Eek2121
Lovin Verizon FIOS

join:2002-10-12
Newton, NJ
Reviews:
·Service Electric..

Verizon's Rebate Cards...

I've posted this before, but I will post it again. There is no issue with Verizon's rebate card system. When you get the card you can take it to the bank and pull all of the cash out, or you can use it, "same as cash" by running it as credit. I've had two and both worked the same way. My recent grocery bill came to $280, i swipe the card, choose credit, and it automatically deducted the entire amount from the card and asked me to choose another form of payment for the rest

ReVeLaTeD
Premium
join:2001-11-10
San Diego, CA

Re: Verizon's Rebate Cards...

said by Eek2121:

I've posted this before, but I will post it again. There is no issue with Verizon's rebate card system. When you get the card you can take it to the bank and pull all of the cash out, or you can use it, "same as cash" by running it as credit. I've had two and both worked the same way. My recent grocery bill came to $280, i swipe the card, choose credit, and it automatically deducted the entire amount from the card and asked me to choose another form of payment for the rest
Actually Verizon's is the most consumer friendly of them all. For those that don't know:

•You can swipe it as a credit card.
•You can cash out at a "Visa participating" bank...though their online search indicates there are none. My guess is that any bank will do as long as they do it like a credit transaction against Visa.
•You can ACH the money, no fee, to a bank account of your choosing. (IMO this option should be mandatory for ALL of these companies offering rebate cards. I did it and the money was in my account 2 business days later, no fuss no muss)
•I believe you can even ask them to send you a check for a fee.

THAT, my friends, is how it should be done across the board. Unlike Rent.com where it won't let you draw money from it at a bank, yet they do a $1 auth if you try (meaning it is valid but they're blocking the transaction intentionally).

cableties
Premium
join:2005-01-27
Reviews:
·Verizon FiOS

Rebates and Gift cards...

Marketing's Gift to Corporate!

"The (suckers) will never use the exact amount or remember if they even sent in a rebate. Plus putting a deadline to mail in the rebate reduces the chances of the (idiots) to even realize they were duped. We win, the retailers win, and even the postal workers win..." -Marketing Genius
--
Splat
ak3883

join:2005-08-20
Portsmouth, RI

to the band

I've gotten these a couple times, and have just taken them to my credit union and treated them as an envelope deposit, same as depositing multiple checks. Just put the card in the envelope and do a deposit at the ATM. Never a problem, the card clears a couple days later.
soitgoes2
Premium
join:2005-01-14
Reviews:
·Future Nine Corp..

Re: to the band

Hmmh...I tried taking a prepaid gift card to the bank once, but I was told that without a PIN, I couldn't deposit the funds.

I hate the rebate gift cards. I use them at the grocery store. I put a sticker on the front that allows me to track my spending and when I don't have enough left to cover the whole purchase, I have the clerk put exactly that amount on that card and pay for the rest with my credit card. Luckily, the cash register supports this type of transaction (and the cashiers know how to make it work!).

loadmaster

join:2001-01-10
San Jose, CA

Used to pay my AT&T Bill

When AT&T wireless issued me 2 of these cards I just went to the wireless store and payed my bill with them. I had a credit for 2 months which was ok with me.

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