Who says the government never did anything for us?

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Posted By: warshawlaw 

I was researching another issue yesterday at work and came across the following CA law:

Business & Professions Code § 21671. Alterations or refurbishments; certificates; violations; penalties
(a) Any sports trading card that is altered or refurbished shall be accompanied by a certificate stating the exact work done to the sports trading card, the date the work was performed, the cost of that work, and the name, phone number, and address of the person who performed the work.
(b) Any person or agent thereof, who knowingly sells or trades a sports card in violation of subdivision (a), shall both:
(1) Refund to the buyer, the full amount paid for the altered or refurbished sports trading card or the full retail value of any nonmonetary consideration received in exchange for the altered or refurbished sports trading card, or both.
(2) Be liable to the buyer for a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Each card sold represents a separate and distinct violation.

I believe that ebay's basic agreement makes all transactions on ebay subject to California law. The next fraudulent dirtbag who cheats me with an altered card and refuses to make good is going to get a VERY nasty surprise delivered right to his door by a process server.

For those of you with a public service bent, you can paste and send the above statute to the fake card sellers of the world--might scare 'em straight.

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Posted By: Jay Miller

Adam---Aren't cutouts, al la libertyforall, altered "cards" and, if so, doesn't this statute require fuller disclosure in all their ebay listings?

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Posted By: Hankron

That would be absolutely hilarious if this law could be applied to libertyforall's auctions, and he had to provide a certificate detailing when and how he cut it from a magazine.

One of the libertyforall 'regulars' opperates out of San Diego.

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Posted By: Hankron

He'd be in a heap of hurt if this law was applied retroactively to all the 'cards' he's sold over the past couple of years (each card is deemed a separate violation).

As Leon once stated (in so many words), what goes around comes around-- and perhaps it will in this case.

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Posted By: Hankron

I temper my high spirits, by noting that it is not clear to me that this trading card law applies to magazine cutouts. Also, I am a bit familiar with California art fraud law (thanks in part to LA lawyer Adam), and think some of it is bogus.

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Posted By: Todd (nolemmings)

Er....... well some of them anyway. When was this law enacted? If it's been on the books for awhile, there may be recourse for older transactions. What's the SOL?
Hey, if Roy takes the position that the law does not apply to cut-outs, doesn't he have to concede that they are not cards? And if so, doesn't he have to re-categorize them on Ebay? Seems he can't have it both ways, and perhaps E-bay should be advised of this statute.

Even though it's only February, Warshawlaw appears to have the inside track for man of the year if this law gets put to good use. Nice job, Adam.
Regards...............Todd

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Posted By: warshawlaw

But is buried in the Secondhand Goods Law.

I don't know a specific limitations period; probably would have the general 2 year period applying to it.

I don't know that it would apply to cutouts, but there is a related law barring counterfeit cards, which are defined as "any card, produced for use in commerce, without appropriate licensing authority, which is a forgery, copy, or imitation of a legitimate sports trading card, produced without authority or right, and with the intention of passing the card for that which is original or genuine." So I suppose any counterfeit seller would be liable under this other statute. I'll take another look and see if Roy's crap falls over the line. In the meantime, the counterfeit law should stop anyone from counterfeiting cards and selling them as real.

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Posted By: Hankron

This law should add an interesting dimension to the future sale of the PSA8 T206 Honus Wagner, in part as the owner lives in California.

This post in no way should be construed as me offering an opinion as to whether or not the card has been altered-- as I am not. I'm merely suggesting that this law will add fuel to the hysteria that takes hold whenever this card is auctioned.

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Posted By: Julie

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Posted By: Brian C Daniels

It would be a blessing! getting rid on them on a search through the "Vintage" card catagory would be like getting rid of the "friggin" pop-ups on Network 54*** Damn both of them!