Posted By:
Kenny ColeJosh,
That must be the defense lawyer in you coming out. This is real simple: If you say you spent $500 on the card, and you actually spent $300, and you say that in order induce a buyer to pay more than $500, that is a LIE. It isn't puffery, because the reason that you have lied is to fatten your pocketbook, they know that the statement is false, and the buyrer relies on that statement when making the purchase. Such a statement is pretty much fraud under the laws of any state that I am aware of. Do you disagree that a false statement, made wtih knowledge, intended to induce the purchaser to make a purchase based upon a false impression, is not fraud?
I don't post here too much anymore, and Leon's new rule is not going to affect me at all. I could basically give a **** about it. But, your statement is just stupid and wrong. Mark is absolutely right, and I am embarrased that you would even try to dispute it. I would get summary judgment on your ass if that was the best argument you could make, and, apparently, it is. If you are going to act like a lawyer, then go figure out what the law is before you say ignorant **** like that. Feel free to respond.
Kenny Cole