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.