macandjan
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posted on September 21, 2000 06:09:03 PM
[ edited by macandjan on Dec 4, 2000 12:18 PM ]
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Empires
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posted on September 22, 2000 06:19:29 PM
eBay does have rules ... however, they rarely enforce them, even their own. Generally, if it's not financially profitable for them to bother with, they won't. Customer service at ebay is at an all time low. Yeah, you'll get responses from them. But, the answers are the most unprofessional I've seen out of them in the last couple of years. Something tells me they are getting alot of complaints to make their employees snappy..or the air conditioning is broken. Ebay sets itself up for so many problems they should be avoiding. The crash is about to come. Actutally I'm glad they got stung on this and feel bad for the sellers who had good intentions for their buyers (cig's aside).
[ edited by Empires on Sep 22, 2000 06:21 PM ]
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Borillar
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posted on September 22, 2000 06:52:04 PM
http://www.freep.com/news/mich/date21_20000921.htm
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upriver
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posted on September 22, 2000 07:59:01 PM
Well, sales of tobacco are definitely prohibted on eBay, though I don't see how anyone could figure out the age of any buyer using a credit card.
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dman3
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posted on September 22, 2000 08:05:27 PM
NO it is no longer safe to assume that because a person uses a credit card number to pay that they are not a minor.
both visa and master card offer a credit card like service for teens and young kids that get no billing and requires no credit checks no interest.
it is simply funded from mom or dads checking account to the amount they have decide on. it works just like any credit card up to the amount it is funded to then must have more deposited into the account to use it again.
its marketed as a great idea so kids dont have to carry cash they might lose or over spend and get caught out with out no money stranded ect.
this is just one of a few ways minor can purchase with credit cards. another way today is with a debit card from a bank checking account many minors work and have a debit card with there checking and even passbook accounts they work just like credit cards one could even sell on ebay this way since a visa or master debit card will register as a valid CC #.
also the word minor varys in many ways in many states like NY you only have to be 18 yrs old to buy cigs 21 to buy beer 16 to drive 15 with a permit to work in many jobs.
but even a new born can have a saveings or checking account with a debit card as long as you have a SS# and some form of a direct deposit is made in that account.
most cig companys now wont even send coupons inless you send valid picture ID or drivers licence this is some garentee but these can be faked when not use in person.
inforceing these TOS's really has less to do with profit and what they stand to make as it does with how dificult it is to enforce.
with Website TOS its more of a trust then Enforcement. auctions and so on here tend to work on a virtual law untill the money and goods are in the mail. then state and fedral laws apply in all matters.
and from some of the auction TOS I have read in listings and on these board its definately virtual Some of these TOS's were never grounded in reality for sure 
WWW.dman-n-company.com
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auctionee
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posted on September 23, 2000 12:21:48 PM
"Did these sellers not have a reasonable expectation that someone who had a credit card to use was an adult?"
According to the latest supreme court ruling I've read...YES they did.
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bmurz
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posted on September 23, 2000 12:48:49 PM
Pretty interesting story, but I don't think much will come from it. On the Ebay registration page it clearly states you must be 18 years old to create an account. If someone lies about that, then they are at fault. As a registered user, we should all assume that everbody else is at least 18 years old. I know assumptions shouldn't be made, but that is the rule that is spelled out clearly.
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Empires
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posted on September 23, 2000 01:19:06 PM
auctionee- Can you show us a URL to the ruling you mention. I'd like to read it.
Thanks in advance!
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dman3
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posted on September 23, 2000 03:26:31 PM
hmmm Just read this story Frist its not related to Ebay at all and its not auction related at all.
second it dont state that they gave no one credit cards to make purchases.
it does say how every they were charge with targeting sales to childern and not rightly reporting the cigs sales in MI.
WWW.dman-n-company.com
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auctionee
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posted on September 23, 2000 06:45:49 PM
"Can you show us a URL to the ruling you mention. I'd like to read it."
The concept of adult verification by means of credit card was applied in The Child Online Protection Act of 1998. 47 U.S.C. 231
http://www4.law.cornell.edu/uscode/47/231.html
[ edited by auctionee on Sep 23, 2000 06:46 PM ]
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toomanycomics
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posted on September 23, 2000 06:47:58 PM
Good ol' Michigan, for a minor (pun intended) state, they got gall 
********
dancing party at http://www.auctionwatch.com/mesg/read.html?num=28&thread=31116
[ edited by toomanycomics on Sep 23, 2000 06:49 PM ]
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