Quote:
Originally Posted by RichardSimon
(7) Indicate whether the item was autographed in the presence of the dealer and specify the date and location of, and the name of a witness to, the autograph signing.
(8) Indicate whether the item was obtained or purchased from a third party. If so, indicate the name and address of this third party.
How the hell does anyone supply the name of the witness to the autograph signing of Teddy Roosevelt, Babe Ruth, Lou Gehrig, Ty Cobb,, etc.
This law is screwed up badly and I am discussing any possible ramifications with my attorney.
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The attorney would know for sure, but as I read it the date, time and name of a witness is only for stuff the dealer saw signed. Everything else would just be something purchased from a third party. Still a pain in the backside, as that now requires a bunch of record keeping.
The law as I see it also forbids signed cards in packs since they obviously can't contain all the required info like date of sale and price.
To me this next bit seems worse.
Quote:
Originally Posted by RichardSimon
(c) A dealer shall not represent an item as a collectible if it was not autographed by the personality in his or her own hand.
(d) No dealer shall display or offer for sale a collectible in this state unless, at the location where the collectible is offered for sale and in close proximity to the collectible merchandise, there is a conspicuous sign that reads as follows:
“SALE OF AUTOGRAPHED MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.”
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So if it's got a printed signature or even no signature you can't say it's collectible?
And/or if someone has collectibles that aren't signed they still have to have the warning sign?
Since so many things are collectible, that means pretty much every store in CA including retail.
A pretty miserable law in a lot of ways. I can see what they were trying to do, but they should have put more than 15 minutes into thinking about how to do it.
Steve B
04-28-2017, 08:09 PM
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