Calif's Autographed Sports Card/Memorabilia Law

[Archive]

Posted By: Robert Plancich

Pursuant to Section 1739.7 " SALE OF AUTOGRAPHED SPORTS MEMORABILIA AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED FOR TWENTY-FIVE DOLLARS ($25) OR MORE 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 THE DEALER."

"COLLECTIBLE" Means an autographed sports item, including, but not limited to, a photograph, book, ticket, plaque,sports program, TRADING CARD, item of sports equipment or clothing, or other sports memorabilia sold or offered for sale in or from this state by a dealer to a consumer for $25 or more.

"DEALER" means a person who is in the business of selling or offering for sale collectibles in or from this state, exclusively or nonexclusively, or a person by his or her ownoccupation holds himself or herself out as having knowledge or skill peculiar to collectibles , or to whom that knowledge or skill may be attributed by his or her employment of an agent or other intermediary that by his or her occupation holds himself or herself out as having that knowledge or skill. "DEALER" includes an auctioneer who sells collectibles at a public auction auction, and also includes persons who are consignors or respresentatives or agents of auctioneers.

The Certificate of Authenticity shall be in writng and shall be signed by the dealer or his or her authorized agent. This certificate of authenticity shall be in at least 10-point boldface type and shall contain the dealer's true legal name and street address. Each certificate of authenticity shall do all of the following:

(1)Describe the collectible and specify the name of sports personality who autographed it.

(2)Either specify the purchase price and the date of sale or be accompanied by a separate invoice setting forth that information.

(3)Contain an express warranty, which shall be conclusively presumed to be part of the bargain, otf the authenticity of the collectible. This warranty shall not be negated or limited by reason of the lack of words such as "warranty" or "guarantee" or because the dealer does not have a specific intent or authorization to make the warranty or because any statement relevant to the collectible is or purports to be, or is capable of being, merely the dealer's OPINION.

(4)Specify if the collectible is offered as one of a limited edition and, if so, shall specify (A) how the collectible and edition are numbered and (B) the size of the edition and the size of any prior or anticipated future edition, if known, or if not known, the certificate shall contain an explicit statement to that effect.

(5)Indicate whether the dealer is surety bonded or is otherwise insured to protect the consumer against errors and omissions of the dealer and, if bonded or insured, provide proof thereof.

(6)Indicate the last four digits of the dealers resale certificate number from the State Board of Equalization.

(7)Indicate whether the item was autographed in the presence of the dealer.

(8)INDICATE WHETHER THE ITEM WAS OBTAINED OR PURCHASED FROM A THIRD PARTY. IF SO, INDICATE THE NAME AND ADDRESS OF THIS THIRD PARTY.

Any consumer injured by the failure of a dealer to provide a certificate of authenticity containing the information required by this section, or by a dealer's furnishing of a certificate of authenticity that is false, shall be entitled to recover, in addition to actual damages, a civil penalty in an amount equal to 10 times actual damages, plus court costs and reasonable attorney's fees incurred by the consumer in the action. The remedy specified in this section is in addition to, and not in lieu of, any other remedy that may be provided by law.