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Can you outline the law a company or individual would be breaking if you pretended to sell something to someone and didn't charge them for it without giving a s
by kordless 14y ago
Can you outline the law a company or individual would be breaking if you pretended to sell something to someone and didn't charge them for it without giving a solid reason?
Given you didn't save their credit card, issue a receipt stating payment was received in cash, or accused them of a crime what exactly is the crime being committed here?
Perhaps more hoax than fraud?
- cmccabe 14y agoCan you outline the law a company or individual would be breaking if you pretended to sell something to someone and didn't charge them for it without giving a solid reason? Probably section 17200 and 17500 of the California code. If you create the impression that a transaction has taken place, without actually performing one, that is fraud.
- mooism2 14y agoIANAL but breach of contract. You have made an offer through your website, the customer has accepted that order through your website, at which point by default a contract exists between you. You can wiggle round it a bit with your T+Cs, but if you are giving them every impression that a contract exists which you can fulfil then they are allowed to rely on a contract existing. If you've made no attempt to charge their card, that's your fault, not something you can blame on the customer. If there were too many false positives I would also expect to attract attention from Trading Standards --- false advertising? --- and they might be satisfied that you're making honest mistakes, or they might insist that you overhaul your fraud detection procedures or your customer communications, but either way they will suck up some of your time. (This is from a UK perspective.)