A few years back we wrote about states that were passing inexplicable laws requiring anyone selling goods on eBay for others to get an auctioneer’s license, something that can be quite costly and sometimes requires a long-term apprenticeship. It appears just such a law is being used in Pennsylvania to go after a very successful eBay seller (via the Agitator).
The story in that case is even more ridiculous, since the woman in question only began selling goods on eBay in order to be able to stay at home with her young daughter who was diagnosed with a brain tumor. Even though the woman stopped (and got a job outside the home) as soon as the state notified her that she was illegally selling goods, the state is still moving forward prosecuting her. While the state told the reporter that the maximum fine the woman faced is only $2,000, her lawyer read the charges in a way that suggested she could be on the hook for up to $10 million.
Of course they are going to send her up the river. Anyone attempting to use the barter and trade method of commerce is obviously a non taxpaying terrorist.
Stay in the box the Gov has painted for you, and you will be just fine………
Hmmm, wonder if Ebay might have an interest in helping with her defense?
EFF?
You would think that Ebay is considered the “auctioneer”. She isn’t the one taking bids – the site is.
Also, doesn’t this bring in to question the legality of selling with a classified ad that says “$500 O.B.O.”? The person willing to take offers on a classified item is in the same territory as the one using ebay auctions to sell goods.
You always gotta give Uncle Suga’ his cut! or else!
I don’t understand. Why would I need an auctioneer’s license to place something on an auction site for myself or someone else? It’s not like I’m conducting the auction itself.
What bothers me is why someone feels the need to ruthlessly find an excuse to prosecute.
Since, for a fee, eBay is providing the platform which performs the auction function (and in the case of PayPal payments, the transactions, as well) that eBay should be considered to take on the role of auctioneer, rather than each seller.
What ever happened to …to promote the general Welfare… taken from the preamble of the U-SofA Constitution?
Well obviously the “We” in “We the People…” is not meant to be the people in the general population…it’s the people in government and big business.
Yep…GOUSA is on the sofa watching the game, call back later.
Cheers
Pennsyltuky must not be part of the U.S.A anymore.
Don’t almost all goods at an auction belong to someone other than the auctioneer?
I have never been to an auction where the person who who owned the merchandise actually conducted the auction. Instead the owner provides the merchandise and sets the minimum price, the auctioneer takes a cut.
How is eBay any different?
If they go after this woman they should prosecute anyone who places and item up for auction in an estate sale. If applied constantly on and off-line this would effectively end auctions in Pennsylvania.
A LOT more of these asshats who pretend to to be public servants need to be introduced to the business end of a Louisville slugger by random concerned citizens. This will enhance their understanding of what actually criminal activity can be defined as.
It’s easy to see eBay is the auctioneer, and that the lady is meerly the one who has it. When someone auctions in a traditional sense, the owner isn’t the person up there with the gavel yelling into a microphone. If I were her I would counter-sue.
How much more with the american public get pushed until we all just riot?
#13 the answer said
You’re kidding right? Americans would first have to put down the Cheetos, turn off the TV and get up out of the sofa… “Awwww, hell with it, I’ll just bitch about it at work tomorrow, ‘LOST’ just came on.”
ACWAI (Ack-why) Americans, the Collective Wisdom of Average Ignorance.
Cheers
There is exactly zero doubt about the reality of the situation; eBay exists for the very purpose of conducting auctions on behalf of parties with goods and services to sell. That is the definition of an auctioneer. The party with the goods is a consignor, not an auctioneer, not by any stretch of the definition.
I’m gonna dig a little and see exactly who this moron prosecutor is…
…no fingerprints, just an obsessed bureaucrat, it appears.
They make a big deal about how it’s not HER stuff she sells, but OTHER people’s… guess what, that still doesn’t make her an auctioneer. The name of her business, D&J Virtual Consignment, contains a very obscure, subtle clue in a word starting with ‘C’. She takes stuff on consignment and gets it sold, for a 30% cut, by passing it to an auctioneer. eBay is still conducting the auctions, she isn’t.
The fact that there’s even someone stupid enough in government to be incapable of grasping that fact is massively depresssing. I mean, if my kid got something that obvious that wrong, I’d slap him from here to Pennsylvania. (jk)
Hello, Taxes.
That’s all they want.
If you go through the process to get a license, you obviously are running a business, and should be paying sales tax. If not, they will look into why you aren’t.
Don