Filed under: Business, Internet, Web services
Selling on eBay without an auctioneer's license?
If you're outside of Pennsylvania, you have nothing to worry about, probably. But one Pennsylvanian woman who started selling goods on eBay to stay at home with her daughter who was diagnosed with a brain tumor, is being prosecuted by the state of Pennsylvania for not having an auctioneer's license.The story essentially boils down to the idea that people who are doing well on eBay in Pennsylvania need to be regulated, and at this point it looks like suing them for not having a costly auctioneer's license is the way it's going to happen. So far, only two people have been hit, apparently to make a legal point.
Correct us if we're wrong, but isn't eBay technically the auctioneer, while sellers are just people/businesses putting items up for auction? Now whether this is just a case of misguided bureaucracy or a way to create some commotion in order to get online auction related legislation in place, this seems rather wrong.
If she was dodging taxes on her at-home business, that is one thing, but from the looks of it, she's getting sued over a point which technically doesn't even apply to her. But then again, there are those who think the Internet is a "series of tubes."
[via Techdirt]
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Reader Comments (Page 1 of 1)
Victor Agreda Jr said 9:21AM on 2-05-2008
Gotta love it when overzealous prosecutors want to make their mark in the world.
Also a great way to stimulate the economy-- way to go PA!
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TURNERSVILLE said 8:47AM on 2-05-2008
That is just another reason why I am a conservative Republican. We don't think Government should go after success!! The same goes for paying more taxes because you work harder!! Can't wait for the Liberals response to this (yes the law was made by democrats)
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Peter said 9:08AM on 2-05-2008
This is just one of the many protectionist laws we have here in Pennsylvania. This one, like many others is designed to protect PA businesses from too much competition from out of state businesses.
We used to have a tax here that taxed the ownership of stock of PA-based companies differently from the stock of out of state companies. That was eventually repealed based on it being a violation of some federal commerce statute.
I predict this one will go the same way.
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DiRT said 9:16AM on 2-05-2008
So "series of tubes" is stupid, but "network of pipes" is OK?
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threecomps said 10:51AM on 2-06-2008
Technically, eBay is not the auctioneer. eBay is just the medium chosen to advertise your goods and services. My local newspaper has several pages of auction listings, but they are not the auctioneer. Likewise, eBay with several million listings, is not the auctioneer, they are just one great big classified advertising network.
BTW, I heard but have not confirmed that PA dropped the charges yesterday afternoon.
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Peter said 9:38AM on 2-07-2008
Yes they did drop the charges against her, but left them in place against another person. (http://www.philly.com/philly/business/15390602.html)
The crux of the problem was that you needed a license if you were making a commission selling other peoples' stuff. You didn't need one if you were selling your own stuff.
They also are working on either modifying the law or exempting Internet-based auctions.