Player breaks that don’t hit any cards question

[McSizzle81]

You entered a break, didn't hit, and now you think you get your money back? You're SOL brother. Sucks but that's the game

[whitmm]

Originally Posted by OhioLawyerF5

What an absurd argument: if it's illegal, you should take it down yourself, or it's not illegal.

I work in the field. The fact that resources aren't thrown into prosecuting certain things has very little to do with whether there is actually a violation.

Again, lead the charge. Sports cards are a multi-billion dollar industry.

You continue to ignore the stuff I say about Ebay, why is that? Maybe because you know that their legal team might know what they are doing? Maybe there's good reason as to why they straight up say that there's a possibility that you would receive nothing and that while some might offer a "hitless" guarantee or a consolation prize, it is not required. And how they specifically refer to the accompanying sweepstakes. And how they state that they make sure the breaks follow all applicable laws. We aren't talking about some small breaker flying under the radar, we're talking about Ebay here.

I love that you think their policies (set to ensure government regulations) would knowingly violation government regulation. I really don't care that you are a lawyer, that's absolutely ridiculous.

So yeah, I'm not ever going to agree with you that breaks, in general, violate gambling laws.

[JWBlue]

BO mob out in full force

[OhioLawyerF5]

Originally Posted by whitmm

Again, lead the charge. Sports cards are a multi-billion dollar industry.



You continue to ignore the stuff I say about Ebay, why is that? Maybe because you know that their legal team might know what they are doing? Maybe there's good reason as to why they straight up say that there's a possibility that you would receive nothing and that while some might offer a "hitless" guarantee or a consolation prize, it is not required. And how they specifically refer to the accompanying sweepstakes. And how they state that they make sure the breaks follow all applicable laws. We aren't talking about some small breaker flying under the radar, we're talking about Ebay here.



I love that you think their policies (set to ensure government regulations) would knowingly violation government regulation. I really don't care that you are a lawyer, that's absolutely ridiculous.



So yeah, I'm not ever going to agree with you that breaks, in general, violate gambling laws.

Why would I lead the charge in something I don't care about?

Further, if we take your logical fallacy that because ebay's legal team seems ok with them permitting breaks it means it must be legal, then by the same token, the fact that every card manufacturer puts No Purchase Necessary on every box and allows an alternate method of entry, that must mean opening a box of cards violates the gambling laws without it. Why is it that they do that if it's not required? I wonder. Hmm....

Good thing it doesn't matter if you agree. Being wrong has never stopped you before.

I've told you the facts. You can choose to believe it or not. I won't be responding again. It's like talking to a brick wall.

[Chrominator]

Originally Posted by seanbros55

This is a troll post, right?

I mean, what kind of turd with 9000 post starts this thread?

Don't feed em!

[whitmm]

Originally Posted by OhioLawyerF5

Why would I lead the charge in something I don't care about?

Further, if we take your logical fallacy that because ebay's legal team seems ok with them permitting breaks it means it must be legal, then by the same token, the fact that every card manufacturer puts No Purchase Necessary on every box and allows an alternate method of entry, that must mean opening a box of cards violates the gambling laws without it. Why is it that they do that if it's not required? I wonder. Hmm....

Good thing it doesn't matter if you agree. Being wrong has never stopped you before.

I've told you the facts. You can choose to believe it or not. I won't be responding again. It's like talking to a brick wall.

You don't care about it? Yet here you are, constantly talking about it. Insisting that breaks are illegal gambling. It's so weird that you continue to comment about sports cards and the industry and the whole hobby if you don't care about it. Because breaking has a huge impact on everything sports card related.

So lead the charge lawyer. I don't need to know any of your case history to know that you taking on Fanatics and Ebay and changing the entire landscape of the sports card industry would be the biggest thing you've ever done in your lawyering career.

You are wrong. This whole back and forth is about the "do they have to send something legally if someone is skunked?" The answer is no.

It's truly amazing that you think eBay would put something in their policy that is in clear violation to federal law.

Again, if you are so damn sure that breaks are illegal, do something about it. You talk a big game, but you know damn well that you'd lose the case.

Breaks aren't illegal and a breaker is not legally required to send something.

And I really don't want to hear about how these people are big enough for anyone to care. You can find plenty of stories about them going after small organizations that run raffles to raise money.

[smapdi]

I think legally, you are required to win something. The thing that separates buying a pack of cards from gambling is that you get something for your money. When you gamble, there's a chance you will win nothing (aka "losing"). But when you buy a pack of cards, you get just that: a pack of cards. The value of said cards is immaterial, though that's what people who get hooked on ripping boxes cry about. There was a lawsuit back in the 90s, IIRC about it. Some kids spent thousands on boxes and got hundreds of dollars worth of cards and their dad sued the card makers. The judge just said that they got what they paid for, and if that's not what they hoped for, suing for it is not the solution. If you enter a break and have a chance of getting zero hits, I think that's legally gambling and should not happen, even if that's skirted by offering the losers something extra. That's why ebay break listings were like "this auction is for a blank 3x5 card but as a bonus you get entered into this break."

So, whether legally or just out of good manners, I'd expect the breaker to send you something, especially if they charge for shipping and don't want to refund it. But it's the wild west out there and people seem used to getting just completely hosed now. Entering a team break, or even a player break, with products where there are 5 cards in the box or whatever, people need to get their heads straight.

[Archangel1775]

Which option have you decided?
A. Take the L
B. Request $4 shipping or base cards
C. Credit Card Charge back
D. Sue eBay for meelions

[jjcan]

Originally Posted by Archangel1775

Which option have you decided?
A. Take the L
B. Request $4 shipping or base cards
C. Credit Card Charge back
D. Sue eBay for meelions

Or E

Step 2: Enter another break with them, win and actually get something shipped and it still sucks vs the $4.00 you spent. Then your down $8.00 but you got something.
then
Enter another break with them, win and actually get something shipped and it still sucks vs the $4.00 you spent. Then your down $12.00 but you got something.
then
Enter another break with them, win and actually get something shipped and it still sucks vs the $4.00 you spent. Then your down $16.00 but you got something.
then
Enter another break with them, win and actually get something shipped and it worth $20. Then your Even (plus your got somethings) for the 5 breaks.
then
Repeat Step 1

[JoshMN]

Originally Posted by Archangel1775

Which option have you decided?
A. Take the L
B. Request $4 shipping or base cards
C. Credit Card Charge back
D. Sue eBay for meelions

You forgot:

E. hire a lawyer from Ohio and take down the breaker industry like some kind of trading card Erin Brockovich

[whitmm]

Originally Posted by Archangel1775

Which option have you decided?
A. Take the L
B. Request $4 shipping or base cards
C. Credit Card Charge back
D. Sue eBay for meelions

The only correct option is to begin the class action lawsuit.

There's a reason none of the state gaming commissions or the federal agencies that oversee gambling/lottery/sweepstakes haven't done anything. If it's apparent that it clearly illegal, these commissions should be just raking in the cash. And if they have time to go after a small town United Way for not having proper licensing to run a fundraising raffle, they have time to go after breakers

[Triple B]

Originally Posted by JoshMN

You forgot:

E. hire a lawyer from Ohio and take down the breaker industry like some kind of trading card Erin Brockovich

I believe the name of the state is "Skibidi Ohio". According to my kids, anyway.

[cfern023]

What happened sucks, but to be honest- I have a bigger problem with this:

Selling player spots in a break when a player isn't in the product.

I've seen a few breakers do that. AMT Memorabilia for instance. Can't remember the product but if they are in here they can go thru their ebay messages.

[whitmm]

Originally Posted by cfern023

What happened sucks, but to be honest- I have a bigger problem with this:

Selling player spots in a break when a player isn't in the product.

I've seen a few breakers do that. AMT Memorabilia for instance. Can't remember the product but if they are in here they can go thru their ebay messages.

Now there is something that I would call illegal.

[SaveMeTheGum]

Originally Posted by cfern023

What happened sucks, but to be honest- I have a bigger problem with this:

Selling player spots in a break when a player isn't in the product.

I've seen a few breakers do that. AMT Memorabilia for instance. Can't remember the product but if they are in here they can go thru their ebay messages.

I mean, the whole idea of breaks is to take money from stupid people...

[FTLFTL]

One thought: I've always wondered how breaks aren't unregistered securities. The Howey Test isn't really optional.