Is it legal to run an ad offering percentage commission off ebay sales for another?
Full Question:
Answer:
Offering a service for the sale of another person's property is not in and of itself illegal. The offer for service can be made through print, electronic or verbal media. However, it may be helpful to know that there are laws in Alabama prohibiting false advertising.
Section 13A-9-42 — False advertising.
(a) A person commits the crime of false advertising if, in connection with the promotion of a sale, transfer, consumption or use of property or services, he makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.
(b) It is a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly in making the false or misleading statement or in causing it to be made. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
Therefore, an ad for any service would want to be sure the offer matches what the service entails, perhaps including any hidden fees (like fees required by ebay).
(c) False advertising is a Class B misdemeanor.
