<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by QuietLion:
So it looks like as long as he makes note of the fact that buying/selling miles is against the airline rules it would be legal under that California statute.</font>
No QL; it just would not constitute deceptive advertising just as it could not constitute fraud [inasmuch as "reliance" is one of the essential elements of a fraud action].
An earlier post indicated the sale of bartered airline tickets secured by means of redemption of frequent flyer miles in violation of an airline's T&Cs was unlawful in California.
Similarly an agreement between 2 or more persons to commit an unlawful act which is part of a series of other acts ultimately leading to the unlawful selling of airline tickets secured with frequent flyer miles might also be unlawful [as a conspiracy] even though the sale of frequent flyer mileage per se might not technically have occurred.
The point here is that at least in California the sale or barter of frequent flyer mileage that violates the rules of the issuing airline may very well be unlawful under several different theories.
[This message has been edited by smarten (edited Dec 08, 2003).]