Originally posted by
blueeyes_austin:
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">California can write that statute, but what bearing can it possibly have on, say, a transaction a California resident enters into in Texas, under Texas law?</font>
By your citation to
International Shoe and the other two cases, you must be aware that the "location" of the frequent flyer mileage sale (including mail and internet transactions) is but one of the factors to be taken into consideration.
Your hypothetical was too short on facts to determine "purposeful availment" of the forum. Is the buyer or seller the California citizen? Who initiated the transaction? What is the frequent flyer program's forum? Etc., etc. My point is that a blanket statement about California having no interest is overbroad. You need to consider all the facts for any particular contemplated transaction.
On the other hand, likewise, no one has convinced me that all such frequent flyer mileage sale transactions are inherently subject to or amenable to criminal prosecution, even if California does have jurisdiction.
Either hire a lawyer, figure out by yourself how to do it legally, or don't get caught. Given that the former may be cost-prohibitive, you are left with the latter alternatives. Or don't do it.