Originally posted by
smarten:
<font face="Verdana, Arial, Helvetica, sans-serif" size="2">So you see that in California, it very well may be unlawful to sell, offer to sell, conspire with others to sell or offer to sell air travel, frequent flyer mileage, air tickets secured with frequent flyer mileage; whether or not registered as a seller of travel; or whether or not full disclosure is made that the sale of air travel procured in this manner violates the airlines' terms and conditions.</font>
Could you explain why registration and disclosure wouldn't cure the "violations?"
Also, mightn't the "travel seller" registration have at least an implicit exemption for non-commercial transactions, or people selling their own miles (non-brokers), at least to the effect that an absolute prohibition might constitute an unconstitutional "taking" by the State? People who sell their own homes needn't be registered, though they must comply with disclosure laws, building code provisions, etc. Is the FSBO exemption statutory, too?
I'm not asking you do the research. (Unless you want to.
I wouldn't expect any case law, that's for sure.) I'm merely suggesting that criminal liability is
by no means certain for an individual who does not sell miles more than once.