I am not an attorney but I live with one. Here is some free legal advice. Bear in mind that free legal advice is worth exactly what you paid for it.
There are two key concepts here: RPPSSC and Superior Knowledge. RPPSSC means reasonably prudent person in same or similar circumstances. It's a theory that says you should do what any RPPSSC would do. Of course, that is not defined, per se. Superior Knowledge is the theory that as a merchandiser, professional, service provider, etc., you know what you are doing better than anyone else, including the good, the bad, and the ugly. You would have a tough time claiming ignorance. So the answer is that you should make every reasonable effort to verify the age of your customer if that has any bearing on the transaction you are consumating, as well as any other precautions and disclosures that would be appropriate. My guess is that if the kid "stole" the parents' personal info in order to appear being of legal age, there is mitigation, but not absolution. The linked story does not have enough detail to warrant further analysis particularly since it is purely conjecture and (s)peculation. HALinNY -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Stephen Russell Sent: Tuesday, June 20, 2006 13:34 To: [email protected] Subject: [NF] Is MySpace at fault? Is it the vendors responsibility to VALIDATE the age of the user? <http://www.theregister.co.uk/2006/06/20/myspace_sued/> I hear our customer support gals talk to parents all the time about the child taking the parents checking account info and using it for online porn. Probably 20-50 pissed off parents a week. And our client base is nowhere in scope compared to MySpace. Stephen Russell DBA / Developer Electracash, Inc. 5100 Poplar Ave. Suite 2518 Memphis, Tennessee 38137 1-901-684-0348 Email: [EMAIL PROTECTED] www.electracash.com The real art of conversation is not only to say the right thing at the right time, but also to leave unsaid the wrong thing at the tempting moment. [excessive quoting removed by server] _______________________________________________ Post Messages to: [email protected] Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
