Discussion Forum: Thread 311473

 Author: jfksdca View Messages Posted By jfksdca
 Posted: Oct 26, 2021 05:26
 Subject: "Legal" for US seller to not ship to CA?
 Viewed: 161 times
 Topic: Help
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

jfksdca (111)

Location:  USA, California
Member Since Contact Type Status
Nov 2, 2020 Contact Member Buyer
Buying Privileges - OK
The seller in question will ship to every state but CA? Is this allowed?
 Author: SezaR View Messages Posted By SezaR
 Posted: Oct 26, 2021 05:34
 Subject: Re: "Legal" for US seller to not ship to CA?
 Viewed: 67 times
 Topic: Help
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

SezaR (1392)

Location:  Canada, British Columbia
Member Since Contact Type Status
Jan 15, 2015 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Sezar's trains
In Help, jfksdca writes:
  The seller in question will ship to every state but CA? Is this allowed?

No, this is a crime and it has at at least 5 years behind the bars.
 Author: SylvainLS View Messages Posted By SylvainLS
 Posted: Oct 26, 2021 05:45
 Subject: Re: "Legal" for US seller to not ship to CA?
 Viewed: 71 times
 Topic: Help
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

SylvainLS (46)

Location:  France, Nouvelle-Aquitaine
Member Since Contact Type Status
Apr 25, 2014 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store Closed Store: BuyerOnly
BrickLink Discussions Moderator (?)
In Help, jfksdca writes:
  The seller in question will ship to every state but CA? Is this allowed?

If a seller does not propose an onsite payment method (PayPal Onsite or Stripe),
then BrickLink can’t fulfill its obligation to collect the sales tax from buyers
in California (or from one of the 40-some other US states that have sales tax
and a marketplace law that makes BL responsible for tax collection).

When there’s no shipping method linked to an onsite payment method, the website
says “seller does not ship to you” instead of “you can’t pay the tax on BL, therefore
you can’t buy from this seller.”
 Author: SezaR View Messages Posted By SezaR
 Posted: Oct 26, 2021 06:04
 Subject: Re: "Legal" for US seller to not ship to CA?
 Viewed: 70 times
 Topic: Help
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

SezaR (1392)

Location:  Canada, British Columbia
Member Since Contact Type Status
Jan 15, 2015 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Sezar's trains
  When there’s no shipping method linked to an onsite payment method, the website
says “seller does not ship to you” instead of “you can’t pay the tax on BL, therefore
you can’t buy from this seller.”

I hope BL can change this message to reduce confusion.
 Author: cosmicray View Messages Posted By cosmicray
 Posted: Oct 26, 2021 06:53
 Subject: Re: "Legal" for US seller to not ship to CA?
 Viewed: 75 times
 Topic: Help
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

cosmicray (3492)

Location:  USA, Florida
Member Since Contact Type Status Collage
Oct 1, 2000 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
View Collage Pic
Store: Cosmic Toys
In Help, jfksdca writes:
  The seller in question will ship to every state but CA? Is this allowed?

What makes you believe they will ship to every other state ?

Nita Rae
 Author: runner.caller View Messages Posted By runner.caller
 Posted: Oct 26, 2021 11:19
 Subject: Re: "Legal" for US seller to not ship to CA?
 Viewed: 60 times
 Topic: Help
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

runner.caller (2650)

Location:  USA, South Dakota
Member Since Contact Type Status
Jan 18, 2014 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: A Minifig Galore Store
In Help, jfksdca writes:
  The seller in question will ship to every state but CA? Is this allowed?

It's definitely legal to not ship to CA.
Usually, it's done by some larger retailers to avoid CA's prop 65 law
that only seems to benefit the lawyers.

"According to settlement data released by the California Office of the Attorney
General, in 2019, 909 businesses paid close to $30 million to settle Proposition
65 claims asserted against them... Of this staggering sum, almost $24 million,
or 80%, went directly into the pockets of plaintiffs’ lawyers."


So CA sets up this law about warning labels. and then predatory private enforcers
team up with lawyers to make claims against businesses and then the businesses
usually end up paying gobs of money to settle the claims.

"Violations of Prop 65 are subject to civil penalties of up to $2,500 per
day for each violation. This statute may be enforced by the California Attorney
General, local district and city attorneys, or private citizens if the state
declines to do so or does not act within 60 days after it is notified of an alleged
violation. Success in such a suit entitles private citizens to 25% of any penalties
assessed by the courts and possibly attorneys' fees (often referred to as
bounty hunters fees). Businesses paid more than $29 million to settle Proposition
65 lawsuits in 2014, a 68% jump from 2013, according to the California Attorney
General's office. Of the $29 million, 71% went to trial lawyers."
 Author: Teup View Messages Posted By Teup
 Posted: Oct 26, 2021 11:45
 Subject: Re: "Legal" for US seller to not ship to CA?
 Viewed: 62 times
 Topic: Help
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

Teup (6602)

Location:  Netherlands, Utrecht
Member Since Contact Type Status
May 6, 2004 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: BLOKJESKONING
In Help, jfksdca writes:
  The seller in question will ship to every state but CA? Is this allowed?

As long as he's not shipping to people living in CA and not people
born in CA, that's legal
 Author: Adjour View Messages Posted By Adjour
 Posted: Oct 26, 2021 16:26
 Subject: Re: "Legal" for US seller to not ship to CA?
 Viewed: 51 times
 Topic: Help
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

Adjour (2463)

Location:  USA, Tennessee
Member Since Contact Type Status
Aug 1, 2016 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: The Chili is a Bit Spicy
In Help, jfksdca writes:
  The seller in question will ship to every state but CA? Is this allowed?

I ship to CA and get many many Cali buyers because of other stores with this
restriction


I'm also orignally from Southern Cali, not that it matters