Legal Question in Business Law in California
Should the FCC rules governing auctions apply to items sold on online auction sites, such as eBay? Why or why not? How can you know whether eBay�s auctions are �with reserve� or �without reserve�?
2 Answers from Attorneys
The FCC? Don't you mean the UCC? If you are bidding on an eBay item, the listing will tell you "Reserve not yet met" if the auction is with reserve. If the bidding has gone past the reserve amount, this notation is removed. eBay won't tell you what the reserve amount is. Another way to have an auction with reserve on eBay is to specify a minimum bid.
The Federal Communications Commission, or "FCC," is involved in the conduct of auctions by its process of auctioning off the right to use parts of the electromagnetic spectrum -- particular frequencies -- to broadcasters and industrial users of telecommunications, etc.
Insofar as I know, the FCC does not regulate the conduct of merchandise auctions such as are conducted by eBay, even though eBay and others do transmit sale information and receive bids over FCC-regulated communications systems such as telephone companies' facilities.
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