kingsnake.com Bad Business practices.

[homegrownherps]

I don't think their "going after" anyone, and I think its a good rule.

But how are the potential buyers going to be protected against people not using a fictitious name? Where can they go and check to see if their on the up and up ?
If there is a rule set in place to prove we're legit , then that same rule should apply to EVERYONE.

 

[hhmoore]

and that fact is accounted for in their policy. If I was doing business as Harald Moore's Snake House, I wouldn't have to provide them with anything

 

[homegrownherps]

They are making it all or none. If you want to do business under an assumed name and can't prove that you can legally "do business as" under that assumed name then you are relegated to doing business under your own name only.

So tell me ...how does this new rule stop the scammers and thieves if they can just go ahead make up a name ( a persons name ) create an fake account and just keep ripping people off.

 

[Wraith]

Believe me - I do understand the points being made about individual accounts, and the benefits of verifying identities...but IMO it isn't the same thing as making a ficticious name business prove they are a business. I guess the question is what does KS do if the name attached to the payment method doesn't match the name on the account? Will they allow Jim Keenan to register/pay for an advertising account in the name of Harald Moore? (btw - thanks, buddy!!!! ) I really don't know the answer to that...but if they do, then it adds more to those criticisms.

If Jim Keenan registered/paid for an advertising account then the account can only be in his name. He cannot register the account on behalf of someone else and have their name put on it instead. Poor Harald is stuck with having to register and pay for his own account. Now, I'm sure that if Jim Keenan tried to register the account pretending he were Harald but then paid for it with his own credit card, that would likely throw up red flags and KS would question the discrepancy. If Jim's CC was used to pay for Harald's account registration, then Jim not Harald is the technical owner of the account... and you are back to square one. Only Jim can advertise with the account and not Harald.

 

[Wraith]

So tell me ...how does this new rule stop the scammers and thieves if they can just go ahead make up a name ( a persons name ) create an fake account and just keep ripping people off.

Paypal is no longer a viable payment option. That leaves mainly credit cards, and personal checks to pay with I think. I highly doubt that a scammer will have access to multiple checking accounts in different names or multiple credit cards in different names with which to register the account under.

The NAME that you register and pay for the account with MUST be the name that is put in the ads. You cannot buy the account in one name and post ads with a different name.

 

[Wraith]

and that fact is accounted for in their policy. If I was doing business as Harald Moore's Snake House, I wouldn't have to provide them with anything

No, you would have to prove you have that as a legal DBA. If you were posting as Harald Moore's Snakes... then you would be fine. However, Harald Moore's Snake House would need a DBA.

Do I Need to Register?

Let's use as an example a fictional person named Bob Johnson. Bob has some geckos and supplies he wants to sell on our site, but he is not sure if he needs to be a Registered Business. We asked our legal department to tell us what Bob needs to do to sell his geckos and this is how they broke it down for us.

* If ads are posted as posted by Bob Johnson he will NOT need a registration
* If ads are posted as posted by Bob Johnson's Geckos he will NOT need a registration
* If ads are posted as posted by Bob Johnson's Albino Geckos he will NOT need a registration
* If ads are posted as posted by Bob Johnson's Starlight Geckos he WILL need a registration
* If ads are posted as posted by Bob's Geckos he WILL need a registration
* If ads are posted as posted by Starlight Geckos he WILL need a registration

 

[Jim O]

Paypal is no longer a viable payment option. That leaves mainly credit cards, and personal checks to pay with I think. I highly doubt that a scammer will have access to multiple checking accounts in different names or multiple credit cards in different names with which to register the account under.

You've forgotten money orders. You can write any name you like on one of those...

 

[sixgunsun1177]

Here's the first sentence in the page the link shows
"""By law to advertise commercial goods or services using any name other than your own as an individual, you must register that name using any one of a number of government mandated registration methods.""

Sounds to me like they are just covering their backside not going after anyone... Randy

Wouldn't that mean that all Ebay usernames are breaking the law?

 

[Wraith]

But how are the potential buyers going to be protected against people not using a fictitious name? Where can they go and check to see if their on the up and up ?
If there is a rule set in place to prove we're legit , then that same rule should apply to EVERYONE.

It has always been Buyer beware especially when choosing to deal with a non-business person. A person who choses to do business with someone over the internet without doing any research takes a risk. If a person is legit in what they call themselves, then there is nothing to worry about and they would have no problem proudly displaying that fact that they are law abiding hobbyist. If a person is complaining about how unfair it is they can't do business under a fake business name anymore, then all that whining about it makes things look bad for them.. makes you wonder what they might be hiding at that point.

The highlight of the new systems appears to be to cut down on the number of "fake" business names. How many people have done business with someone posting under a business name only to now find out that the people they were dealing with are suddenly no longer doing business under that name? My eyebrows went up over a few sudden drops of well known "business names" in favor of a real name.

 

[Wraith]

You've forgotten money orders. You can write any name you like on one of those...

True, but they seem to have that covered.

Register by Money Order
To register a classified account using a money order please mail a money order for the account total AND A PHOTOCOPY OF A STATE ISSUED DRIVERS LICENSE OR PHOTO ID CARD along with the following information:

# Business Name
# Forum Username
# Name
# Address
# City State
# Zip Code
# EMail Address
# Current Forum Username
# Phone Number

 

[sixgunsun1177]

I'm ok with playing by their rules if, in the end it helps just one buyer be more protected.
The BOI is far and away the best place to check somone out. I do it often and make a point to leave feedback for people doing me right and wrong.

 

[Kingetula]

Wouldn't that mean that all Ebay usernames are breaking the law?

That's a good point.

Ebay is set up as an auction so the rules may be diffrent. Many people on EBAY seem to run a business off EBAY but maybe "auction" allows loopholes?

Good question!!

 

[Jim O]

True, but they seem to have that covered.

Indeed that seems to be the case. So they are in fact verifying the identity of individuals and businesses, and attempting to comply with the law.

I really don't see what the big deal is about registering a sole proprietorship under a fictitious name (a "d/b/a"). It's not a lot of money in most states and allows one to be in compliance with the law. Here in Virginia all one needs do is file a form at the circuit court in their city or county and it's a done deal.

 

[jsrocket]

Last DBA I got cost me 20 bucks, and about 20 minutes at the county clerk's office. It is really easy here.

 

[shrap]

I stopped advertising as "Discoids.com" and switched to Sammy Gregg Reptiles when the change went into effect. My primary website is Sammy Gregg Reptiles and I was going to be moving to that anyway, they just prodded me do so sooner than my procrastinating back side had planned.

As far as keeping things legal, JimO is dead on. Simply getting your sole proprietorship is a painless and inexpensive procedure. I have had mine for over a decade.

 

[Suncoast Herpetological]

I don't think their "going after" anyone, and I think its a good rule.

But how are the potential buyers going to be protected against people not using a fictitious name? Where can they go and check to see if their on the up and up ?
If there is a rule set in place to prove we're legit , then that same rule should apply to EVERYONE.

The problem is Jim that the criteria for proving it is completely different. The liability of them asking for personal information to verify identity in an era where identity theft is running rampant would be huge.

They have taken a very large step with this process and it will definitely have an effect for the better.

The only idea I had which may have a little merit is to insist that each and every person posting animals for sale send in a copy of their Sales Tax Certificate. Barring the one or two states that do not have sales tax, this would ensure that everyone could be identified by a sales tax / social security number. However, this still has liability for Kingsnake in that they would be in possession of that info.

Personally, I think the current rule is sufficient if not ideal

 

[Wraith]

The only idea I had which may have a little merit is to insist that each and every person posting animals for sale send in a copy of their Sales Tax Certificate. Barring the one or two states that do not have sales tax, this would ensure that everyone could be identified by a sales tax / social security number. However, this still has liability for Kingsnake in that they would be in possession of that info.

Aren't businesses supposed to display their sales tax certificate where it can be viewed by their patrons? So how would it be a liability if that information is supposed to be made public? When I walk into a lot of businesses I see that information posted in little picture frames. Even at reptile shows, I see some vendors displaying theirs.

 

[garweft]

So tell me ...how does this new rule stop the scammers and thieves if they can just go ahead make up a name ( a persons name ) create an fake account and just keep ripping people off.

I seriously doubt that the new rule has anything to do with protecting buyers. I'll just leave it at that.

 

[shrap]

Aren't businesses supposed to display their sales tax certificate where it can be viewed by their patrons? So how would it be a liability if that information is supposed to be made public? When I walk into a lot of businesses I see that information posted in little picture frames. Even at reptile shows, I see some vendors displaying theirs.

In those situations the business owner/sole proprietor is in possession of their own cert and responsible for any fraud or misuse that may come from someone else illegally using the info on it.

If KS has a copy of it in their possession, be it physical or online, then they become responsible for keeping it secure as well. A lawsuit waiting to happen.

Besides, it aint illegal for an individual without a certificate to sell something. You think you have to have a cert to sell your car? Or place an ad in the newspaper for the $2500 bowflex machine or old bicycle collecting dust in the basement? Or have a garage sale? Or even to sell a baby snake or puppy that one of your animals gave birth to?

 

[Suncoast Herpetological]

Aren't businesses supposed to display their sales tax certificate where it can be viewed by their patrons? So how would it be a liability if that information is supposed to be made public? When I walk into a lot of businesses I see that information posted in little picture frames. Even at reptile shows, I see some vendors displaying theirs.

There is no law that i am aware of that states it has to be on display. It is supposed to always be immediately available though.

The point I find interesting is that Kingsnake is requiring a copy of a drivers license if you want to renew or register with a money order. If they are willing to accept it in that instance, then it would be an excellent way for them to verify that anyone posting on the classifieds under an individual name is who they say they are.