ATTORNEY ADVERTISING · SATNICK LAU LLP · LOS ANGELES, CA
by Satnick Lau LLP
Contact us
Card and collectibles disputes

Got a raw deal?

Did you know your text messages may create a binding contract?

Sports cards, Pokémon, autographs, whole collections. Paid and never got the card. Shipped and never got paid. Consigned a collection and the money disappeared. A partner or investor walked off with the inventory. From a single card to an entire collection, email or call Satnick Lau LLP, and a California business litigator will let you know, free of charge, whether it's a matter our firm may be able to help with.

Email or call us Some California rules

Satnick Lau LLP, Los Angeles. Contacting us does not create an attorney-client relationship or any duty of representation, and it does not stop or pause any deadline that may apply to your claim.

Move your cursor over the card.

Set: California law · 6 cards

Did you know?

A lot of the hobby runs on DMs, handshakes and trust. Some California laws may apply to those deals.

CAL. COMMERCIAL CODE
DMs Can Count as Paperwork§2201(1)

For sales of goods of $500 or more, California sales law generally requires a record showing a deal was made, signed by the person you want to hold to it, before the deal can be enforced in court. There are exceptions, and the deal is generally enforceable only up to the quantity the record shows. A message can be a record, and a typed name, handle or similar mark may count as a signature if the person meant it to sign or adopt the message. California's electronic transactions law can also apply when both sides agreed, by words or conduct, to deal electronically. Whether a thread qualifies depends on what it says, who sent it, and the circumstances.

Formation01/06 ●
CAL. COMMERCIAL CODE
Dealer-to-Dealer Confirmation§2201(2)

This rule applies only when both sides are merchants, such as two dealers or shops. A message confirming a deal, sent within a reasonable time and signed by the sender, can satisfy the writing rule against the merchant who receives it, if that merchant has reason to know what it says and does not object in a written or electronic message within 10 days. It only answers the writing question; the deal itself still has to be proved. Many collectors who buy for their own collection may not be merchants.

Formation02/06 ●
CAL. COMMERCIAL CODE
Paid and Accepted§2201(3)(c)

Even with nothing signed, the writing rule generally does not block a claim over cards that were paid for and the payment accepted, or cards that were received and accepted. It covers only those cards, and the deal and its terms still have to be proved.

Formation03/06 ●
CAL. CIVIL CODE
Autograph Warranty§1739.7

This law covers dealers of autographed sports and entertainment collectibles, including trading cards. A dealer here generally means someone in the business who sells three or more autographed collectibles in 12 months, which can include auction and online sellers. If a dealer sells you one for personal use, for $50 or more before tax and shipping, at a higher price because of the signature, and says the signature is authentic, the dealer generally must give you a written express warranty. Civil penalties range from up to $1,000 for a missing or noncompliant warranty to $5,000 or five times actual damages, whichever is greater, where a dealer knowingly gives a false warranty or knowingly fails to give one and the consumer is injured. Attorney fees may be available in some of these cases.

Remedy04/06 ●
CAL. PENAL CODE · §484
Theft, Not Just a Bad Deal§496(c)

California's theft laws can cover property obtained through a knowingly false statement, or property someone was trusted with and then fraudulently took for themselves. When the person who has your cards or money knows they were obtained that way, a California statute may allow a court to award three times actual damages, plus costs and reasonable attorney fees. California's Supreme Court has said a broken deal is not enough on its own; there generally must be criminal intent. The facts decide.

Remedy05/06 ●
CAL. COM. CODE · CODE CIV. PROC. 339, 340
The Clock§2725

Many claims over a sale of cards generally must be filed within four years after the breach, even if you did not know about it yet, and the original sale terms can shorten that to as little as one year. For a card that was not as promised, the clock often starts at delivery. Other claims have different deadlines. For example, a claim on an unwritten agreement that is not a sale, such as some consignment deals, may have a two-year limit, and some claims for statutory penalties may have only one year. Deadlines depend on the facts.

Deadline06/06 ●

General information about California law, not legal advice about your situation. Other states may have different rules. Results depend on the facts of each matter.

Disputes like these

What went wrong?

  • Paid, never got the cardMoney sent, then excuses, then silence.
  • Shipped, never got paidYou sent the card. The payment never came.
  • Consigned, never paid outA shop, dealer or auction house sold your cards, or a whole collection, and kept the money.
  • Card came back differentSwapped, trimmed, altered, or not the card you were sold.
  • Fake card or fake autoCounterfeit, reprint, or a signature that is not real.
  • Partner or investor disputeA card business, a shared collection, or money put into cards that went sideways.
  • Break or group buy gone wrongSpots paid for, hits never shipped.
  • Dealer, show or auction deal fell apartA deal with a dealer, at a show, or through an auction house that the other side walked back.
  • Lost or damaged in someone's careA vault, a submission service, or a middleman holding your cards.

Terms used by marketplaces, auction houses and grading companies may include arbitration clauses, sometimes with a small claims option, or limits on what you can recover. Whether those terms apply and can be enforced depends on the exact terms and the facts. If your deal went through one of them, mention that when you contact us. We include it in our conflict check and take it into account in deciding whether we may be able to help.

Three steps

How it works

1

Email or call

Tell us the names of everyone involved and, in a sentence or two, what happened. Hold the screenshots and documents for now; we check for conflicts first.

2

A lawyer looks at the basics

After the conflict check, a California business litigator looks at basics like who the other side is, where they are, how much is at stake and what records you kept, to see whether it's a matter our firm may be able to help with. If it may be, we'll ask for your documents then.

3

You hear back from us

If we may be able to help, we explain how we could work together and what our fees would be before any work starts. If we can't take your matter, we'll tell you. A decision not to take a matter is not an opinion on whether it has merit, and because deadlines may apply, you may want to talk with another lawyer promptly.

Option A

Flat-fee demand letter

A letter on law firm letterhead that lays out the deal, the proof and a date to respond. Some disputes resolve at this stage; others do not.

Option B

Small claims prep

Usually for an individual's claim of up to $12,500. Our $5,000 minimum and its two case-by-case exceptions apply here too. Lawyers generally cannot represent you at a California small claims hearing, but a lawyer can advise you before or after the case is filed, for example on organizing your evidence and preparing to present it.

Option C

Litigation

When the facts and the proof support it, we file. Fee arrangements are discussed and put in writing before any work starts.

What proof looks like

Sleeve your receipts.

Collectors protect a hit the second it comes out of the pack. Proof deserves the same care. Save these now, but don't send them in your first message. If we may be able to help, we'll ask for what we need.

  • The whole threadScreenshots from the first message, with usernames and dates visible, or the app's own chat export.
  • The paymentPayPal, Venmo, Zelle or bank confirmation with the transaction ID and whether it was goods and services.
  • The listing or postThe sale post, the comps you were shown, the price you agreed on.
  • ShippingTracking numbers, labels, delivery photos, insurance claims.
  • The card itselfFront and back photos, the cert number, the grading company lookup.
  • Who they areProfile links, shop name, real name if you know it, where they are located.

Deleted proof is hard to get back, and threats can backfire. In a later dispute, California law allows a judge or jury to consider a party's willful suppression of evidence. Threatening to report someone for a crime as a way to get paid can itself be treated as extortion under California law. This is general information, not advice about your situation.

Who you'll talk to

Talk to a business litigator.

Raw Deal is run by Satnick Lau LLP, a Los Angeles business litigation firm. When you email or call, a lawyer at the firm reads your message or returns your call. Raw Deal is not a referral service. We look at disputes from a single card to an entire collection, between collectors, dealers, consignors, auction houses and business partners.

Adam Satnick

Adam Satnick

Satnick Lau LLP · Los Angeles

For a dispute over a collection, a consignment or a business deal, call or email and ask for Adam.

Free to ask · no forms · no uploads

Email or call us

Reach Satnick Lau LLP, a Los Angeles business litigation firm, directly. A lawyer decides whether we may be able to help.

Emailinfo@rawdeal.law Call(310) 356-8472

What to put in your first message

  1. Names of everyone involved: you, the other side, and any shop, auction house or platform. We check for conflicts before we look at details.
  2. A sentence or two on what happened.
  3. About how much is at stake.
  4. Where you and the other side are located.
  5. The best phone number and time to reach you.

Please hold the screenshots and documents for now. Don't send them, or the full story, in your first message. If the conflict check clears and we may be able to help, we'll ask for what we need.

We are California lawyers. If you, the other side, or the deal has a California connection, or your agreement points to California, we may be able to help. If not, we will tell you that up front, and you will not be charged for finding out.

We generally review disputes where $5,000 or more is at stake. A lawyer also looks, case by case, at two kinds of smaller disputes: a dispute over an autographed item bought from someone in the business of selling autographed collectibles, and a dispute where you know of other people who had the same problem with the same seller.

It's free to find out whether we may be able to help. If we can, you'll get our fee terms in writing before any work starts.

We don't take criminal cases, disputes where you already have a lawyer, or cases already filed in court.

Attorney Advertising. Contacting us does not create an attorney-client relationship or any duty of representation, and Satnick Lau LLP will not represent you unless and until we both sign a written engagement agreement. Contacting us does not stop or pause any deadline that may apply to your claim.

Straight answers

FAQ

Does it cost anything to reach out?

No. You email or call, a lawyer at Satnick Lau LLP looks at the basics, and you hear back from us. If we may be able to help, we explain our fees before any work starts, and nothing happens until you agree to them in writing. A decision not to take a matter is not an opinion on whether it has merit. Deadlines may apply, so if we can't take it, you may want to talk with another lawyer promptly.

Can I just send you my screenshots?

Not yet. Start with the names of everyone involved and a sentence or two on what happened, so we can check for conflicts first. If we may be able to help, we'll ask for the screenshots, payment records and anything else we need.

Is there a minimum?

Yes. We generally review disputes where $5,000 or more is at stake. A lawyer also looks, case by case, at two kinds of smaller disputes: a dispute over an autographed item bought from someone in the business of selling autographed collectibles, and a dispute where you know of other people who had the same problem with the same seller. Many people with other smaller disputes look into small claims court. In California, an individual can generally ask for up to $12,500 there (the general limit for companies and other entities is $6,250), and a person generally cannot file more than two small claims cases over $2,500 in California in a calendar year. Lawyers generally cannot represent either side at the hearing. California law generally requires each county to offer free small claims advice, though some smaller counties may offer only recorded information and booklets. This is general information, not legal advice about your situation.

I don't live in California. Can you help?

We are California lawyers. If you, the other side, or the deal has a California connection, or your agreement points to California, we may be able to help. If not, we will tell you that up front, and you will not be charged for finding out.

My dispute is with a big platform, auction house or grading company.

Terms used by marketplaces, auction houses and grading companies may include arbitration clauses, sometimes with a small claims option, or limits on what you can recover. Whether those terms apply and can be enforced depends on the exact terms and the facts. Mention the platform or company when you contact us. We include it in our conflict check and take it into account in deciding whether we may be able to help.

I consigned cards and never got paid. Does the law say anything about that?

Under California's Commercial Code, when you consign goods you used or bought for personal, family or household purposes, the shop generally does not own them unless it buys and fully pays for them, and money it collects from a buyer, minus fees or costs you expressly agreed to, generally belongs to you. Whether that applies depends on the facts. This is general information, not legal advice about your situation.

Will the other side find out I contacted you?

We treat what you send as confidential, as California law generally requires when someone consults a lawyer about hiring them. We do not share it with the other side unless you hire us and approve it.

Are you affiliated with any card brand, grading company or marketplace?

No. We are an independent law firm, not affiliated with any card manufacturer, game publisher, grading company, marketplace or auction house.