In conversation with a UK lawyer it would be deemed illegal as you are misrepresenting the "product" for which you are taking money. It's effectively the same law as covers items sold where they are clearly intended for a particular purpose, but then try to claim no guarantee that they are, in fact, fit for that purpose.
UK law is very broad in its protection of consumers against "products" that are presented in a deceptive manner.
"covers items sold where they are clearly intended for a particular purpose, but then try to claim no guarantee that they are, in fact, fit for that purpose."
You mean like just about every software license agreement in the world? ;)
So basically... If there is no "insurance" so that mail a notarized copy of the birth certificate is enough to get a refund, you will never hit the law because the failure to provide an accurate prediction warrants the full refund.
If people get really rowdy, refund anyways. Shoot even if it's late refund. I'd be super lenient with it, you will make plenty of money.
For the U.S., I doubt there are criminal laws to worry about in this case. You can always get sued for "fraud" (not-criminal), but who sues for $50?
About the only criminal area you need to worry about is mail fraud. Which would be fraud while using the U.S. postal service. But that's not a real concern either, as your only using mail to process refunds, not to solicit. You also don't need to use the mail, as you can require faxing or email of birth info. btw, IANAL.
I think the laws are more liberal here (California).
I think if you offered a no questions asked moneyback guarantee for wrong predictions, then the only people paying would be people whose predictions were correct (assuming every person with a wrong prediction requested a refund). You would of course put a disclaimer (as psychic hotlines do) that it is for entertainment purposes only, etc.
Comments
In conversation with a UK lawyer it would be deemed illegal as you are misrepresenting the "product" for which you are taking money. It's effectively the same law as covers items sold where they are clearly intended for a particular purpose, but then try to claim no guarantee that they are, in fact, fit for that purpose.
UK law is very broad in its protection of consumers against "products" that are presented in a deceptive manner.
"covers items sold where they are clearly intended for a particular purpose, but then try to claim no guarantee that they are, in fact, fit for that purpose."
You mean like just about every software license agreement in the world? ;)
So basically... If there is no "insurance" so that mail a notarized copy of the birth certificate is enough to get a refund, you will never hit the law because the failure to provide an accurate prediction warrants the full refund.
If people get really rowdy, refund anyways. Shoot even if it's late refund. I'd be super lenient with it, you will make plenty of money.
For the U.S., I doubt there are criminal laws to worry about in this case. You can always get sued for "fraud" (not-criminal), but who sues for $50?
About the only criminal area you need to worry about is mail fraud. Which would be fraud while using the U.S. postal service. But that's not a real concern either, as your only using mail to process refunds, not to solicit. You also don't need to use the mail, as you can require faxing or email of birth info. btw, IANAL.
I think the laws are more liberal here (California).
I think if you offered a no questions asked moneyback guarantee for wrong predictions, then the only people paying would be people whose predictions were correct (assuming every person with a wrong prediction requested a refund). You would of course put a disclaimer (as psychic hotlines do) that it is for entertainment purposes only, etc.
"This product is intended for entertainment purposes only."
There's a reason for that little line.
Call the product "I Will Guess Your Baby's Gender". www.iwillguessyourbabysgender.com