Is that legal?

**Jack Cook** · 10-27-07, 10:29 AM

When I saw this item on Engadget Mobile this morning, the first thing that went through my mind was "is that legal"? Well, for those of you that don't have a credit card or don't choose to use one, it is legal.

Apple refusing to accept cash for iPhone, limits 'em to two per person

Coincidence or not, Apple has stiffened up the requirements to pick up a new iPhone shortly after announcing that 250,000 or so of the 1.4 million it sold in Q4 went to unlockers. In an admittedly intriguing move, Apple has decided that it will "no longer accept cash for iPhone purchases," and moreover, each individual will only be allowed to buy two (on plastic, of course) in an effort to "stop people from reselling them." More specifically, spokeswoman Natalie Kerris stated that the company is "requiring a credit or debit card for payment to discourage unauthorized resellers," so don't even bother bringing the greenbacks if you're lookin' to grab an iPhone from Apple

The Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," states: "United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues." All that means is our US dollar is a legal means of paying debts. Unfortunately, there is no Federal statute mandating that a business or a person must accept US currency for payment of goods or services.

So that means that Apple can have their own policy on how you can purchase an iPhone unless there is a State law which says otherwise.

Too bad! I think it is wrong to say to that person who does not have a credit card (for whatever reason) that they cannot buy this product with the currency we have used as legal tender since 1785.

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AKAJohnDoe · 10-27-07, 11:50 AM

I initially had the same thought when I read that article, and reached the same conclusion.

Julie · 10-27-07, 01:05 PM

I understand why they came up with this policy, but c'mon! I'd think limiting the number of devices sold to a single customer would address the issue pretty well.

Well, if a company does not want to take my cash, then I think my policy is to not do business with that company.....

DavesPPC · 10-27-07, 01:31 PM

It's all sales for Apple, is it not?
Regardless of how they are being used, Apple still gets the same amount of profits (from the phone sale).
I can understand their reasoning, but I think it is wrong how they are going about it. Maybe they should work on the phone itself, and not work over the customers.

AKAJohnDoe · 10-27-07, 01:39 PM

In reality, it is improbable that I would ever make a purchase of that nature via cash, or buy an iPhone anyway for that matter, but the audacity to preclude that option just rankles me.

**hyedipin** · 10-27-07, 11:01 PM

Great, they are probably tying the credit card owner to the user of the phone to track and gather more information about who uses it and how he/she uses it. I don't care if they do, and they may do with other companies, but forcing people to use credit card to buy something just doesn't make sense. When was the last time someone checked you ID when you bought something. AT&T will do anything to make a sale, "oh my card is declined, I want to use this counterfeit credit card, which I got from illegally obtained SSN through identity thieves" , ATT- "Sure, we also offer equipment protection, would you like that".