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California’s New Memorabilia Law to have wide-Ranging Dealer and Collector Implications

California Gov. Jerry Brown signed into law this month Assembly Bill 1570, which expands California's existing sports memorabilia law to cover all autographed collectibles
California Gov. Jerry Brown signed into law this month Assembly Bill 1570, which expands California’s existing sports memorabilia law to cover all autographed collectibles

California memorabilia dealers, booksellers, art and antique dealers are up in arms about California’s new law, AB-1570 Collectibles: sale of autographed memorabilia. The law requires dealers in autographed memorabilia and collectibles to provide a Certificate of Authenticity (COA) for each item sold. Top-tier auction houses and galleries provide a COA already, but may need to bring their paperwork into compliance with the new law.

Non-California collectors and dealers should become familiar with the law as well, because consumer protection notions tend to spread rapidly from coast to coast. As a dealer commented on Amazon’s Seller Central forum, “…if it started in California then it will be a National Law in a year or more. Get used to it.”

The law is good news for collectors, but it doesn’t go into effect until January 2017. Consumers aren’t likely to start paying attention until thenthe date at which dealers have to start advertising their complianceand it will likely take a while for the law to sink into the public consciousness.

Currently, consumer protections regarding autographed collectibles are lacking. There are no universal guidelines as to what information should be included in a COA or who should issue one. As art dealer Allan Bamberger states: “Certificates of authenticity can be problematic; some are just plain worthless and some even fraudulent. Unfortunately, most people believe that art with a COA is automatically genuine, but that is absolutely not the case.”  Points to be included in a COA are detailed in the California law. Consumer recourse and dealer penalties for falsifying a COA are also detailed.

Dollar-wise, we’re not talking “small potatoes” here; there’s a lot of consumer’s money at stake. The autographed memorabilia and collectibles market is estimated to be in excess of $1 billion annually. Consumer losses in fake autographed memorabilia are huge; $500 million in sports memorabilia alone.

Dealer rants notwithstanding, here are the features of the bill that I believe are helpful to consumers:

  • It expands California’s existing sports memorabilia law to cover all autographed collectibles;
  • The law defines the legal parameters of the terms “dealer,” “consumer,” “mint condition,” “limited edition,” and other terms that in the past have been interpreted so broadly as to have become almost meaningless;
  • Dealers must be able to prove that an autograph is genuine, be willing to stand behind their assertions, and be willing to accept the consequences if they are wrong. In other words, dealers must guarantee, in writing, that what they are telling consumers about an item is true;
  • All oral and written assertions about an object carry the legal weight of an express warranty;
  • The particulars of a Limited Edition offering are clarified. Dealers must tell consumers how many items are in an edition, if this is the first offering of an edition, if there will be other offerings, and whether the original files, plates, molds or other templates been destroyed;
  • The law clarifies the term “mint condition.” Misunderstandings and usage of the term “mint” is rampant. So, the term is now defined and dealers will be penalized for misuse;
  • Dealers must disclose where and from whom they purchased an item. Online sellers, estate executors, and walk-ins offering to sell an autographed item must be willing to provide their name and address to the purchasing dealer for inclusion in the COA.
  • Dealers must keep a copy of a COA for seven years from the date of issuance;
  • Dealers must purchase a surety bond to indemnify themselves against errors and omissions arising from the authentication and sale of collectibles;
  • If a consumer finds it necessary to sue a dealer, the consumer’s legal and expert witness fees will be paid by the offending dealer (provided the consumer wins the case).

Civil penalties for a dealer’s non-compliance are significant, and provide for adequate consumer compensation:

Any consumer injured by the failure of a dealer to provide a certificate of authenticity containing the information required by this section, or by a dealer’s furnishing of a certificate of authenticity that is false, shall be entitled to recover, in addition to actual damages, a civil penalty in an amount equal to 10 times actual damages, plus court costs, reasonable attorney’s fees, interest, and expert witness fees, if applicable, incurred by the consumer in the action. The court, in its discretion, may award additional damages based on the egregiousness of the dealer’s conduct. The remedy specified in this section is in addition to, and not in lieu of, any other remedy that may be provided by law.”

Are there “consumer down-sides” to the law? Yes, there are:

  • Collectors eventually become sellers. When they sell, they must be willing to have their name and address published on the COA that will accompany their item when it is re-sold. Those with privacy concerns may not want their information published or distributed, which will inhibit the re-sale of the item. California dealers are legally required to collect this information whenever they purchase an autographed item. The “upside” of consumers providing this information is that whenever the item is sold the COA will accompany it and a clear chain of provenance can be ascertained. Eventually, this will lead to higher prices for the autographed collectible;
  • Estate executors and heirs will face having to authenticate signatures on items that never had a COA. This is easily doablethere are many autograph authenticators listed on Google. Of course there will be a cost for the service, so it is only necessary (currently) if an item is to be sold in California.

Whether this law will spread to other jurisdictions remains unknown. Dealers and consumers alike are advised to keep an eye out for this topic in their state legislatures.


Wayne Jordan is a Virginia-licensed auctioneer, Certified Personal Property Appraiser and Accredited Business Broker. He has held the professional designations of Certified Estate Specialist; Accredited Auctioneer of Real Estate; Certified Auction Specialist, Residential Real Estate and Accredited Business Broker. He also has held state licenses in Real Estate and Insurance. Wayne is a regular columnist for Antique Trader Magazine, a WorthPoint Worthologist (appraiser) and the author of two books.

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