Unactivated gift cards

[TinMan]

So, this is a new one on me, and I'm skeptical about the lady's logic:

I'm exchanging texts with this cutie. Very preliminary, no discussion of anything other than her pics and general location. Then she mentions Visa gift cards as a gift; no cash.

Now, I've never bought a visa gift card, so I don't know exactly how they work. She asked me to include my zip code (presumably, it doesn't have to really be my zip code, but I haven't done the research to find out). She claims that since the card is not yet activated when it exchanges hands, it has no value. No value in exchange of services = no crime.

I'm understandably dubious, and am wondering if this is actually a common practice, or did this lady (who claims to be studying law) come up with this on her own?

Hoping SJ or one of the other lawyers can opine.

[ck1942]

Good question TM, but, imo, I don't know how she expects you obtain a Visa (or any other gift card ftm) without forking over a minimal amount of cash to buy the piece of plastic.

I am not a lawyer, but I have done more than a few transactions using bits of plastic.

imo the only way to know a gift card is totally empty would be some means of looking it up on line or running it through an ATM? or POS terminal.

In any case, imo the rules on P are the offer of cash for sex or vice versa whether any cash changes hands or not. Or, for that matter, whether the sex happens or not.

[Ex-CEO]

(Disclaimer: Although I am a lawyer, I never practiced criminal law. But before moving on to a non-lawyer career, I did contract work for a large firm when I was in my 20s.)

Frankly, I think the argument that an unactivated gift card has "no value," and therefore no crime may be judged to have occurred in the event that one is used to pay for sexual services, is laughable on its face and would be summarily destroyed in the event the D.A's office decided to file a case. Since the parties would clearly be operating under the reasonable expectation that, once activated, the gift card would in fact function as "quasi-money" tender, the transaction would be viewed in a not significantly different way from one facilitated by a handful of 20s or 100s.

[TinMan]

In my non-lawyer way, I told her the same thing.

[Randall Creed]

Lol. The notion that it is laughable is quite funny. It seems to me that it's a great way to beat the system and its anti-prostitution bullshit.

'Value' is a relative term. 200 bucks is very little 'value' to someone with 10 million dollars. These laws are hilarious. Advice can be 'valuable'. If someone gives you the right info that lands you a big payday, and you want to have sex with them for it, is it 'prostitution'?? Using sex to get hired, by definition, is prostitution. Using your authoritative position to get laid might as well be the same soliciting. But, somehow using cash, or in this case, a gift card, is criminal??? Bull. But I digress.

Gift cards have no value until activated (says so on the packaging), but the law will circumvent this as well to make an arrest, because they don't give a shit about the people, ESPECIALLY when the people outsmart them.

[TinMan]

Ooookay...I think that was more a political statement than legal analysis, but thanks all the same.

[Randall Creed]

Yeah, I hear ya.

The point is, they don't like being outsmarted. To show their dismay, they'll just charge you anyway.

[Ex-CEO]

Originally Posted by Randall Creed

Lol. The notion that it is laughable is quite funny. It seems to me that it's a great way to beat the system and its anti-prostitution bullshit.

'Value' is a relative term. 200 bucks is very little 'value' to someone with 10 million dollars. These laws are hilarious. Advice can be 'valuable'. If someone gives you the right info that lands you a big payday, and you want to have sex with them for it, is it 'prostitution'?? Using sex to get hired, by definition, is prostitution. Using your authoritative position to get laid might as well be the same soliciting. But, somehow using cash, or in this case, a gift card, is criminal??? Bull. But I digress.

Gift cards have no value until activated (says so on the packaging), but the law will circumvent this as well to make an arrest, because they don't give a shit about the people, ESPECIALLY when the people outsmart them.

Originally Posted by Randall Creed

Yeah, I hear ya.

The point is, they don't like being outsmarted. To show their dismay, they'll just charge you anyway.

You sure would do well in the Yale summer debate program! LOL

[TinMan]

It may be her argument is the card isn't loaded until after the session. If that's the case, wouldn't that be the same if no payment occurred or no discussion of payment? And how would handing her an empty gift card be any more advantageous than keeping the money in my pocket? And wouldn't any discussion of gifts beforehand invalidate all that in any event?

[tandyscone]

I thought the cashier activates the card when you purchase it.

[Jannisary]

Is this a known verified provider? My guess is no, and that my guess is that this is a scam.

Gift cards have value the moment you purchase them at the register. They are active right then and can be used for store purchases. If you want to use most gift cards online or at gas stations you need to go to the card issuer's website and "activate" the card. This usually involves at the minimum associating a zip code with the card.

My guess is this lady's next step in her scam after getting someone to purchase the gift card is to ask for the card info BEFORE meeting in person. Maybe even waiting till the victim is the parking lot of the supposed meeting place before asking for the info. She'll get the card info, register and "activate" online and then quickly use up all the funds on the card by either making online purchases or selling it to one of those gift card resellers.

Then guess what happens. She disappears and you never actually meet!

Gift cards can be useful in this business. Some ladies use them for deposits where the guy will buy the card and send the info and the lady uses the card for online purchases. Some guys who can't pull large amounts of cash from their account or simply don't have the cash will buy Visa, MasterCard, Amex gift cards with their personal credit card and use the gift cards to pay the provider. The guy just needs to check with provider to make sure she is okay with that and the provider needs to check the funds on the card before starting the session.

But NEVER give out the gift card info before meeting unless its for a deposit to a reputable provider that you trust to live up to the arrangement.

[Randall Creed]

Originally Posted by Jannisary

Is this a known verified provider? My guess is no, and that my guess is that this is a scam.

Gift cards have value the moment you purchase them at the register. They are active right then and can be used for store purchases. If you want to use most gift cards online or at gas stations you need to go to the card issuer's website and "activate" the card. This usually involves at the minimum associating a zip code with the card.

My guess is this lady's next step in her scam after getting someone to purchase the gift card is to ask for the card info BEFORE meeting in person. Maybe even waiting till the victim is the parking lot of the supposed meeting place before asking for the info. She'll get the card info, register and "activate" online and then quickly use up all the funds on the card by either making online purchases or selling it to one of those gift card resellers.

Then guess what happens. She disappears and you never actually meet!

Gift cards can be useful in this business. Some ladies use them for deposits where the guy will buy the card and send the info and the lady uses the card for online purchases. Some guys who can't pull large amounts of cash from their account or simply don't have the cash will buy Visa, MasterCard, Amex gift cards with their personal credit card and use the gift cards to pay the provider. The guy just needs to check with provider to make sure she is okay with that and the provider needs to check the funds on the card before starting the session.

But NEVER give out the gift card info before meeting unless its for a deposit to a reputable provider that you trust to live up to the arrangement.

Lol. Sounds like too much work. Just show her the card(s) in its original, UNTAMPERED packaging, a receipt with the date on it showing the amount you put on the card, and should be good enough.

The activator of the card can use any zip code in America. You can live in Toledo, Ohio, but if you decide, you can use a Phoenix zip, or a Galveston, TX zip, or Boise, ID zip. So on and so forth. As long as it's a legit [American] zip, it should take. You just have to remember that zip whenever you use the card later.

[Analeese]

Maybe I'm naive but wouldn't doing it this way at least allow the option for some deniability?

Unless there was an offer of sexual service for money discussed and in that case you will be going to jail whether money exchanged hands or not...its the offer/solicitation of the service for money that incriminates ones self...or allows LE enough evidence to give charges.


I guess what question this raises for me is where did you find this provider... It doesn't sound like she is verified... Have mention of service and money already been discussed? I would think not discussing anything until after meeting in person and feeling them out would again allow deniability to a certain extent...

Just my .02 from someone who's been to jail for P.

[alaine]

No, No and Hell no....I assure you there is a SCAM somewhere here.

[Unique_Carpenter]

Originally Posted by tandyscone

I thought the cashier activates the card when you purchase it.

Correct.

Originally Posted by Analeese

Maybe I'm naive but wouldn't doing it this way at least allow the option for some deniability?

Sorry Analeese,
Excellent question, I'm not sure about Texas, but various other states have that issue covered by using language, or similar language, of ".... for money, goods, services, or something else of value".

Going back to OP's original question:
I agree with alaine:

Originally Posted by alaine

No, No and Hell no....I assure you there is a SCAM somewhere here.

I prefer to intentionally lose the scrabble game, and pay off the side bet with a handful of those green paper portraits of;
Who was:
That Nashville, TN prosecuting attorney, who was also the commanding General that kicked Brit azz in New Orleans at the end the War of 1812, and who also captured North Florida from the Spanish in 1817.
Yes a very slow Sunday morning quiz.