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Is that legal?

cc 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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  • Kevin
    "It's all sales for Apple, is it not?"

    Yes and no.

    Just read an article that said that Apple makes about $400 across the two year contract from AT&T... unlocked phones used on a different network is then $400 lost to Apple.

    Also sounds like they MAY offer third party software via the iTunes store, a jail-broken iPhone would lose those sales too.

    IMO, Apple VERY much will continue to try and keep the devices locked and "jailed".
  • The land of freedom... It really starts to feel like a communist country.
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