Q: A guy made a deal with a 15 year old over instagram. The 15 year now wants out, guy claims he will sue. Can he do this?
A guy contacted my cousin who’s only 15 a few month ago and wanted to buy his Spotify account for some reason. He offered him 300$ and he said yes and handed out his password. When I found out about this I felt it was wrong and told my cousin to get out of the deal. He wrote the guy that he wanted to get out of the deal, the guy became angry and claimed that he will take legal action and sue my cousin. I said to my cousin that the guy won’t do this. I’m the meanwhile the guy stole the Spotify account. Changed password, name and email. Via Spotify we got the account back and then sent the guy back his money and told him the deal was off. Then he wrote that he will sue my cousin for stolen assets and he wrote that since she’s a minor this will affect her parents too. So now my cousin afraid and told him he the deals back on. So my question is, does this guy have any truth to his threats? Can he make a deal with a 15 year old without a proper contract and the threaten her with lawsuit?
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A:
In this situation, it's highly unlikely that the person threatening to sue has any legal standing. Here are the key points to consider:
1. Minors and contracts: In most jurisdictions, minors (typically those under 18) cannot enter into legally binding contracts, with some exceptions. This means that any agreement made with a 15-year-old is generally voidable by the minor.
2. Legality of the transaction: Selling personal accounts often violates the terms of service of platforms like Spotify. This could make the entire transaction questionable from a legal standpoint.
3. Coercion: The threat of legal action to force a minor back into a deal they want to exit could be seen as a form of coercion, which is not legally acceptable.
4. Lack of damages: Since the money was returned and the account was restored, it's unclear what damages the buyer could claim in a lawsuit.
5. Age of digital consent: In many countries, there are laws regarding the age at which individuals can consent to share personal data online. A 15-year-old may be below this age in some jurisdictions.
6. Parental liability: While parents can sometimes be held responsible for their children's actions, this typically applies to cases of damage or injury, not voided informal agreements.
The threats made by this person appear to be intimidation tactics rather than legitimate legal claims. It's highly unlikely that any court would enforce such an agreement with a minor, especially given the circumstances.
Your cousin should:
1. Cease all communication with this person.
2. Keep records of all interactions and threats.
3. Inform their parents or guardians about the situation.
4. If the threats continue, consider reporting this to local authorities as it could be seen as harassment of a minor.
It would be advisable to consult with a local legal professional for specific advice, but based on the information provided, it seems very unlikely that this person has any legal recourse against your cousin or their parents.
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