2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways. From “The Annoyance Lawyer” to Bobbleheads to “You’re Probably Never Going to Be A Winner.” The most depressing thing is the lawsuits themselves, often filled with either corrupt sponsors or litigious plaintiffs. But if you read far enough, you might just learn a few takeaways to help you or your client stay out of court (or find some arguments to get the case dismissed). Enjoy. (more…)
Posts Tagged: CAN-SPAM
You May Be A Loser (Does the Recent Publishers Clearing House Class Action Lawsuit Portend Changes in Sweepstakes Law?)
On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from Publishers Clearing House (PCH) believing this would increase his chance of winning the PCH Sweepstakes, sued PCH in federal court in New York claiming PCH was guilty of a number of deceptive trade practices.
For years PCH has been the poster child for questionable sweepstakes and a lightning rod for investigations. Everyone knows it’s “You May Already Be a Winner” slogan (at least we do here), and that at any moment they may creep up to your house, ring the doorbell like a hyperactive kid on Halloween, and pounce on you with a ginormous winner’s check. And for years, consumers and regulators alike have been patrolling the PCH Prize Patrol, this time with a multi-million dollar lawsuit that reads like a primer on sweepstakes law. (more…)