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: Lawsuit
“Beer: The cause and solution to all of life’s problems.”
Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor to turn the taps off and take down negative reviews about the company. Craft Beer Stellar filed an amended complaint in the District of Massachusetts, which is now subject to a motion to dismiss filed on May 11. The claims, defenses and legal issues raised are exactly what you would expect in a fight over negative online reviews.
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…)