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Attorney2, Attorney
Category: Business Law
Satisfied Customers: 5532
Experience:  28 Years In General Practice,
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I need some advise on two situations:1) I live in

Customer Question

Hello, I need some advise on two situations:1) I live in Arizona. I sold several electronics to a trade-in company in Missouri. The company provided a prepaid shipping label for USPS and the label showed an insured value for the contents. I used their label and dropped the package off at the post office. I never received payment from the company or even an email, so I contacted them. After a lot of back and fourth it was determined that the post office lost my package. The company claimed they would file for the insurance claim but to date I have not received any payment or communication, other than them saying they can't pay me until they get the payment from USPS. Is that correct? What if this process goes on for months, or longer? Who is liable here? Do I have any recourse? Can I sue? Would I win? Would it have to filed in their county?2) I want to the specifics on sweepstakes laws. A company sponsored a sweepstakes and advertised giving away an expensive car. I examined the Official Rules and the sweepstakes was adminsitered by a well known company. After entering the sweepstakes many times by mail, when it came time to announce a winner there was no winner announced. I checked with the administrator and was told that the sweepstakes was pulled due to "organizational issues" and that all entries would be carried forward to a subsequent sweepstakes that was started. The prize in the new sweepstakes is substantially lower than the one I originally entered into. Is this legal? Can I sue for the difference of the prizes?
Submitted: 5 months ago.
Category: Business Law
Expert:  Irwin Law replied 5 months ago.
Answer to question one: when you ship the product using their mailing label, they became liable to pay for the merchandise. It is their responsibility to file the claim with the post office, not yours. You can sue them for what they owe you, but you will have to go to Missouri to do it.Answer to question two: I hope you are not paying money to enter the sweepstakes. If so, you may have been scammed. If you reread the rules, is probably something in it about their right to cancel the drawing and/or to change the the prize. Again, I hope you're not paying money to enter something like that, most of them are scams.
Customer: replied 5 months ago.
There was no fee to enter the sweepstakes, but I used mail-in entries which did cost me the postage. In any case, I'm upset they ended the sweepstakes and did not provide any notice this happened. There was no notice posted on their website or anything. Plus, they have started a whole new sweepstakes and changed the prize to be less valuable than the one I entered. I want to sue the sponsor and/or administrator for the promotion. Will I have a legal standing?Here is the portion of their Official Rules that applies:Releasees and any Internet access or service providers are not responsible for incorrect or inaccurate entry of entry information, human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access Web sites, or damage to a user's computer system (hardware or software) due to participation in this Sweepstakes. If Sponsor determines, in their sole discretion, that there is any suspected or actual electronic tampering with the Sweepstakes or if technical difficulties compromise the integrity of the Sweepstakes or if any non-compliance with the rules has occurred, Sponsor reserves the right to void the entries at issue and/or terminate the Sweepstakes and conduct a random drawing to award the Prizes using all eligible, non-suspect entries received in the applicable drawing pool as of the promotion end date. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its end date, notice will be posted at Any attempt to deliberately damage the content or operation of this Sweepstakes is unlawful and subject to legal action by the Sponsor or its agents. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account” holder is the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Any online entries submitted by automated means, or third-party, will be disqualified. Entries will not be valid until received by Sponsor.
Expert:  Attorney2 replied 5 months ago.
Welcome and thank you for your question. I am an Arizona licensed attorney and the site asked me to see if I could assist you with your question. I have reviewed the thread between you and another attorney on this site. Let's take your questions one at a time. First have you contacted the United Stated Postal Service on your own to see if your package was delivered? If it was you absolutely have an action against the company and I can go over with you all of the consumer complaints that need to filed against this company. As far as sweepstakes laws what type of company or organization offered the sweepstakes?
Expert:  Attorney2 replied 5 months ago.
Was this offered by an Arizona organization, or business?
Customer: replied 5 months ago.
Hi, yes I checked with USPS, they somehow lost the package completely. The seller started the claim process but USPS contacted me asking for proof of insurance, which I sent a letter back saying the label and insurance was paid for by the company I was sending these to. I never heard back from anyone after that and it's been a good couple months. I have a feeling if I don't take further action I will lose my money all together. What complaints would I need to file?As for the sweepstakes, it's an odd situation. The company is a auto detailer type business, and they raise my suspicions because of several issues I saw, however the company hired an independent reputable sweepstakes administrator. The initial sweepstakes I entered was for a car valued over $60,000. They cancelled that sweepstakes (without notice to anyone) and started a new sweepstakes for a car valued at only $15,000. Supposedly all entries were carried forward from the cancelled sweepstakes. A few issues here--how can this bait and switch type action be legal? Secondly, the company sponsoring the sweepstakes is suspicious, and when I raised those concerns to the sweepstakes administrator nothing was done. I even checked online for their state's corporation commission and could not find the alleged business name even registered. I think the sweepstakes administrator is also exposing themselves to liability because I've notified them of this suspicious company and they chose to ignore it and continue the fraud. What legal actions can I take?Thank you!
Expert:  Attorney2 replied 5 months ago.
As far as the complaints consumers have several options. I would use all of them. The first is to file a complaint with BBB against the company. At best it may change the outcome and at the very least it advises other consumers of the issues (bad business practices) of the company. You filed this with the BBB in Arizona and the State were the company headquarters are located. This is a link for the BBB Each State has an Attorney General that is tasked with consumer protection for the State. You want to file a complaint with the Arizona Attorney General who will investigate the complaint and take action if there is an actionable case. You would file the complaint at At the Federal level the FTC (Federal Trade Commission) handles consumer complaints for consumers in the United States at Let me now take the sweepstakes question in a new post so you can start filing the complaints.
Expert:  Attorney2 replied 5 months ago.
When it comes to sweepstakes the bait and switch is the most common ploy. These matters are also investigated by consumer protection agencies tasked with investigating fraud. The consumer has the option to bring an action for fraud against the company AND/OR file fraud complaints. and Sweepstakes ScamsNot all lotteries and sweepstakes are legitimate. Before you participate, keep these tips in mind:Scam artists often use the promise of a valuable prize or award to entice consumers to send money, buy overpriced products or services, or contribute to bogus charities.Legitimate sweepstakes don't require you to pay to collect your winnings.Scam operators use the telephone and direct mail to entice U.S. consumers to buy chances in foreign lotteries. These lottery solicitations violate U.S. law, which prohibits the cross-border sale or purchase of lottery tickets by phone or mail.Read these tips from the Federal Trade Commission for more information about bogus lotteries and sweepstakes" "Report a ScamIf you think you’ve been targeted by a prize scam, report it to the FTC.You also can contact your:state attorney generallocal consumer protection officelocal media’s call for action lines" You will want to file a complaint with the State Attorney General at FTC If you have any issues with the links please let me know. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. IT would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA! We appreciate your business.
Expert:  Attorney2 replied 5 months ago.
Expert:  Attorney2 replied 5 months ago.
Did you have any additional questions for me?