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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 87773
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i recently got a "scratch card" from a sweepstakes company

Resolved Question:

i recently got a "scratch card" from a sweepstakes company that stated that i won $500 a week for life as it is stated on the card when contacting them they said it goes into a draw.I am confused why it says that i won that money but instead i did not win anything is that not fraud?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Are you stating that you won $500 a week for life, but, have to share this prize with someone else who also won, you mean?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

No i don't have to share it with anybody.

Expert:  Ely replied 1 year ago.
Thank you. Then how come does it go into a draw? I am sorry, can you please clarify? Apologies for the confusion and thank you in advance again for your patience.
Customer: replied 1 year ago.

Entry Instructions that i followed on the back of the card.


1.Scratch off all gold boxes on each card


2.Look for 3 matching prize amounts.


3.Follow instructions on back of each card for your opportunity to win the matching price amounts for give away numbers xxxx and xxxx.You must also return your Official Entry-Order Form to arrive by the deadline.


In front "Will you Scratch&Match 3 Price Amounts?

Expert:  Ely replied 1 year ago.
Friend,

Okay, thank you.

What a lottery ticket is essentially is an agreement. You agree to pay one dollar, etc, and they agree that if the ticket is right, they pay you out $x amount.

If this is what the ticket states, and they are not doing this and are adding extra rules (which are not on the ticket or any other source of rules that the ticket states such as a website), then you may have a case.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, one may have a cause of action for:

BREACH OF CONTRACT - It is well established that, in an action based on breach of contract, the plaintiff has the burden of proving the existence of a contract, breach of the contract, and resulting damages. Chartone, Inc. v. Bernini, 83 P.3d 1103, 1111 (Ariz. Ct. App. 2004).

MONEY HAD AND RECEIVED - when money that someone else has in good equity belongs to you. Markel v. Transamerica Title Insurance Company, 442 P. 2d 97 - Ariz: Supreme Court 1968.

FRAUD - (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker's knowledge of its falsity or ignorance of its truth; (5) his intent that it should be acted upon by and in the manner reasonably contemplated; (6) the hearer's ignorance of its falsity; (7) his reliance on the truth; (8) his right to rely thereon; and (9) his consequent and proximate injury. Nielson v. Flashberg, 101 Ariz. 335, 419 P.2d 514 (1966).

May I recommend the Martindale directory - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

This sweepstakes "lottery" that comes through the mail that i signed up for through the internet.

Expert:  Ely replied 1 year ago.
Friend,

While this does not change my answer, I would be highly cautious with online lotteries. The vast majority are scams, or at the very least VERY SHADY. If you tell me what company this is, and the site, I can give you more information.
Customer: replied 1 year ago.

PCH (Publishing Clearing House)

Expert:  Ely replied 1 year ago.
This sweepstakes is one of the most impersonated. You can verify if you are a real winner by calling their one and only verification line at: 1-800-392-4190. That is the only line that verify if you really are a winner. If so, my answer stands. If not, then this is a scam and I am sorry.
Customer: replied 1 year ago.

What do you suggest i do?


 

Expert:  Ely replied 1 year ago.
Call the number and see if you are a winner or not. If not, cancel your card and dispute since this is a scam. If you really are, retain counsel and pursue this matter if you'd like.
Customer: replied 1 year ago.

Where do i find a lawyer that specializes in cases like this?

Expert:  Ely replied 1 year ago.
Friend,

This link should help (it is the same one I provided above):

http://www.martindale.com/

Practice areas should include: business law, consumer protection, contracts, and general practice.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Satisfied Customers: 87773
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 12 other Consumer Protection Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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