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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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There's a oregon auto group sending out game ticket. you

Customer Question

there's a oregon auto group sending out game ticket. you match numbers or symbols to win. top prizes 25000 dollars or 2007 subaru second prize 5000.00 third 2000.00 fourth prize 1000.00. but if you win. they don't honor the prize. it's a bait and switch. they try to give you a trip. my playing card shows a prize of 5000.00 dollars
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

How do you know they don't honor this? Was it denied?

Customer: replied 1 year ago.
it was denied. they tried to give me a lesser prize.
Expert:  LegalGems replied 1 year ago.

Thank you for that additional information.

OR has a very comprehensive and protective consumer protection law labeled the Unfair Deceptive Trade Practices Act.

The Unlawful Trade Practices Act prohibits many practices, most of them involving some form of deception or misrepresentation by the seller, and specifically including prize misrepresentations. Here is a list of the most common violations of the Unlawful Trade Practices Act:

  • misrepresenting the characteristics, benefits and qualities of the product or services offered;

  • making false or misleading statements about prices, including price reductions;

  • causing confusion about important aspects of a transaction, such as the approval, sponsorship or certification of the product by others;

  • representing that used or altered goods are new;

  • discrediting another’s products or services by false or misleading representations about them;

  • false advertising;

  • false representations about the availability of credit;

  • false representations that goods are available for sale when in fact the goods are not available, or available in only a very limited quantity;

  • false or misleading representations about prizes, contests or promotions used to publicize a product, business or service;

  • promises to deliver by a certain time with intent not to deliver as promised;

  • unauthorized service or dismantling of goods or real estate; and

  • telephone or door-to-door solicitation without proper identification.

The actual statute is located here:

http://www.oregonlaws.org/ors/646.608

The legislature allows for the recovery of legal fees, actual damages, and even punitive damages (in order to preclude further violations of the act).

Those statutes are here:

http://www.oregonlaws.org/ors/646.632

http://www.oregonlaws.org/ors/646.638

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