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Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 30933
Experience:  30 years experience in general legal matters.
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Have I won $5000.00, or not? Is this add a fraud, or not?

Customer Question

Have I won $5000.00, or not? Is this add a fraud, or not? I've been told that I have not won the $5000.00 prize and would like to know why I have not!
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Loren replied 8 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Can you tell me more about the contest and why you thought you won? What did you believe you had to do to claim the prize?

Customer: replied 8 months ago.
I have scanned documents you'll probably need to look at.
Expert:  Loren replied 8 months ago.
I do not see any disclaimer on this or reference to any rules of the game. Why dows the dealer claim you have not won?
Customer: replied 8 months ago.
Scan_3 is the one you'll really need to see. I was told to read the fine print which, I do not understand. It looks like I can not add Scan_3 to this email!
Expert:  Loren replied 8 months ago.
Can you tell me what it says? Does it contain a disclaimer or state that it can only be claimed as a credit towards the purchase of a car?
Expert:  Loren replied 8 months ago.
Are you still online with me?
Customer: replied 8 months ago.
I don't see anything like a disclaimer. I'm going to try to attach it again now.
JustAnswer will not allow me to attach the only real important file!
Expert:  Loren replied 8 months ago.
Ok.
Customer: replied 8 months ago.
I am.
Expert:  Loren replied 8 months ago.
Thank you.
Expert:  Loren replied 8 months ago.
Is there anything which states how the prize is redeemed or paid out?
Customer: replied 8 months ago.
It says that I must travel to the dealership to claim the prize.
Expert:  Loren replied 8 months ago.
Does it say how it is paid out? Is it a credit towards the purchase of a car?
Customer: replied 8 months ago.
I'm not a Lawyer but, when I look at Scan_2.jpg's Red 7's lined up with, WIN! $5,000 CASH, it sure makes me think I've won!!!
Customer: replied 8 months ago.
Is there anyway I can send Scan_3 to you?
Expert:  Loren replied 8 months ago.
Without a disclaimer or restrictions/conditions on the manner it is paid out, my thought is that this may skirt a violation of consumer fraud laws. What I would recommend is that you file a consumer complaint with the state attorney general. They will investigate and take action if deemed appropriate.
If they find the consumer laws were violated then you may be able to assert a claim to receive the prize. The court may also be able to award punitive damages and attorney fees.
Expert:  Loren replied 8 months ago.
I can not receive email through the JA platform
Expert:  Loren replied 8 months ago.
Here is a link to the AZ attorney general to file a consumer fraud complaint:
https://www.azag.gov/complaints/consumer
Customer: replied 8 months ago.
you really have not helped me at all, have you?
This is a shame as I would have loved to pay you for your help!
Expert:  Loren replied 8 months ago.
I would love to be able to see that third scan
Expert:  Loren replied 8 months ago.
Why can you not upload it? You gormthe other pages uploaded.
Expert:  Loren replied 8 months ago.
By the way, those scratch offs are a common marketing "come on" used by time shares, mostly, and car dealers less frequently.
I suspect the fine print either provides that you have the opportunity to participate in a drawing to win the prize or that you can apply it to the purchase price of a new car. Do you see anything like that?
Expert:  Loren replied 8 months ago.

JA forwarded me the 3rd page.

Apparently, according to the terms, having a match "qualifies" you to come into the dealer and check the confirmation code to see if it matches the winning confirmation code at the dealer. So, if you have the match and then go to the dealer and the confirmation code, in addition to the match, also shows on the list of winning confirmation codes in the dealer, you will win $5000. You are not a winner with only the matching $5000 scratch off.

Expert:  Loren replied 8 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 8 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (5 stars) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.