Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

i recently got a "scratch card" from a sweepstakes company

that stated that i won...
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?
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 16 minutes by:
8/27/2013
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102,955
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
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.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

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

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.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years 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?

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.)
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

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

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.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

PCH (Publishing Clearing House)

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.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

What do you suggest i do?


 

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.
Ask Your Own Consumer Protection Law Question
Customer reply replied 4 years ago

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

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
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102,955
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Thank you for your gratuity.
Ask Your Own Consumer Protection Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102,955
102,955 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

102,955 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
A retail store employee told me if I brought a chair from
A retail store employee told me if I brought a chair from them today, they would deliver it to my home tomorrow. And if I gave them a deposit it would not be refund. What is the difference between rec… read more
Barrister
Barrister
Lawyer
Doctoral Degree
1,607 satisfied customers
I have a dispute with a Travel Trailer manufacturer in
Hi. My name is Paul. I have a dispute with a Travel Trailer manufacturer in Indiana. I bought the trailer in Illinois. I live in Wisconsin. So far about a dozen law firms have turned down my case with… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
There is a Malaysian Anti-corruption commission do they
There is a Malaysian Anti-corruption commission do they check to see if bank accounts could be related to terrorist drugs are anti or laundering … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I purchased tires at Sears. My Father paid with his credit
I purchased tires at Sears. My Father paid with his credit card. the amount on the invoice came to 686.06. The manage charged my dads card 869.00 then when we disputed it the manager added a, the mang… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I think i was taken advantage oe on a largr. I think i was
i think i was taken advantage of on a major car deal , any help? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,972 satisfied customers
My name victor Assouline I was charged $ 50.90 and $2 on the
My name victor Assouline I was charged $ 50.90 and $2 on the 12/27/2017 for a ride I never did . I was all this at the hospital where my wife was having chimio … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been looking for the same information about the
HI , I have been looking for the same information about the united/DTC INS PREM that my father has on his bank statement and can not find any thing about … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been contacted by American dream sweepstake that I've
I have been contacted by American dream sweepstake that I've won 1.3 million dollars. How do I find one … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have to file a notice of dispute with an online video game
I have to file a notice of dispute with an online video game I play. The game has been VERY expensive and their rules have been subverted by other members, resulting in the release of my families name… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,303 satisfied customers
Is there legal ramification for a legitimate company (a
Is there legal ramification for a legitimate company (a large one) that will not stop relentless email spamming without an unsubscribe button or means to get off the spam list? I've asked 5-6x and the… read more
Lori
Lori
Juris Doctor
318 satisfied customers
Could you answer or send me websites which answers this: we
Could you answer or send me websites which answers this: we are arranging a private 10 day packaged tour as a group of 15 people, with a travel-tour company. Our group leader collects money and then p… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
A mechanic determined my transmission needed replaced in my
A mechanic determined my transmission needed replaced in my 97 Ford F-150. He said he couls find me a used one or a remanufactured one. I told him to find a used one. He did and it was no good, the an… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I graduated from ITT-Tech with an associates degree about 2
Hello, I graduated from ITT-Tech with an associates degree about 2 years ago. They assured me that I could transfer my credits to UTD but that was not true. I tried transferring my credits even to a c… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
In the state of WA, can a social worker share medication and
In the state of WA, can a social worker share medication and diagnosis information with any family member? This includes any treatments for a doctor managed pain condition while pregnant? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
My seat belt comes apart. Is this dangerous and the
my seat belt comes apart. Is this dangerous and the manufacturer liable? Car is a 2002 … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,093 satisfied customers
A collections agency I have never heard of before Friday
Hello, A collections agency I have never heard of before Friday apparently filed a suit against me in NJ for a TD bank account I thought had been closed in 2010. It might be too small for getting a la… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Back in November I received a confirmation email from eBay
Back in November I received a confirmation email from eBay regarding a camera for $3097.99 that was purchased from eBay and that it was on the way to me. I immediately replied to that email stating th… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
In a NYS Supreme Court instant foreclosure matter the
Second opinion] In a NYS Supreme Court instant foreclosure matter the plaintiff claims in their complaint to be in compliance with RPAPL 1304. However, the name of the servicer/insurance carrier is to… read more
Damien Bosco
Damien Bosco
3,395 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x