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Attorney
General Gansler Reaches Agreement with Publishers Clearing
House to Resolve Allegations of Deceptive Sweepstakes Mailings
BALTIMORE,
MD ( September 9, 2010) - Attorney General Douglas F. Gansler
announced today that his Consumer Protection Division along with
31 states and the District of Columbia have entered into a Supplemental
Consent Judgment with sweepstakes company Publishers Clearing House
(PCH) of Port Washington, New York. The Consent Judgment was filed
today in Baltimore City Circuit Court and modifies the terms of a
prior consent judgment filed in 2001.
The 2001 settlement
with PCH included specific conditions aimed at resolving allegations
by Maryland and other states that PCH
engaged in deceptive marketing practices by mailing promotional
materials designed to mislead consumers into believing that purchases
would increase their odds of winning. The states’ recent
investigation raised concerns that PCH was not fully complying
with the Consent Judgment and that consumers could still be misled
by the nature and language of some of the company’s sweepstakes
promotional mailings.
“
Especially in these hard economic times, it is essential that
Maryland consumers making purchases from sweepstakes marketers
like Publishers Clearing House are making those purchases because
they want the product, not because they think it will improve
their chances of winning,” said Attorney General Gansler.
The supplemental judgment
includes additional restrictions on PCH’s marketing practices and also includes additional conditions
to help ensure that consumers are not further misled or confused
by the company’s sweepstakes promotions. The new settlement
also greatly increases consumer surveys to ensure that consumers
understand that purchasing does not increase their chances of winning
a sweepstakes prize. In addition, the company agreed to pay $3.5
million to the states, of which Maryland will receive $40,000 for
consumer education.
In addition to Maryland, states participating in the settlement
include Oregon, Alaska, Arizona, Colorado, District of Columbia,
Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Michigan,
Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Mexico,
North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island,
South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia,
Washington, West Virginia and Wisconsin.
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