Legal Question in Business Law in California

payment for service?

i received a letter in the mail that basically says if i were to send one dollar to each of six names included in the letter, then remove one of the names and add my own name and send this new list out to 200 people, with the invitation for these 200 people to then send the letter out to 200 people, etc. that if even a small percentage of the people respond, each sending one dollar, i could receive a LOT of money, as my name moves through the six positions on the list. (e.g. assuming a 10% response rate, i would ultimately receive 20x20x20x20x20x20 dollars)

the letter also included a clause, which the issuer claims makes this letter legal under title 18, sec. 1302 of the US Postal and Lottery Laws. The clause is, that with each dollar sent, the sender includes his/her name and address, with a note requesting that i "put them on my mailing list". The letter i received claims that this clause makes the one dollar sent actually a payment for a service (i.e. putting the name on my mailing list).

is this technically legal? can i send out 200 letters basically asking the recipient to send me one dollar to be put on my "mailing list", and am i therefore legally entitled to the payment rendered?

please let me know. thanks!


Asked on 8/26/99, 7:05 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: payment for service?

Mail fraud is an extremely serious offense and your "cute" little disclaimer will not keep you out of jail. Proceed at your own risk.

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Answered on 8/27/99, 6:02 pm


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