Legal Question in Civil Litigation in California
Telemarketing Fraud
I entered a contest that did not specify certain restrictions may apply. When I was called, they said the restrictions did apply and they are not willing to give me my prize. The asst. supervisor admitted to me over the phone, that my entry form did not say certain restrictions apply. Does this constitute as fraud and are they legally obligated to give me my prize?
2 Answers from Attorneys
Re: Telemarketing Fraud
I don't know about fraud, but it certainly sounds like a breach of contract. I would advise taking them to small Claims Court.
Re: Telemarketing Fraud
The short answer, as with most legal questions is: it depends. If you can prove that you were not advised of any restrictions then they cannot claim that they formed a part of the contract.
The non-legal answer however, is that with a bit of effort on your part you can probably 'persuade' them to give you your prize. I had some personal experience in this regard -- I received a 'prize' that compared with what they had represented it to be as canned green beans are to fresh green beans. I launched a letter and phone campaign directly with them and eventually reached a satisfactory conclusion. I suggest you follow the same approach.
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