Legal Question in Consumer Law in Ohio
Today I received a flyer addressed to "[Previous Resident's Name] OR CURRENT RESIDENT". It is from an auto dealership, and half of it advertises a contest. The flyer includes a tic-tac-toe board, with only the center square covered with a scratch-off spot. The other spaces on the board are (transparently and unabashedly) filled with symmetrical pairs of matching prizes, such that the center square is guaranteed make three-in-a-row of ONE of the prizes (including an SUV, an ATV, $500 gift card, $2000 value of Apple products, $2 cash, or $100 cash) -- except for the ATV which is not found on the board. I assumed that when I scratched off the center square, it would obviously be the ATV, causing there to be no three-in-a-row. But instead, it was the SUV in the center square, with the word "WINNER". I still assumed the obvious, that I had not come anywhere close to winning anything, but began searching for the loophole that would result in my not winning the vehicle, as it was not immediately evident. The prizes were even listed right next to the tic-tac-toe board, with their odds of winning, and the vehicle I had "won" was listed at 1:500,000. Being a very open-minded, existential person, I just had to find the loophole, but there were neither any asterisks, nor any fine print.
I finally found the fine print, on the webpage listed on the flyer. It DID contain this line: "If prize confirmation code printed on mail piece matches a prize code on the winning prize board posted in the dealership showroom, you will receive the prize that corresponds to the confirmation number." Now, if this were the whole point of the contest presented to me, just the concept of a code number, and finding out whether it is a winning number or not -- WITHOUT the whole tic-tac-toe thing -- I would have completely understood. But considering that I am staring right at a lottery-style scratch-off game which shows three SUV's in a row with the word "WINNER", I, the consumer, am left to assume that the confirmation number is just used for their verification -- e.g., to prove that I didn't print out a counterfeit winning flyer myself --, and that what I'm seeing on the tic-tac-toe board is in fact the truth.
I called the dealership to find what their explanation was for the flyer. They directed me to the instructions presented on the flyer:
"SCRATCH OFF THE CENTER CIRCLE
Match 3 items in a row
AND YOU WIN ONE OF THE PRIZES
ON OUR SHOWROOM FLOOR"
... "ONE OF" the prizes. So this is where they can get away with awarding you the $2 prize when you show up. But still, as the consumer viewing this flyer, I assumed that the use of the terminology "one of" was used only because the prize is variable, relevant to the statement itself (i.e., the instructions don't know which prize you have won, so they cannot say "AND YOU WIN THE SUV" or "AND YOU WIN THE $500 GIFT CARD", and therefore must instead resort to the wording "AND YOU WIN ONE OF THE PRIZES ... ". So it can easily be assumed that "ONE OF THE PRIZES ON OUR SHOWROOM FLOOR" still does refer to the winning 3-in-a-row pictures on the tic-tac-toe board ... ["If that weren't necessarily the prize I've won," thinks the consumer, "then why is there a tic-tac-toe board at all? Therefore, that must be the prize I've won."
So, of course what I'm getting at is, is there any chance of a lawsuit here for something such as false advertising? I feel I'd be a fool to believe so, but I have heard of lawsuits in which, if you take the instructions LINGUISTICALLY LITERALLY, the advertiser was being entirely honest, but merely very misleading. I suppose the major problem here is, no one is being hurt. At worst, they are coming to the dealership and not getting the prize they expected. No one is being forced to make a purchase to claim their prize or anything. But does that mean they can just put out any crazy, deceptive ad they like?
My apologies for the long, somewhat rambling question, but I wanted to be as clear as possible. Thank you.
1 Answer from Attorneys
I do quite a bit of Ohio Consumer Law with regards to car sales and advertisements. If you could send me a scan of the front and back of the offer, I would be able to give you a better idea of what your rights are. My email address is [email protected]. I don't charge for an initial consultation to review documents to see if I can help you out.
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