If you receive a letter
or phone call with a message like this, be skeptical. The
$5,000 "prize" may cost you hundreds of dollars in taxes or
service charges - and never arrive. Your "fabulous" prize
may not be worth collecting. The diamond is likely to be the
size of a pinhead. The "vacation" could be one night in a
seedy motel, and the ATV, nothing more than a lounge chair
on wheels!
Scam artists often use
the promise of a valuable prize or award to entice consumers
to send money, buy overpriced products or services, or
contribute to bogus charities. People who fall for their
ploys may end up paying far more than their "prizes" are
worth, if they get a prize at all.
What these people are
likely to get - especially if they signed up for a contest
drawing at a public place or event - may be more than they
bargained for: more promotions in the mail, more
telemarketing calls and more unsolicited commercial email,
or "spam." This is because many prize promoters sell the
information they collect to advertisers.
Worse yet, contest
entrants might subject themselves to a bogus prize promotion
scam.
And The Winner Is...
Everyone loves to be a winner.
A recent research poll showed that more than half of all
American adults entered sweepstakes within the past year.
Most of these contests were run by reputable marketers and
non-profit organizations to promote their products and
services. Some lucky winners received millions of dollars or
valuable prizes.
Capitalizing on the
popularity of these offers, some con artists disguise their
schemes to look legitimate. And an alarming number of people
take the bait. Every day, consumers throughout the United
States lose thousands of dollars to unscrupulous prize
promoters. During 1999 alone, the Federal Trade Commission
received more than 10,000 complaints from consumers about
gifts, sweepstakes and prize promotions. Many received
telephone calls or postcards telling them they'd won a big
prize - only to find out that to claim it, they had to buy
something or pay as much as $10,000 in fees or other
charges.
There's a big difference
between legitimate sweepstakes and fraudulent ones. Prizes
in legitimate contests are awarded solely by chance, and
contestants don't have to pay a fee or buy something to
enter or increase their odds of winning. In fraudulent
schemes, however, "winners" almost always have to dip into
their pockets to enter a contest or collect their "prize."
Skill Contests
There's one notable exception:
skill contests. These are puzzles, games or other contests
in which prizes are awarded based on skill, knowledge or
talent - not on chance. Contestants might be required to
write a jingle, solve a puzzle or answer questions correctly
to win.
Unlike sweepstakes, skill
contests may legally require contestants to buy something or
make a payment or donation to enter.
It's important to
recognize that many consumers are deceptively lured into
playing skill contests by easy initial questions or puzzles.
Once they've sent their money and become "hooked," the
questions get harder and the entry fees get steeper.
Entrants in these contests rarely receive anything for their
money and effort.
Consumer Protections
Several consumer laws help
protect consumers against fraudulent sweepstakes and prize
offers promoted through the mail or by phone.
Telephone
Solicitations
Telemarketers frequently use
sweepstakes and prize contests to sell magazines or other
goods and services. These telemarketers make an initial
contact with consumers through "cold calls," or take calls
from consumers who are responding to a solicitation they
received by mail.
The Telemarketing Sales
Rule helps protect consumers from fraudulent telemarketers
who use prize promotions as a lure. In every telemarketing
call involving a prize promotion, the law requires
telemarketers to tell you:
-
the odds of winning a
prize. If the odds can't be determined in advance, the
promoter must tell you the factors used to calculate the
odds.
-
that you don't have to
pay a fee or buy something to win a prize or participate
in the promotion.
-
if you ask, how to
participate in the contest without buying or paying
anything.
-
what you'll have to pay
or the conditions you'll have to meet to receive or redeem
a prize.
The Telemarketing Sales
Rule prohibits telemarketers from misrepresenting any of
these facts, as well as the nature or value of the prizes.
It also requires telemarketers who call you to pitch a prize
promotion to tell you before they describe the prize that
you don't have to buy or pay anything to enter or win.
Written Solicitations
Many sweepstakes promotions arrive by mail as a letter or
postcard that instructs the consumer to respond by return
mail or phone to enter a contest or collect a prize.
The Deceptive Mail
Prevention and Enforcement Act helps protect consumers
against fraudulent sweepstakes promotions sent through the
mail. The law prohibits:
-
claims that you're a
winner unless you've actually won a prize.
-
requirements that you
buy something to enter the contest or to receive future
sweepstakes mailings.
-
the mailing of fake
checks that don't clearly state that they are
non-negotiable and have no cash value.
-
seals, names or terms
that imply an affilia-tion with or endorsement by the
federal government.
Skill Contests
Skill contests also are
covered by the new Deceptive Mail Prevention and Enforcement
Act. The law requires the sponsors to disclose in a clear
and conspicuous way:
-
the terms, rules and
conditions of the contest.
-
how many rounds of the
contest you must achieve to win the grand prize.
-
the time frame for the
winner to be determined.
-
the name of the
contest's sponsor.
-
an address where you
can reach the sponsor to request that your name be removed
from the mailing list.
Just Say "No"
Another way to protect yourself is to request that your name
be removed from mail and telephone solicitation lists.
The Telemarketing Sales
Rule requires telemarketers to keep a "do not call" list of
consumers who have asked not to be called again. Calling a
consumer who has made this request is illegal and can
subject the telemarketer to a hefty fine.
The Deceptive Mail
Prevention and Enforcement Act requires companies that use
direct mail to maintain a similar "do not mail" list for
consumers who call or write and ask that their name be
removed from the mailing list.
This new law gives
caregivers the right to have the names of the friends and
loved ones under their care removed from the mailing lists
of undesirable solicitors.
Another way to reduce
mail and telephone solicitations is to contact the Direct
Marketing Association to request that your name be placed on
its "do not call," "do not mail" and "do not email" lists.
Association members agree not to solicit consumers who have
requested that they not be contacted.
To have your name removed
from direct mail marketing lists, write: Direct Marketing
Association, Preference Service Manager, 1120 Avenue of the
Americas, New York, New York 10036-6700. To have your name
removed from telemarketing lists, write: Direct Marketing
Association, Preference Service Manager, 1120 Avenue of the
Americas, New York, New York 10036-6700. To "opt out" of
receiving unsolicited commercial email, use the DMA's form
at www.e-mps.org.
A Dozen Ways to
Protect Yourself
The next time you get a
"personal" letter or telephone call telling you "it’s your
lucky day," the Federal Trade Commission encourages you to
remember that:
-
Legitimate sweepstakes
don’t require you to pay or buy something to enter or
improve your chances of winning, or to pay "taxes" or
"shipping and handling charges" to get your prize. If you
have to pay to receive your "prize," it’s not a prize at
all.
-
Sponsors of legitimate
contests identify themselves prominently; fraudulent
promoters are more likely to downplay their identities.
Legitimate promoters also provide you with an address or
toll-free phone numbers so you can ask that your name be
removed from their mailing list.
-
Bona fide offers
clearly disclose the terms and conditions of the promotion
in plain English, including rules, entry procedures, and
usually, the odds of winning.
-
It’s highly unlikely
that you’ve won a "big" prize if your notification was
mailed by bulk rate. Check the postmark on the envelope or
postcard. Also be suspicious of telemarketers who say
you’ve won a contest you can’t remember entering.
-
Fraudulent promoters
might instruct you to send a check or money order by
overnight delivery or courier to enter a contest or claim
your "prize." This is a favorite ploy for con artists
because it lets them take your money fast, before you
realize you’ve been cheated.
-
Disreputable companies
sometimes use a variation of an official or nationally
recognized name to give you confidence in their offers.
Don’t be deceived by these "look-alikes." It’s illegal for
a promoter to misrepresent an affiliation with – or an
endorsement by – a government agency or other well-known
organization.
-
It’s important to read
any written solicitation you receive carefully. Pay
particularly close attention to the fine print. Remember
the old adage that "the devil is in the details."
-
Agreeing to attend a
sales meeting just to win an "expensive" prize is likely
to subject you to a high-pressure sales pitch.
-
Signing up for a
sweepstakes at a public location or event, through a
publication or online might subject you to unscrupulous
prize promotion tactics. You also might run the risk of
having your personal information sold or shared with other
marketers who later deluge you with offers and
advertising.
-
Some contest promoters
use a toll-free "800" number that directs you to dial a
pay-per-call "900" number. Charges for calls to "900"
numbers may be very high.
-
Disclosing your
checking account or credit card account number over the
phone in response to a sweepstakes promotion – or for any
reason other than to buy the product or service being sold
– is a sure-fire way to get scammed in the future.
-
Your local Better
Business Bureau and your state or local consumer
protection office can help you check out a sweepstakes
promoter’s reputation. Be aware, however, that many
questionable prize promotion companies don’t stay in one
place long enough to establish a track record, and the
absence of complaints doesn’t necessarily mean the offer
is legitimate.