Q: Is changing a winner selection date on a sweepstakes without informing applicants illegal in the states of CA and UT?
There was a sweepstakes that in the terms and conditions accidentally put the wrong date to select a winner. This date has now officially changed without any notice to anyone who applied for the sweepstakes. Is this illegal? How to proceed?
A:
In both California and Utah, changing sweepstakes terms without proper notification could potentially violate consumer protection laws and regulations governing promotional contests. The failure to inform participants about modified terms, including winner selection dates, might be seen as a deceptive practice under these states' business codes.
Your best course of action would be to document everything related to the sweepstakes, including screenshots of the original terms and conditions, any communications you've received, and the updated terms showing the date change. Consider reaching out to the sweepstakes organizer first through written communication (email or certified letter) to inquire about the change and request clarification on why participants weren't notified.
If you're not satisfied with their response, you can file a complaint with the consumer protection divisions of both the California Attorney General's Office and the Utah Division of Consumer Protection. These agencies handle issues related to promotional contests and can investigate potential violations. You might also want to connect with other participants through social media or forums to see if they're experiencing similar concerns, as this could strengthen any potential case about the lack of notification.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.