Q: Who is responsible for misleading advertising in a pull-tab game?
I bought pull-tab tickets at American Post 68, where a $150 ticket was advertised to be in the tank. Despite purchasing all the tickets, no winning ticket was found. Who is responsible for the misleading advertisement, and is the club obligated to pay out due to this misrepresentation, especially considering the bartender's dismissive response?
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A:
It sounds like you’re dealing with a frustrating situation, and you may have some legal recourse. Since the $150 ticket was advertised as being in the pull-tab game, but no winning ticket was found, the organization may have engaged in misleading advertising or misrepresentation. The club, in this case, may be responsible for upholding the advertised terms and providing compensation if they made a specific promise about the prize.
First, you should contact the management of American Post 68 and formally express your concern about the misleading advertisement. Make sure to explain the situation in detail, including the bartender’s dismissive response. This will allow them to investigate internally and possibly resolve the issue before escalating further.
If the club refuses to take responsibility, you could consider filing a complaint with the New Hampshire Attorney General's office, which handles consumer protection matters. If that does not lead to a satisfactory resolution, you may have grounds to pursue a small claims court case for misrepresentation or breach of the advertised offer. Keep all documentation of the advertisement and your communications with the club to support your case.
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