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NEWS-SUN, EVENING STAR & HERALD-
REPUBLICAN

Sweepstakes industry hits unlucky streak

Attorneys general allege contests not 'fair, free or fun'

Originally printed in the Evening Star 2/25/99

By CINDY BEVINGTON

INDIANAPOLIS - "Fair, fun and free."

At a national meeting of attorneys general in Indianapolis Wednesday, representatives for mail-order companies that use sweepstakes for their promotions denied that the offers make people think they have to buy something to win.

"(Our) sweepstakes are fair, fun and free," said Linda Goldstein, of the Promotion Marketing Association. "Eight out of 10 households (get the offers through the mail) ... and the vast majority of consumers understand how they operate, that there is no purchase necessary."

Goldstein and two other mail-order industry representatives, Robert Sherman of Direct Marketing Association and Michael Pashby of Magazine Publishers of America, were invited by the attorneys general to testify at the public hearing.

The attorneys general, 11 of whom attended Wednesday, have formed a subcommittee to investigate sweepstakes fraud. Headed by Indiana Attorney General Jeff Modisett, the committee believes the mail-order industry has gone too far with mailings that say things like "YOU ARE A WINNER" or "ONLY YOU AND ONE OTHER PERSON HAS THE WINNING NUMBER" in bold print and personalized with the recipient's name.

The mailings are deceptive and dishonest, the attorneys general told the three sweepstakes industry representatives. And, the attorneys added, senior citizens are especially susceptible to believing they are winners. Some even purchase tens of thousands of dollars worth of merchandise they don't need and can't use, all in the belief that buying something makes them more qualified to win, the attorneys said.

To prove their point, the attorneys invited four seniors or family members of seniors who lost money on sweepstakes offers to testify. The daughter of a man who died broke last year said her father spent $108,000 buying magazines and a myriad of gadgets, books and other items - all in the belief that he was a winner of sweepstakes such as Publisher's Clearing House, American Family Publishers and United States Purchasing Exchange.

An Indiana woman who was featured in The Evening Star in January also testified, saying she had lost more than $50,000 trying to win USPE's and other sweepstakes. Betty Weimer, who initially wanted to remain anonymous but later changed her mind and went public, said the mailings made her believe she was the winner.

Weimer's three daughters, all of whom either live in or own businesses in the four northeast Indiana counties, tried to get her to stop spending her money, Weimer testified. But, even after her garage was filled to the brim with things she didn't need, and even after she'd spent her entire life savings, she didn't stop, she said

"I couldn't," Weimer said. "I felt I was in too deep to stop. I know I hurt my children. But I felt like I had to get my money back." Holding up a fistful of canceled checks to USPE that totaled more than $16,000, she said, "I truly believed them when they said I was the one."

It was a mind-set similar to a gambler's - that the losses were so big only a win could validate what she'd done. Two professors from Yale University and Arizona State University testified as to the psychology of why seniors seem to be more gullible than other age groups when it comes to sweepstakes offers.

And, even though the sweepstakes industry representatives repeatedly told the attorneys that only a "small percentage" of people have this mind-set, the attorneys zeroed in on testimony such as Weimer's.

They have received thousands of complaints from sweepstakes victims across the nation, they said, and each victim's testimony is the same - with only the amount of losses differing.

Saying they believe the complaints they've heard are only "the tip of the iceberg," the attorneys blasted industry officials when they said "internal" policing from the industry could reduce the number of victims. The sweepstakes offers are not fair, fun or free, the attorneys general said one by one to the industry representatives.

The industry is dragging its feet in coming forward to help, said Florida Attorney General Bob Butterworth, and that is why some kind of national legislation and governmental action is necessary.

In fact, the U.S. Senate and House of Representatives are looking at the industry, too, with drafts of bills that would impose regulations, the attorneys said. "I think we've made it very, very clear we have an issue that needs to be dealt with," Modisett told the crowd.

Then, with every major print and broadcast news agency in the country present, Modisett announced that the attorneys general - many of whom are pursuing litigation against sweepstakes companies in their own states - won't take any more excuses from the industry.

All day long, TV crews and newspaper reporters swarmed around the victims who came to testify. Weimer, in particular, was in demand for interviews. TV camera crews met her in the lobby of her hotel as she checked in the night before the meeting.

Cameras descended on her as soon as she walked into the hearing the next day, and focused on her all day long. About mid-day, she learned that NBC's "Today Show" officials - who had told her they wanted to interview her - planned to whisk her off to New York City on a plane.

She appeared live on the show shortly before 8 a.m. today with one of her daughters. The media attention, coupled with what she heard at Wednesday's hearing, enlightened her in no other way possible, Weimer said before she left at the hearing's close.

"I think I've realized I'm not winning. I just think they need something like this to convince people, to show them they are losing their money and taking away their future," Weimer said. "If I could see the light, I think others will, too."

STAR REPORTER'S SWEEPSTAKES SERIES WINS NATIONAL AWARD

 


EXCLUSIVE TO THIS WEB SITE:

A letter to The Evening Star editor from Indiana's Attorney General

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National issue, local example, big news

Persons to contact if you believe you may be the victim of a sweepstakes scam:

National Association of Attorneys General
750 First Street, NE, Suite 1100
Washington, DC 20002
PH: (202) 326-6000
FAX: (202) 408-7014

Office of Attorney General
Steve Carter

402 W. Washington St.
Fifth Floor
Indianapolis, IN 46204
PH: (317) 232-6201
FAX: (317) 232-7979

National Fraud Information Center 1-800-876-7060

National
Consumer's League
1-202-835-3323

Federal Trade Commission 1-877-382-4357
(toll free)

E-mail
Cindy Bevington
or Evening Star
editor Dave Kurtz.

WATCH FOR ADDITIONAL STORIES EXCLUSIVE TO THIS WEB SITE!

 


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