So I get a flyer for a car dealership and I can win $25,000 or even double that or 3 gold coins. Of course it’s a scam and what I would get are 2 scratch tickets that could let me win $25,000. But even if I don’t win I get 3 gold coin*
*small small print they are actually golden dollars.
I would consider this bordering on illegal. No one would EVER refer to a presidential golden dollar as a “gold coin” and I believe it is purposefully misleading you into thinking they are actual gold coins like the US Eagle or Canadian Maple Leaf. Can you really advertise in big bold print that someone will win “a new car” and as a 2 point ariel disclaimer say “Hot Wheels car” and have it stand up in court?
How good are their lawyers? Do you think they didn’t vet the ad before it went out? What foundation do you have for your claim that a golden dollar is not a gold coin? Did you read through every word of the fine print? Do you have any evidence this type of advertisement has ever been found illegal?
You can always report anything to your state’s attorney general. But just from your description I don’t see anything at all that you can even complain about, let alone be actually illegal.
They are certainly coins but as there is no actual gold used, I don’t think that they can fairly call them gold coins. Golden perhaps, or gold colored; but they are not gold coins. I think there is justification for a lawsuit but I also think there are too many frivolous lawsuits for issues that could be resolved with a little common sense and a few seconds of actual thought.
Although they are misrepresented, the actual prize is clarified in the small print. If the only two prizes are gold coins or $25000, common sense tells you that there’s a gimmick somewhere. While there may be grounds for a suit, you shouldn’t be rewarded for not doing your due diligence.
Gold is by definition a color (among other things). If these things are coins, and of a suitable color, then they are gold coins. No more grounds for any legal action than if they’d called them yellow coins.
When you go to the hardware store electrical section and see an ivory switchplate do you complain because it’s made out of plastic and not out of an elephant’s tusk?
I suspect there may be statutory rules defining what can be called “gold” - I think the rule is 14 carat as minimum. The “gold” chain sold for $1/foot in the mall kiosk is gold-filled or some such term - the gold is formed into a tube and filler wire is run inside - the tube is then run through dies to shrink it to wire size.
Just as you see food-like stuff advertised as “chocolaty” - the rules for “chocolate” are specific about content.
Lawsuit may be a waste, but most places have some sort of business practices group (Consumer Protection Bureau? Trade Practices?) that monitors advertising and can penalize businesses for false or misleading advertising. Print media like flyers would probably be handled by the local state.
IANAL but most such cases are based on what a “reasonable” person would assume; so nobody expects the switch plate to be made of real ivory (illegal) and ivory is a short-hand for “ivory-coloured” - whereas the adjective for “gold-coloured” is golden, not gold, covered is “gold-plated”, and a reasonable person most likely would take “gold” for “made out of gold”. (or at the very least, part gold).
The way I read it, you paid nothing for the flyer or the tickets, and are guaranteed(?) to win three dollars. It’s different only in degree from the time-share come-ons where you’re guaranteed one of five or six FAAAAABUULLOUUS prizes, one of which is a “rich-sounding stereo system” that is actually a $5 radio. You’d have to find, or legally summon, some kind of promise of value before you could call this a scam or a deception.
It’s not clear that this is false advertising. If the winner gets pretty much anything conforming to the language of the come-on - three “gold coins” or “golden coins” or whatever, be they 24kt gold or plastic or chocolate gelt, I think you’d have a hard time making a false advertising case. Especially if the winner’s investment consists entirely of setting foot across the seller’s threshold. The come-on has absolutely nothing to do with sale or product terms that were contravened.
You have to remember that all advertising contains false elements, and advertising as a whole is institutionalized lying. The point at which it’s legally, contractually or ethically/morally “false advertising” is entirely a matter of degree.
Would a reasonable person really think that the car dealership was giving out REAL gold, valued at about $1600 an ounce, for free? That type of puffery seems to be accepted in society, as much as I hate it.
Further, there is no consideration. It’s just a promise, and courts don’t enforce promises. The OP is not out anything.
How about asking it this way:
Let’s say I go to court and the judge agrees that a golden dollar is not the same thing as a gold coin. The advertisement showed presidential dollars but it also has a couple
3 GOLD COINS with one of them with an asterix that leads you to
*Presidential golden dollars
Would the judge rule that I’m entitled to $3 or 3 actual gold coins (probably the 1/10 toz. Eagle)?
I would guess that 19 times out of 20, a judge would rule that you get 3 Presidential coins. That type of puffery has been allowed for a while as much as I hate it. Just like the word “FREE!” “Buy this book and you get this key chain ABSOLUTELY FREE!”
That’s not what “free” means. That just means that for the advertised price, you get a book and a key chain. Free is totally without cost and it is false, IMHO, but it is allowed.
And you may be right with the consideration part. Even though the dealership gets nothing by you showing up, the courts strain to find consideration and may consider that since you drove to their lot, there was an increased chance that you would buy a car, so that is enough consideration to form a contract. I don’t agree with it, but I would probably be in a minority of judges on that issue.
Rules on gold content/labeling - been a while since I read it closely, but I think if there is an asterisk after the “gold” or “gold coin” - they have qualified the word “gold” as required by the rules.
If they were offering it as a prize for winning - I could see an argument - as it is a consolation prize that everyone gets - I don’t think they would get anything other than a letter from the FTC asking them not to do it again.
Suing them I don’t think will work - but I could be wrong.
Did they picture gold eagles? If not - there are gold coins with 1/20 and 1/50th (I think) - from other countries.
