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Consumer Law Keyed to Pridgen, 5th Ed.
Freeman v. Time, Inc.
Citation:
68 F.3d 285 (1995)Facts
Michael Freeman received two separate computer-personalized mailers from Time, Inc. promoting the “Million Dollar Dream Sweepstakes” for Money magazine and Sports Illustrated. The mailers contained statements in large type representing that Freeman had won the sweepstakes, such as “MICHAEL FREEMAN HAS WON $1,666,675.00,” qualified by language in smaller type indicating Freeman would win only if he returned a winning prize number. The promotional materials included official entry certificates with “yes” and “no” options for magazine subscriptions, separate return envelopes, and official rules stating that random selection would occur by April 1, 1994, with chances of winning dependent upon the number of entries distributed and received, estimated not to exceed 900 million. Freeman filed two separate complaints in California Superior Court alleging breach of contract, fraud, and violations of California’s Unfair Business Practices Act and Consumer Legal Remedies Act, seeking monetary damages, restitution, disgorgement of profits, and injunctive relief.
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