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Contracts Keyed to Fuller
Harris v. Time, Inc.
Citation:
191 Cal. App. 3d 449, 237 Cal. Rprt. 584 (1987)Facts
The plaintiffs received a direct mail advertisement from Time, Inc. with a see-through window revealing the text “I’LL GIVE YOU THIS VERSATILE NEW CALCULATOR WATCH FREE Just for Opening this Envelope Before Feb. 15, 1985.” The envelope also displayed a picture of the calculator watch. However, after opening the envelope, recipients discovered additional text not visible through the window stating “AND MAILING THIS CERTIFICATE TODAY!” The certificate inside required purchasing a subscription to Fortune magazine to receive the free calculator watch. Joshua Gnaizda’s father demanded Time provide the watch without requiring a subscription, which Time refused. The plaintiffs then filed a $15 million class action lawsuit seeking declaratory relief, an injunction against similar mailings, compensatory damages equal to the value of the watch, and punitive damages to fund consumer education and advocacy.
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