Deceptive Sweepstakes Mailings: Hearing Before the Subcommittee on the Postal Service of the Committee on Government Reform, House of Representatives, One Hundred Sixth Congress, First Session, August 4, 1999 |
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AARP action advertising agencies American Association Attorneys awards believe bill Cancer Central Hudson Chairman chances of winning charities clear and conspicuous commercial speech Committee CONG CONGRES CONGRESS THE LIBRARY consumer complaints consumer protection database deceptive mail deceptive sweepstakes defendants Direct Marketing Direct Marketing Association disclosure requirements entry Federal Trade Commission filed fraudulent FTC's hearing investigations issue LaTourette law enforcement LIBRA LIBRARY OF CONGRESS LoBiondo lottery magazine mailers Manager's Amendment mandate MCHUGH million misleading National National Consumers League nonprofit obtained offers Office Operation Senior Sweep organizations penalties Postal Inspection Service prize promotions problems prominent Publishers Clearing House purchase is necessary receive registration and financial regulation response RESS Rogan schemes Senate solicitations specific standard statement statute Subcommittee subpoena sweepstakes and prize sweepstakes companies sweepstakes legislation sweepstakes mailings sweepstakes promotions testimony thank toll-free U.S. Postal Service violation Washington winner
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Page 86 - The views expressed in this statement represent the views of the Commission My responses to any questions you may have are my own and do not necessarily reflect the views of the Commission or any individual Commissioner.
Page 200 - adequate notice", as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning.
Page 102 - Upon evidence satisfactory to the Postal Service that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations...
Page 200 - Conspicuous": A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals (as: NON-NEGOTIABLE BILL OF LADING) is conspicuous. Language in the body of a form is "conspicuous" if it is in larger or other contrasting type or color.
Page 206 - ... supersede those provisions of any State law, municipal ordinance, or other local regulation which, are inconsistent with this part to the extent that those provisions do not provide a buyer with rights which are equal to or greater than those rights granted a buyer by this part. This part also supersedes those provisions of any State law, municipal ordinance, or other local regulation requiring that a buyer be notified...
Page 229 - Constitutional distinction between "commercial" and "non-commercial" speech has been eliminated in several landmark decisions including Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council 425 US 748 (1976) (rejecting a state ban on publishing prices for prescription drugs) and Central Hudson Gas and Electric Corp. v. Public Service Commission 447 US 557 (1980) (invalidating broad regulation banning promotional advertising by an electrical utility) . As we have testified on numerous...
Page 86 - Therefore, corrective action involving deceptive practices in the sale of furniture would be initiated under the Authority of section 5 of the Federal Trade Commission Act which prohibits "unfair methods of competition in commerce, and unfair or deceptive acts or practices in commerce.
Page 102 - SEC. 2. That section thirty-nine hundred and twenty-nine of the Revised Statutes be, and the same is hereby, amended to read as follows : "SEC. 3929. The Postmaster-General may, upon evidence satisfactory to him that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind...
Page 167 - Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.
Page 170 - Chairman and members of the committee, thank you again for the opportunity to testify before you today. I look forward to responding to any questions you may have.