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STATE OF OREGON v PUBLISHERS CLEARING HOUSE Click to find out why . . .



Keywords & Phrases
CaseNo: SOOVPCH222022, CourtName: IN THE CIRCUIT COURT OF THE STATE OF OREGON, Plaintiff: STATE OF OREGON, State: OR Oregon, UniqueCaseRef: LCD>SOOVPCH222022, Consumers, Pch, Prize, Unlawful Trade Practices, Complaint Alleging Violations, Bulletins, Purchase, Exhibit, Sweepstake, Amended Complaint Alleging, Oregon, Ors, Mailings, Entry, False Impression, Customers, Representing, Rule Oar, Winning, Misleading, Solicitor, Household, Magazines, Merchandise, Advertising, Sweepstake Entry Opportunities, Letters, Nature, Paragraph , ContentID: 120250219

Case Documents
1 1997-01-01 AMENDED COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 124094
10 pages
PDF
Total Documents: 1 document , 10 pages
Price: $ 19.95


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1 . AMENDED COMPLAINT

EXTRACTED KEY WORDS
PCH
PRIZE
UNLAWFUL TRADE PRACTICES
COMPLAINT ALLEGING VIOLATIONS
BULLETINS
PURCHASE
EXHIBIT
SWEEPSTAKE
AMENDED COMPLAINT ALLEGING
OREGON
ORS
BUSINESS
MAILINGS
ENTRY
FALSE IMPRESSION
CUSTOMERS
REPRESENTING
RULE OAR
WINNING
MISLEADING
SOLICITOR
HOUSEHOLD
MAGAZINES
MERCHANDISE
ADVERTISING
SWEEPSTAKE ENTRY OPPORTUNITIES
LETTERS
NATURE
PARAGRAPH


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     4                            IN THE CIRCUIT COURT OF THE STATE OF OREGON

     5                                         FOR THE COUNTY OF MARION

     6  STATE OF OREGON, ex rel HARDY                                 Case No.  00C10706
           MYERS, Attorney General for the State of
     7  Oregon,                                                       (Assigned to the Honorable

     8                          Plaintiff,                            AMENDED COMPLAINT ALLEGING
                                                                      VIOLATIONS Of the Unlawful
     9   v.                                                           Practices Act
                                                                      (ORS 646.605 et seq.)
10  PUBLISHERS CLEARING HOUSE,

11                            Defendant.

12
13                  Plaintiff, State of Oregon, claims for relief for violations of Oregon's

14  Practices Act (UTPA), ORS 646.605 to 646.656.  Plaintiff alleges that all times material herein

15  and during the period January 1, 1997, to the present:

16                                                              1.
17                  HARDY MYERS is the Attorney General for the State of Oregon and sues in his

18  capacity pursuant to ORS 646.632.

19                                                              2.

20                  Defendant, PUBLISHERS CLEARING HOUSE (PCH) is a New York limited

21  partnership doing business in the State of Oregon as a direct mail solicitor.

22                                                              3.

23                  The Circuit Court for the State of Oregon has personal jurisdiction over

24  pursuant to ORCP 4A (4).  Defendant has engaged in substantial activities within the State of

25  Oregon by operating a business providing consumer goods primarily for personal, family, and

26  household use.  All transactions took place in the course of defendant's business.
SNIPPETS:
  • 14 Practices Act, ORS 646.605 to 646.656.
  • 21 partnership doing business in the State of Oregon as a direct mail solicitor.
  • Page 1 - AMENDED COMPLAINT ALLEGING VIOLATIONS Of the Unlawful Trade Practices
  • many other items of merchandise including collectible figurines, sports memorabilia, coins,
  • household items, personal care items, books and tapes.
  • In addition to the direct mailings, PCH also advertises heavily in a variety of other
  • 13 PCH sends additional bulletins, most of which offer sweepstake entry opportunities.
  • These form letters include notes
  • See Exhibit 1 attached.
  • deceptive advertising practices.
  • vulnerable consumers described in paragraph 8.
  • they comprise 30% of PCH customers.
  • 12 and graphics to create the false impression that the document is urgent and legally
  • 18 bulletin format is particularly effective with the vulnerable consumers described in
  • 19 The actual chance of winning a major prize in a PCH sweepstake is approximately one in
  • entry made without a purchase.
  • magazines to preserve their right to receive future sweepstakes entry opportunities.
  • 22 fully understand the nature of defendant's bulletins and related correspondence.
  • and its implementing rule OAR 137-020-0440 by misleading consumers to believe they have
  • 12 and its implementing rule OAR 137-020-0440by representing by implication that multiple
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