Afoul in Florida
Brentwood, TN-based Service Merchandise is being sued by the Florida state attorney general’s office for not awarding a trip for two to Paris, big-screen TVs, and other prizes advertised in a Valentine’s Day promotion for fine jewelry. The number of violations and total penalties sought were not disclosed in the lawsuit.
Service Merchandise spokeswoman Laura Ellis apologized in a statement for what she called a “blunder,” saying that the lack of rewards was due to “administrative mistakes” and not any “intent to deceive.”
The company held a Valentine’s Day promotion for a line of fine jewelry in all 47 of its Florida stores in January and February, according to the complaint, which was filed in Leon County Circuit Court in Tallahassee. The promotion was advertised through direct mail, newspaper inserts, in-store signs, and the company’s Web site.
Florida Attorney General Robert Butterworth claims the promotion was deceptive because customers were required to make a purchase to be eligible for the prizes. Under Florida law, consumers cannot be required to purchase something to enter a sweepstakes. The company gave away only 228 of the 1,013 secondary prizes it claimed it would award, the complaint alleges.
