03_art_5

any of the high value prizes promised. Rather, consumers report that their names were placed in a drawing for another prize or that they received an item of nominal value, but all were subjected to a high-pressure sales pitch to buy a car. The Arkansas Prize Promotion Act prohibits sending a prize notice representing that a person is a winner when in fact it is only a promotional scheme designed to make contact with prospective customers.

On July 3, 2019, Attorney General Rutledge issued an Enforcement Advisory to Arkansas Automobile Dealers to immediately cease and desist from using bogus lottery-style games (e.g., scratch-off instant ticket, pull tabs, etc.), or any similar bogus devices, in advertisements or promotions to Arkansas consumers or face legal action for violating the Arkansas Deceptive Trade Practices Act (ADTPA) and the Arkansas Prize Promotion Act. The ADTPA specifically prohibits the use of deception, fraud, or false pretenses in advertising, including the concealment, suppression, or omission of any material fact.

To ensure that dealers were aware of the enforcement advisory, it was issued in coordination with the Arkansas Motor Vehicles Commission and the Arkansas State Police Used Car Division – two agencies that license new and used automobile dealers in the state, as well as the Arkansas Automobile Dealers Association and the Arkansas Independent Automobile Dealers Association. Rutledge also issued cease and desist directives to the marketing companies known to be involved in the production and distribution of these promotional materials mailed to Arkansas consumers on behalf of automobile dealerships.

Consumers who receive a promotion in the mail containing lottery-style games are encouraged to contact the Consumer Hotline at (800) 482-8982 or file a consumer complaint at www.ArkansasAG.gov.