You Might Be a Winner
        A blog from the attorneys of Verrill

        You Are a Winner – Sweepstakes Scams Are Still Popular

        by Robert Laplaca on December 22, 2015

        Recently, an affluent and intelligent businessman received a letter on Publishers Clearinghouse letterhead complete with the PCH logo and signed by its CFO informing him – by name – that he was selected as the second place winner in the 100 Million Dollars Super Cash Giveaway Promotion sponsored by Reader’s Digest, Mega Millions and Multi-State Lottery Association. (bold in original) He “won” $1.5 million. The letter instructed him to contact the claims manager at a real phone number and provide him with the “Security Code” identified in the letter. The letter even advised him that pursuant to Federal and State law, this Security Code must be kept confidential “which means, you are precluded from discussing your win with third parties.” As a very nice courtesy, the letter came with a check for $8,500 “to cover insurance and attorneys fees.”

        We typically think that only shut-ins, octogenarians, and dreamers may be duped by these tactics, but the prize letter was so close to believable that a prominent businessman needed to confer with a promotions lawyer for an opinion on its legitimacy. To the trained eye, it was clear that this was a hoax. Common red flags include: “winning” a sweepstakes you never entered; an oddly-named promotion; receiving a substantial check prior to any winner validation process; obvious misspellings in the prize notice; questionable sponsors, such as lottery agencies; a warning to keep the winnings confidential; any request for payment; and simply, the appearance of something too good to be true.

        So take this as a reminder that sweepstakes scams are still prevalent, the scammers are trying to get more sophisticated and even sensible people can be taken in. (The state lotteries themselves actually bank on the lure of winning millions upon millions of dollars when you have a better chance of being crushed to death by a vending machine – it’s true, the odds of winning a $550 million Powerball are about 1:175 million compared to a 1:112 million chance of death by vending machine.) The lessons to be learned: Please be careful when you or a client receives any prize notice and carefully consider whether you really need that late-afternoon Snickers bar.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...