06-24-2005, 07:02 AM
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#9 (permalink)
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Addict
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This is the entire story off the msnbc.com website. I think this lady has a good case & I think I would file suit also.
Woman Sues Radio Station After Receiving Candy Bar As Prize In Contest
WLEX-TV(AP) -- A woman who won a radio contest has sued after the station tried to award her a candy bar instead of cash.
Norreasha Gill filed a complaint Wednesday in Fayette District Court against Atlanta-based Cumulus Media Inc., which owns WLTO-102.5 FM in Lexington. Gill says the station and its parent company breached a contract to pay $100,000 after a contest prize was revealed to be a Nestle's 100 Grand.
Gill said in the suit that night host DJ Slick sponsored a contest to "win 100 grand." Gill, 28, won the contest by listening to the radio show throughout the night and being the 10th caller.
Before the family went to bed, Gill promised her children - ages 1, 5 and 11 - that they'd have a minivan, a shopping spree, a savings account and a home with a back yard.
She went to the radio station the next morning to pick up her prize, but was asked to return later when DJ Slick would be in the office. When she got home, though, the station manager had left a message explaining that she had won a 100 Grand candy bar, not money. Later, he offered her $5,000, Gill said.
"I said I wanted $95,000 more," she said. "Nobody would watch and listen for two hours for a candy bar.
"What hurts me is they were going to get me in front of my children, all dressed up, and hand me a candy bar, after all those promises I made to them. You just don't do that to people," she told the Lexington Herald-Leader.
DJ Slick, who was not named in the lawsuit, did not return an e-mail from the newspaper. WLTO and Cumulus declined to comment, identify the DJ by his given name or say whether anybody was fired because of the incident. The host said on his Web site that he had left his job at the radio station.
Experts said Gill's case will rely on state contract law but the radio station also could face actions by the Federal Communications Commission, which licenses radio stations.
FCC regulations say contest descriptions can't be false, misleading or deceptive and that stations must conduct contests as advertised. Stations in two other states have been fined for contests that told listeners they'd won cash prizes without specifying they were in Italian or Turkish lira, not U.S. dollars.
In November, another Cumulus-owned station pulled a hoax that flooded county government offices with calls. The Lexington-Fayette Urban County Council threatened to file an FCC complaint, but did not after the morning show hosts apologized and were temporarily suspended.
http://www.msnbc.msn.com/id/8330609/
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Originally Posted by dlishsguy
well i have a hyperthetical one for yaz...
say the radio station didnt have the cash. do they go into liquidation just to pay her the extra $95,000?
i really do think shes being ungrateful. i dont think the station was deceptive, misleading or false. its all about what someone percieves or interprets the prize would be. shes at fault as much as anyone.
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It is deceptive and misleading if someone can assume they have won $100,000 instead of a 55 cent candy bar (depending on where you live). Can you explain why she is ungrateful and at fault? Companies have been put out of business by lawsuits before so I don't see why this is any different. They tried to punk this lady. If I were her I would try to double my winnings.
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A little rudeness and disrespect can elevate a meaningless interaction to a battle of wills and add drama to an otherwise dull day. Calvin
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