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Google Ran An Illegal Lottery — And We Got Them to Stop

Last Wednesday evening, Google sent out an email to Google Assistant customers announcing a sweepstakes to win a free Google Home Max speaker.

Google email

To get your chance to win, you had to either buy a 2-pack of Google Home Minis smart speakers yourself (or anything else from the Google store), or get a friend to buy two using a special link that would secure your entry. At the bottom of the offer was a terms and conditions link with the contest rules.

*MOUSE PRINT:

Despite the rules saying multiple times “no purchase necessary” to enter the sweepstakes, they provided no free means of entry. You or someone else had to make a purchase for a chance to win. And that makes this an illegal lottery, against federal law and the gambling laws of virtually every state. “Paying a price for the chance of a prize” is the classic definition of a lottery. To convert an illegal lottery into a legal sweepstakes, the promoter must always include a free means of entry.

But Google didn’t do that.

We wrote to their PR folks about 12 hours after their email was sent, contacting both Google and its parent company, Alphabet, pointing out the problem and asking how they were going to remedy it. By that evening Google sent out a new email to customers entitled “Update to Home Max Sweepstakes.”

Google Revised Email

Miraculously, all mentions of a purchase being necessary disappeared from the promotion. And the sweepstakes rules were changed to include an additional alternate means of free entry.

*MOUSE PRINT:

Google updated sweepstakes rules

Did Google or Alphabet reply to our email, or even send a note of appreciation for getting them out of potential legal hot water? Nope.

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Wayfair Called Out on Exaggerated Savings Claims

Wayfair, the large online seller of home goods, had its big “Way Day” sale on April 10th and 11th, promising the “lowest prices of the year” and “up to 80% off.” In the process of checking it out, we discovered often exaggerated savings claims and misleading price comparisons, and not just on Way Day.

Wayfair Way Day

 

Perusing those six categories, some of the discounts seemed too good to be true. For example:

Wayfair memory foam mattress on Way Day

Here they’re claiming this store brand memory foam mattress is on sale for $349.99, marked down from what looks like their $2,100 regular price. That’s 83-percent off, seemingly saving shoppers $1,750!

Many other items were advertised at 40 – 80% off, with some discounts so large as to raise questions about the legitimacy of the savings claimed. To check this out, Consumer World conducted a spot-check of a dozen deeply discounted items from the six categories featured above on April 10, 2019 – the first day of Wayfair’s Way Day 36-hour sale.

Here is the cart with those 12 items:

Wayfair Way Day cart

Scroll down the list.

You’ll see the amazing discounts above that Wayfair was offering.

But the question was, when the Way Day sale was over, would all these items revert to the higher price shown? Or, would you save almost as much if you delayed your purchase or missed the sale and returned later? To find out, we went back the day after the sale ended, April 12, to check the prices of the same dozen items.

Wayfair day after cart

Scroll down the list.

One item we checked was that memory foam mattress pictured at the top of this story. It was on sale during Way Day for $349.99 and was still on sale right afterwards and only slightly higher — $376.99. So customers who purchased that item on Way Day when it was said to be 83% off, really only saved a mere $27.

Wayfair mattress after Way Day

 

All the items went up in price right after Way Day, some by only a little and some by much more. This certainly suggests that the company did lower its everyday prices for the sale and it was a good day to shop there.

But none of the items in our spot-check reverted to the stated crossed out price (the “strike-through price” like the $2,100 reference price for the mattress). In fact, while Wayfair’s claimed savings on Way Day for the items in the sample averaged 71% off, the actual savings on Way Day compared to Wayfair’s everyday prices right after the sale only averaged out to be a 16% discount.

*MOUSE PRINT:

What Wayfair does in their product listings for many sale items, and not just on Way Day, is make it appear that their own regular price is being cut by crossing it out and claiming it is now being offered at an often large percentage-off discount. The trouble is, this is not how Wayfair’s discounts actually work.

Take the mattress pictured above, for example. Is the $2,100 strike-through price really their regular price? Wayfair buries the answer in a 42,000-word page of fine print accessible through an inconspicuous “terms of use” link. Its strike-through price is really the list price or the highest price they ever offered the item, according to that disclosure.

*MOUSE PRINT:

Wayfair terms

The Federal Trade Commission’s Guides Against Deceptive Pricing says that comparison to a high list price or regular price that is rarely charged can mislead buyers as to the discount they actually receive.

Various states have similar false advertising laws. For example, in Massachusetts where Wayfair is headquartered, the company appears to run afoul of state consumer law by not “clearly and conspicuously” stating the basis for its price comparisons and discount claims. Simply put, under the attorney general’s regulations [940 CMR 6.05], when sellers advertise an item as “X% off”, it automatically means the discount is off the seller’s own regular prices – just the way a shopper would understand the claim. If sellers intend the savings claim to be a comparison to any other type of price, they have to finish the comparison — X% off what — such as by stating “83% off list price.” Similarly, putting a line through a higher price suggests it is the seller’s own regular price that is being reduced unless it is labeled otherwise. Wayfair’s product listings fail to make these critical distinctions and disclosures.

And Wayfair has an additional burden. List price comparisons are not even allowed under Massachusetts law unless the seller can demonstrate that a reasonable number of sellers in its trade area actually offer the goods at the stated list price.

We asked Wayfair to comment on our findings and their pricing policies. The company did not respond to two inquiries.

In our view, shoppers are misled when retailers make illusory savings claims based on inflated regular prices rarely if ever charged or by making comparisons to list prices that virtually no one ever pays. Why can’t sellers just play it straight?

Consumer World is turning over its findings to the Massachusetts Office of the Attorney General and other relevant agencies.

The spot-check of prices done by Consumer World is limited in scope, and cannot be used to project the average actual savings on all items during Way Day nor the number of items that did or did not revert to the claimed reference price.

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Thanks for Nothing, 2019 – Part 1

“Thanks for Nothing” spotlights advertising that seemingly promises a great deal, and then lets you down big-time, or makes a product claim that proves untrue, or just makes you scratch your head and laugh.

Example 1:

Buy Dig is an online seller of electronics and other goods. Recently they advertised a pretty high-value coupon online, $50 off.

$50 off

However, if you click-through to see the actual deal, you would no doubt be disappointed.

*MOUSE PRINT:

$2000 purchase required

To save that $50, you have to make a $2000 purchase, saving a mere 2.5% off. Thanks for nothing, Buy Dig.


Example 2:

The problem with this Aunt Jemima syrup doesn’t even require you to read the fine print ingredients statement.

Butter syrup

What? Contains no butter? Thanks for nothing, Auntie.


Example 3:

Nothing turns shoppers off like high shipping costs, but this example takes the cake.

high shipping costs

A cheap, small plastic bottle costs over $18 to ship and the tax is three times the item’s price? Thanks for nothing.


Example 4:

Finally, if you want a quick meal, ramen noodles are about as fast as you can get, and dirt cheap in this offer. The trouble is you could starve before your order arrives.

ramen noodles

Thanks for nothing, Amazon


If you find an offer suitable for a “Thanks for Nothing” mention, please submit it to edgar(at symbol)MousePrint.org .