2004 Texas Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagtx0085 and id is 1 raw text is: ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
January 13, 2004
The Honorable Leticia Van de Putte, R. Ph.     Opinion No. GA-0133
Chair, Veteran Affairs and Military Installations
Texas State Senate                             Re: Whether a certain promotional campaign
P.O. Box 12068                                 violates chapter 40 of the Business and
Austin, Texas 78711-2068                       Commerce Code, the Contest and Gift
Giveaway Act (RQ-0080-GA)
Dear Senator Van de Putte:
You ask whether a certain promotional campaign violates chapter 40 of the Business and
Commerce Code, the Contest and Gift Giveaway Act.'
.     Background
Your questions pertain to a used car sales business's promotional campaign. A marketing
firm hired by the business mails promotional materials to 10,000 individuals within a particular
metropolitan area. Request Letter, supra note 1, at 1. The promotional materials state
that the individuals receiving such promotional materials, which
include a sealed envelope with a key inside, can .. . win a car if the
individuals come to the dealership on the date listed in the
promotional materials and try the key in the ignition of such vehicle.
If the key starts the engine, the individual wins the vehicle.
Id. The promotional materials further state, 'Do not remove key from the envelope unless you are
in the presence of a sales associate.' Id. The promotional materials also provide the date and the
time of the sales event. See id.
You inform us that on the day of the event, numerous individuals appear at the sales location
of the used auto sales business to test their keys in the 'prize vehicle.' Id. The business responds
to the individuals who arrive with keys by asking them if they are interested in purchasing a used
vehicle:
'See Letter from Honorable Leticia Van de Putte, R. Ph., Chair, Veteran Affairs and Military Installations, Texas
State Senate, to Honorable Greg Abbott, Texas Attorney General (July 15, 2003) (on file with Opinion Conunittee)
thereinafter Request Letter].

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