Complaint Review: National Magazine Exchange (NME) - Clearwater Florida

Friday, April 29, 2005

Reference: I am filing a formal complaint against a company that is sending fraudulent and deceptive sweepstakes notifications.

COMPANY INFORMATION

Name: National Magazine Exchange (NME)

AKA Special Data Processing Corporation

AKA National Publishers Exchange

AKA USApubs Inc.

AKA Clearinghouse Magazine

AKA Million Dollar Sweepstakes

AKA National List Exchange

AKA National Telemarketing Exchange

AKA National Publishers Exchange

AKA Strike It Rich Sweepstakes

AKA Trilegiant Corporation

AKA Magazine & Membership Connection

AKA Team MMC

AKA Trilegiant Loyalty Solutions

fka Cendant Membership Services

fka SafeCard Services

fka CUC International Membership Services

AKA NationJob Network

AKA Clever Clubhouse

AKA AutoVantage Gold

AKA Buyers Advantage

AKA Buyer's Appreciation

AKA Cell Insure

AKA Complete Home

AKA Global Travel Assistance

AKA Great Fun

AKA Guardian Plus

AKA Guaranteed Low Price

AKA HealthSaver

AKA Hot-Line Credit Card Registry

AKA International First Class Select

AKA Just for Me

AKA National Card Registry

AKA Netmarket.com

AKA Personal Identity Protection

AKA Privacy Guard

AKA Purchase Refund Guarantee

AKA Shoppers Advantage )

AKA Small Business Central

AKA Ticket Shield

AKA Travel Accident Insurance

AKA Travel ER Allegiant Travel ER

AKA Travelers Advantage

Address: 16120 U.S. 19 North

Clearwater, FL 33764

P.O. Box 9086

Clearwater, FL 33758-9086

28 East 28th Street

9th Floor,

New York, NY 10016

4141 South point Dr E

Suite A, Jacksonville, FL 32216

7825 Campus Drive

New Port Richey, FL 34653 (Marchman Technical/Adult Education Center)

3001 East Pershing Blvd

Cheyenne, WY 82001 (Trilegiant Corporation)

100 Connecticut Ave

Norwalk, CT 06850 (Trilegiant Corporation)

40 Oakview Drive

Trumbull, CT 06611 (Trilegiant NOC)

39 Lindeman Drive

Trumbull, CT 06611 (Clever Clubhouse)

Telephone: 727-535-0205 (Clearwater offices)

888-326-2738 (Strike It Rich 3 Sweepstakes Entry Center)

800-214-6422 (Great Fun Online)

800-235-0826 (from credit card statement)

800-235-3630 (National Magazine Exchange corporate office consumer division 8am-5pm M-F)

800-310-6247 (800-310-MAGS)

800-316-6247 (800-316-MAGS - Sweepstakes Entry Center)

813-524-3600

800-235-6247 (800-235-MAGS - Sweepstakes Center)

727-815-8196 (per NME BBB listing)

727-816-1040 (Marchman Technical, New Port Richey office)

727-816-1075 (Marchman Technical, New Port Richey office)

212-503-4400 (New York offices)

800-772-6247 (800-772-MAGS - USApubs/NME Customer Service)

727-563-6624 (National Publishers Exchange)

727-536-8004 (National Publishers Exchange former number))

904-332-4535

888-SDP-PAYS (888-737-7297) (Special Data Processing agent signup info)

307-771-2765 (Trilegiant)

203-956-1000 (Trilegiant)

203-416-2000 (Trilegiant DNS administration)

203-956-1314 (Trilegiant employment)

888-617-CLUB (888-617-2582) (Clever Clubhouse)

Fax: 727-538-0254 (Clearwater offices)

212-503-4444 (New York offices)

727-536-9904 (National Publishers Exchange)

307-771-2747 (Trilegiant)

203-416-7023 (Trilegiant DNS administration)

203-956-1005 (Trilegiant employment)

COMPLAINT/INQUIRY

NME is violating the California law by sending fraudulent and deceptive sweepstakes notifications to California residents.

I received an official looking Important Delivery Letter (down the side of the envelope) on Friday, April 29, 2005. After opening, the envelope there is 1 piece of paper.

N.M.E.

16120 U.S. 19 North

Clearwater, FL 33764

OFFICAL NOTICE

CALL 1-800-235-6247

ID# **********

DEAR ******

WE ARE TRYING TO REACH YOU REGARDING YOUR $1,000,000.00 SWEEPSTAKES ID#*********.

PLEASE CALL US AT THE ABOVE NUMBER. THIS IS A FREE CALL.

SINCERELY- PAT HAINES - SALES REPRESENTATIVE

*******************AUTO**3-DIGIT 958

Prize will be awarded as 30 annual installments of $33,333.34 each.

There is no purchase required to enter or win and a purchase will not improve your chances of winning.

On the backside of this 1 piece of paper, it states the following:

Entry instructions:

Please call the telephone number on the reverse at your earliest convenience regarding your $1,000,000 Sweepstakes IV. Number.

$1,000,000.00 "Strike It Rich IV" Sweepstakes Official Rules

$1,000,000 STRIKE IT RICH IV SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

To enter, follow all entry instructions specified elsewhere in this offer. Sweepstakes begins 12:01 AM Eastern Time (ET) or 11/1/2003. No unsolicited mal-in entries accepted at Sponsor's address. One entry per person and household per day, irrespective of the method of entry.

STRIKE IT RICH IV SWEEPSTAKES: $1000000.00 GRAND PRIZE CONSUMER DISCLOSURES: One grand prize will be awarded. The winner of the guaranteed Grand Prize can choose either a $1000000.00 Annuity payable in 30 annual installments of $33,333.34 (value of annuity as of the date these rules were Printed: $467,628.93) or one lump sum payment of $400,000. Estimated odds of winning: 1:50,000,000. You have not yet won. No purchase is necessary. Your entry must be received by the date specified elsewhere in this offer or by 11:59PM (ET) on 12/15/2005, whichever is sooner. Sponsor: National Magazine Exchange, 16120 US 19 North, Clearwater, FL 33764.

STRIKE IT RICH IV SWEEPSTAKES: EARLY BIRD/BONUS PRIZE CONSUMER DISCLOSURES: One Early Bird/Bonus Prize will be awarded. The winner of the Early Bird/Bonus Prize will receive $5,000.00 in Cash or his/her choice of merchandise or travel prize offered by Sponsor valued at $5,000.00. To qualify the Early Bird/Bonus Prize, your entry must be received by the Early Bird entry deadline specified elsewhere in this offer or by 11:59 PM (ET) on 12/15/2005, whichever is sooner. Estimated odds of winning: 1:50,000,000. You have not yet won. No purchase is necessary. Sponsor: National Magazine Exchange, 16120 US 19 North, Clearwater, FL 33764.

The following applies to any prize offered above: if offered online, online entrants subject to all online entry and eligibility qualifications online disclosures, and sponsor's privacy policy, which will be displayed on Website. Sponsor is not responsible for lost late, misdirected, illegible, mutilated or postage due mail or for incorrect or inaccurate capture of entry information or for failure of telephone network, computer equipment, software, human error or any combination thereof. All entries become the Sponsor's property and will not be returned or acknowledged. Any sweepstakes notice that contains or results from any error will be void. If due to any error, more than one winning prize notice is issued, the prize will be awarded in a random drawing from among all eligible entries received in response to such notices.

Winner(s) will be determined in a random drawing on or about 12/31/2005 by an independent judging organization whose decisions are final. Winner(s) will be notified by mail and will be required to complete, sign, and have notarized an affidavit of eligibility, release of liability and, where Legally permissible, a publicity release which must be received within 14 days of date printed on notification on an alternate winner will be selected in a random drawing. Prize(s) delivered within approximately 30 days of receipt of executed affidavit if prize notification letter is returned as undeliverable, prize will be awarded to alternate in a random drawing. If prize is won by a minor, it will be awarded in the name of parent a legal guardian who must execute affidavit and releases on minor's behalf. All taxes on prizes are the responsibility of the winner. Acceptance of a prize constitutes permission (except where prohibited by law) to use winner's name, hometown, likeness, prize won and comments about winning for purposes of advertising, promotion and publicity (in any and all media including online) without additional compensation. A prize is not transferable or assignable except to a surviving spouse.

Sweepstakes open to legal residents of the 50 United States and the District of Columbia age 18 and older at time entry. This sweepstakes will be presented in conjunction with various promotions and solicitations offered by the properties, subsidiaries, divisions, licensees owned by or affiliated with National Magazine Exchange, Special Data Processing Corporation and/or by their advertisers and marketing partners. Employees, their immediate families and those living in same household of the Sponsor, all sweepstakes presenters and their respective advertising, promotional agencies, and the independent judging organization are not eligible. All federal, slate, and local laws and regulations apply. Void where prohibited by law.

For name of winner (available within 90 days after the drawing), send a self-addressed, stamped envelope by 12/15/2005 to Strike It Rich IV Winners, P.O. Box 9176, Medford, NY 11763-9176.

If you would like to have your name and address removed from any future sweepstakes mailings from our company, you may do so by calling 1-800-690-3623.

Based upon your consumer report and because, at the time of this correspondence, you meet our credit criteria, YOU HAVE BEEN APPROVED TO RECEIVE OUR MAGAZINE OFFER ON CREDIT. This credit may not be extended if, after you respond, we find you no longer meet our credit criteria. If you would like to have your name and address removed from any future pre-approved solicitations, you may do so by calling the automated Opt-Out Request Line at 1-888-567-8688 or by writing the credit bureaus below:

Trans Union Market Opt Out, P0 Box 97328, Jackson, MS 39288; Consumer Opt Out Services, Experian credit Marketing, P0 Box 919, Allen, TX 75013; or Equifax Options, P0 Box 740123, Atlanta, GA 30374.

Residents of South Dakota and Louisiana; If you chose to take advantage of our magazine offer, your order will be entered with the publisher(s), so we must limit tire cancellation period to ten (10) days from the day of receipt by the consumer.

Could you please investigate the blunt fraudulent and deceptive sweepstakes notifications that this company is sending to consumers here in California.

I look forward to your response and keeping me informed about my following complaint.

Respectfully yours,

Paul

Sacramento, California
U.S.A.

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