Posted on 07/14/2005 4:10:52 AM PDT by Cowman
Woman Sues Over Radio Station's Toy Hummer April Fools' Prank
Last Updated: 07-13-05 at 2:58PM
LOS ANGELES (AP) - A listener is suing a radio station she said promised her a new Hummer H2 and instead gave her a remote-controlled model as an April Fools' Day prank.
Shannon Castillo, 25, sued Taft radio station KBDS "The Play" 103.9 after it presented her the toy car for winning a weeklong "contest" in which listeners were supposed to track the number of miles two H2s traveled around town. DJs at the station gave regular updates on the vehicles' supposed travels.
She said she hired a baby sitter for her two children so she could arrive at the station at 6 a.m. on the day of the giveaway, April 1. After she waited for two hours, she said, a DJ pulled up in the back of a truck and handed her and another listener remote-controlled toy cars.
"They put us on the radio all week long, just portraying how they couldn't believe that we believed they were actually giving away real cars," said Castillo, a Bakersfield housewife. "I just couldn't believe that they would actually humiliate someone like that."
The station did not return a call for comment Wednesday.
A series of photos on the station's Web site shows Castillo being presented the toy. In the last photo in the series, she signals her displeasure with an obscene gesture.
"On April 1st (Fool's) we ran a contest...'Win A Hummer'. Do you know how many people actually participated thinkin' we were gonna give away an actual hummer? Not on this day!!!" the Web site says.
Castillo's lawyer, Scott Perlman, said the station's misrepresentation of the prizes being offered violated state law and Federal Communications Commission regulations. The lawsuit, filed June 21, seeks $60,000, about the cost of a real H2.
"Any time you conduct a contest you have to be brutally honest about how you're conducting the contest and what you're giving away," Perlman said.
He said the station indicated the H2 had 22-inch rims, suggesting the vehicle itself was full-sized.
The case recalls one from 2002 in which a Florida Hooters restaurant waitress sued over a contest in which she thought she won a Toyota for selling the most beer to customers but was presented a toy Yoda doll, one of the "Star Wars" characters. The restaurant said the contest was an April Fools' joke. The waitress received an undisclosed settlement.
Perlman said he believed the restaurant in that case had actually been more honest than the radio station.
"A play on words like that you can get away with," he said.
I don't need to lighten up, and it's no big deal to me. All I'm saying is that she'll probably win the case. The law is very strict and clear with regard to conducting TV & radio contests.
They also did not promise anyone anything. Yes there are stupid people. However, as a business, you better live up to what you promise. There are bait and switch laws in this country.
Great point..
How about McDonalds advertises that they are giving away Free Big Macs, and then when you drive out there they go, "Ha Ha, We're just kidding!"
They would be under violation of the law for false advertising!
There are alot of idiots in the world, and this thread is bringing them out of the woodworks with their defense of the radio station.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
They intentionally led on that it was a real vehicle with "22 inch rims".
They intentionally misled the public as to what the prize was.
They should pay.
22-inch wheels? Sounds like a dimension to me.
I wonder how rich you have to be to laugh off 60 grand.
The long and short of it is that they held a contest, she won, and they reneged. I'd sue without the slightest shame.
She is certainly smart enough to file a virtual slam-dunk lawsuit. What does that say about the other 'winner'?? ;^)
Hmmm.... Should any advertisement be able to be called a "practical joke" whenever a store or business establishment decides to not to honor it?"
April Fools is tradition in this country and I hate to see that practical jokes on that day become illegal because of some hypersensitive dumbasses can't take a joke.
Boo-hoo, you hurt my feelings. Give me a break and grow up. You sound like all the other idiots out there who are "offended" at everything.
I wouldn't hesitate to sue at all. I'd have my lawyer at their door on April 2nd.
TS
There's currently a suit involving a radio station offering 100 Grand as a contest prize. Turned out to be a 100 Grand candy bar. Maybe if they lose enough in these "contests" they'll learn. Then again if you listen for a few minutes to the "disk jockeys" you can see that they haven't learned anything in their life so far.
You and me both.
The April Fools joke played all week before "April Fools Day".
So when they were advertising the Hummer over March 26th, 27th, 28th, 29th etc.. It's okay to do because the Punchline was on April 1st?
Your position is at the height of ridiculous absurdity.\
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
From the article:
"He said the station indicated the H2 had 22-inch rims, suggesting the vehicle itself was full-sized."
If I'm the judge, that seals the deal. The station, and the DJs, stepped in it right there. I'd find in favor of the plaintiff.
Sorry if my previous post blew your generous offer. But then maybe someone will still take you up on it.
So, If someone were to say to you
"A priest, a rabbi, an exotic dancer, and a duck walk into a bar."
you would take it as a news bulletin?
TS
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.