In the Matter of the Complaint Against ) August 25, 1998
)
AUDIT OFFICE )
)
at )
)
7680 River Road )
PO Box 94308 Stn Main )
Richmond BC V6Y 2A8 )
CANADA ) P. S. Docket No. FOR 98-304
APPEARANCE FOR COMPLAINANT: Janessa L. Grady, Esq.
Consumer Protection Law
United States Postal Service
Washington, DC 20260-1127
APPEARANCE FOR RESPONDENT: Amanda Corry
PO Box 94668 Stn Main
7680 River Road
Richmond, BC V6Y 4A4
Canada
On June 30, 1998, Tentative Decision and Order No. 98-52 was issued which concluded that in accordance with 39 C.F.R. §952.7(b), the orders authorized by 39 U.S.C. §3005(a) should be issued against Respondent. Accompanying the Tentative Decision and Order was a "Notice of Tentative Decision and Order" which advised Respondent that unless it presented good cause for dismissing the Complaint within 45 days of the date of the Tentative Decision, the Tentative Decision and Order would become final. On August 19, 1998, Respondent filed a timely reply in which it contends that it does not sell lottery tickets, but instead, it offers for sale lists of lucky lottery numbers.
Respondent has not shown good cause for dismissing the Complaint. Although Respondent states that its solicitation is an offer to purchase lists of lucky numbers, the language of the solicitation does not convey that message to the addressee. Respondent's mailing must be considered as a whoIe and its meaning determined in the light of its probable impact on the mind of the ordinary reader.(1) The language and format of the solicitation clearly connect the numbers to a lottery and create the impression that the fee to be remitted entitles the recipient to participate in a lottery enterprise.(2)
Moreover, even though Respondent may not actually offer the addressee the opportunity to purchase a lottery ticket, its sale of numbers to be used in a lottery evidences Respondent's intimate involvement in a scheme for the distribution of money by lottery, and thus under the plain meaning of 39 U.S.C. §3005, Respondent is "engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money . . . by lottery, chance, or drawing of any kind . . . ."(3)
Accordingly, pursuant to 39 C.F.R. §952.7(b), Tentative
Decision and Order No. 98-52 is now the Final Decision and Order
of the Postal Service.
James A. Cohen
Judicial Officer