In the Matter of the ) October 13, 1998 Complainant Against ) ) WINNERS LIST COMMISSION ) ) at ) ) 8726 Barnard Street ) PO Box 95041 Stn South Del Ctr ) Vancouver BC V6P 6W8 ) CANADA ) P. S. Docket No. FOR 98-340 APPEARANCE FOR RESPONDENT: Amada Corry P.O. Box 94668 Stn. Main 7680 River Road Richmond, BC V6Y 4A4 Canada APPEARANCE FOR COMPLAINANT: Janessa Grady, Esq. Consumer Protection Law United States Postal Service 475 L'Enfant Plaza, SW, Room 6333 Washington, DC 20260-1127
POSTAL SERVICE DECISION
On July 14, 1998, Tentative Decision and Order No. 98-82 was issued, which concluded that in accordance with 39 C.F.R. §952.7(), 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 21, 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 number.
Respondent has not shown good cause for dismissing the Complaint. Although Respondent states that its solicitation is an offer to purchase list of lucky numbers, the language of the solicitation does not convey that message to the addressee. Respondent's mailing must be considered as a whole 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 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. 98-82 is now the Final Decision and Order of the Postal Service.
James A. Cohen Judicial Officer