|Posted: July 3, 2008, 11:30 pm - IP Logged|
From a legal point of view, proving "defect" instead of "fraud" may prove to be a much easier suit to win on several levels.
A "defect" suit could possibly contain an onus (or burden) on the State to prove or dissprove.
It could contain a mutli-prong test in which if just one burden is not overcome from the defense (State) could be a victory for the plaintiff. Or in this case, all the players of scratch offs.
I always had a problem with the "retail" level deceptive advertising here in Florida regarding scratchers.
That's why I never buy them.
You would have to sit on the internet and navigate a bunch of different places just to find out if the TOP PRIZE(s) have been claimed.
Put it this way...
It would be like going to a silent auction and the auctioneer continued to sell tickets even after the top ITEMS up for bid were taken and yet no where was it written what has been claimed.
BIG SCAM IMHO!