FTC Demands Publisher Refund Millions Over Misleading Marketing Tactics

Gavel on pile of hundred dollar bills

Nearly 282,000 Americans are finally getting justice as the Federal Trade Commission forces Publishers Clearing House to pay $18.5 million for allegedly tricking consumers into believing purchases would help them win big prizes.

Key Takeaways

  • Publishers Clearing House (PCH) is refunding $18.5 million to 281,724 consumers who were allegedly misled by deceptive marketing tactics that implied purchases would increase chances of winning sweepstakes.
  • PCH allegedly targeted vulnerable populations, particularly older and lower-income individuals, using misleading email subject lines and hidden fees.
  • Despite filing for Chapter 11 bankruptcy earlier this year, PCH must comply with the June 2023 settlement that requires fundamental changes to its sweepstakes and sales practices.
  • The FTC has ordered PCH to separate sweepstakes entries from sales pitches, disclose full shipping costs upfront, and destroy consumer data collected before January 2019.
  • Recipients of refund checks must cash them within 90 days; consumers with questions can contact Rust Consulting at 888-516-0774 or email [email protected].

FTC Cracks Down on Deceptive Sweepstakes Tactics

The Federal Trade Commission is distributing over $18 million in refunds to consumers victimized by Publishers Clearing House’s misleading marketing strategies. The settlement, finalized in June 2023, addresses years of deceptive practices that the FTC claims particularly targeted elderly and lower-income Americans. PCH allegedly used sophisticated “dark patterns” – manipulative design elements – to trick consumers into believing that purchasing products would increase their chances of winning sweepstakes, a practice that violates consumer protection laws.

The FTC’s complaint detailed how PCH used misleading email subject lines resembling official documents to boost click-through rates and entice consumers into making purchases. The company also reportedly advertised purchases as “risk-free” while requiring customers to pay shipping expenses for returns. This pattern of deception created a false impression that buying merchandise was necessary to enter or improve chances in their famous sweepstakes drawings.

Refunds and Required Changes

As part of the settlement, PCH is sending refund checks to 281,724 consumers who purchased products through deceptive emails. Recipients are advised to cash these checks within 90 days of receipt. The FTC emphasizes that consumers never need to pay fees or provide account information to receive these government-mandated refunds, warning against potential scammers who might try to capitalize on the situation.

“While we disagreed with the FTC’s assertions at the time, we were glad to have resolved the matter and move forward, continuing to do what we do best—provide consumers fun entertainment and games powered by our famous chance to win,” said PCH Vice President for Consumer Affairs Chris Irving.

Beyond financial penalties, the court order mandates significant operational changes. PCH must now clearly separate sweepstakes entries from sales pitches, disclose full shipping costs upfront, and destroy consumer data collected before January 2019. The company must also preserve records of user-experience studies to prevent future implementation of deceptive “dark patterns” in their marketing.

Bankruptcy and Business Model Transition

Despite the substantial refund requirement, PCH filed for Chapter 11 bankruptcy protection earlier this year, highlighting the company’s financial struggles beyond regulatory issues. The iconic sweepstakes company, known for its “Prize Patrol” surprising winners with oversized checks, is attempting to transition from traditional direct mail and retail campaigns to a digital advertising business model as print media sales continue to decline nationwide.

The FTC complaint specifically accused PCH of “deceiving them into thinking either that consumers could not enter into sweepstakes without purchasing a product or that their chances of winning would be increased by purchasing products.”

Despite its financial restructuring, PCH maintains it will continue awarding sweepstakes prizes, including recent and ongoing cash awards. The company’s commitment to continuing its sweepstakes operations suggests an attempt to preserve its core brand identity while complying with stricter regulatory oversight. Consumers with questions about refunds can contact the settlement administrator, Rust Consulting, at 888-516-0774 or by emailing [email protected].

Consumer Protection Remains a Priority

This PCH settlement exemplifies the FTC’s ongoing commitment to protecting American consumers from deceptive business practices. In 2024 alone, FTC actions have resulted in over $338 million in consumer refunds nationwide, demonstrating President Trump’s administration’s continued focus on eliminating predatory marketing tactics that target vulnerable populations. The PCH case serves as a reminder that legitimate sweepstakes never require purchases to enter or improve chances of winning.

The FTC emphasized that PCH advertised certain purchases as “risk-free” but failed to disclose that customers would be responsible for return shipping costs to receive refunds.

Consumers who believe they may have been victims of similar deceptive practices are encouraged to learn more and report fraud through official channels at consumer.ftc.gov and ReportFraud.ftc.gov. The FTC continues to monitor the marketplace for violations that undermine fair competition and harm American consumers through deceptive or unfair business practices.