Business ProfileforMVP

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

On March 29, 2022, in the District Court,  County of Broomfield Colorado, the State of Colorado and Mountain View Publishers entered into a Consent Judgement.
 
According to the case, Mountain View Publishers sent millions of mailers nationwide, most of which appeared to announce the recipient won a significant prize or a large sum of money. The mailers used misleading and deceptive language to persuade consumers that they could claim this money if they signed the mailer and returned a small fee or, in some cases, shipping and handling. However, in fine print, hidden at the bottom and back of the mailer, the mailers stated the consumer was instead subscribing to a quarterly Jackpot Journal magazine. And then, once Mountain View had a consumer’s bank account or credit card information, the company signed the consumer up for an automatically renewing subscription of about $33 every three months.
 
A Department of Law Consumer Protection Division investigation found the average age of Colorado subscribers was almost 80 years old.
 
A review of Mountain View’s business records showed that the company obtained over 50,000 subscribers nationwide since 2016, with over $2 million in revenue and an average of approximately $40 in charges per customer.
 
In one instance, a 69-year-old consumer from North Carolina stated he received a letter from Mountain View Publishers informing him that he had won over $300,000 but needed to send $2.35 to claim his prize. He sent in that sum and expected to receive his winnings. When he did not receive the money, he sent MVP $2.35 several more times in the hopes of redeeming his prize. The consumer stated that he did not realize the company was charging him for the Jackpot Journal and generally threw it away.
 
In the settlement, Mountain View Publishers is enjoined from:
 
1) Failing to clearly disclose that the advertisement, promotion, or offer for sale of any product or service is being distributed for the purpose of soliciting a purchase, along with a description of the goods or services being sold and the total price thereof; and
2) Failing to clearly disclose the approximate retail value of any awarded item which a consumer can receive by purchase or by payment of shipping and handling in close proximity to the first description of the awarded item. The retail value shall be disclosed in clear and conspicuous type size and boldness. If the advertisement, promotion, or offer for sale includes statements about multiple prizes, one or more of which the consumer has not won, the advertisement, promotion, or offer for sale shall make clear that the items are available to enter to win, but that the consumer has not yet won such item(s); and
3) Representing that any publication marketed through its solicitations is anything other than a “magazine,” “journal” “guide” or “publication,” or words to similar effect that accurately describe the publication. Mountain View Publishers shall not imply that by purchasing the publication, the recipient has won a particular sweepstakes promoted in the publication. For example, Mountain View Publishers will not describe its publication as an “awards portfolio” or “awards assessment”; and
4) Describing the publication marketed through its solicitations as “limited,” “exclusive,” “personal,” or words to that effect when such is not the case; or that the recipient has been “verified,” or “confirmed” for a prize that they had not won at the time of the representation; and 
5) Stating or implying that the consumer’s purchase of the publication requires “matching,” “authorization,” “clearance,” or words to that effect by Mountain View Publishers; and
6) Falsely stating or implying that Mountain View Publishers’ subscription solicitations are time sensitive, for example, by using phrases such as “deadlines in effect” regarding any prize, good, or monetary amount the customer cannot presently claim, including the opportunity to become informed about such prize, goods, or monetary amounts; and
7) Stating or implying that an opportunity is time-sensitive if a consumer could claim an item (for example, by paying shipping or handling) at any time beyond the advertised window or at any time; and
8) Describing a consumer’s choice to not accept Mountain View Publishers’ Subscription Offer as a failure, loss of a prize, or through language which implies the solicited consumer will face a negative consequence by choosing to not accept the Subscription Offer. Notwithstanding the foregoing, Mountain View Publishers may inform customers that their decision not to subscribe will result in the consumer not receiving the publication and its information, including information about sweepstakes; and
9) Using sweepstakes or award-related language, such as “recipient,” “entry,” or “claiming,” to describe the act of responding to the subscription solicitation, the payment for the publication, the delivery of the publication, or the receipt of an item available upon payment, including payment of shipping and handling; and
10) If such is not the case, suggesting or implying that the consumer has already been entered into, or has won a sweepstakes or raffle, for example, by stating that the consumer, the consumer’s address, or the solicitation itself, has been “verified,” “confirmed,” “authorized,” “approved,” or similar terms, or suggesting or implying that amounts are reserved, set aside, or will be disbursed to the consumer, or words to similar effect to describe the solicitation of the consumer for the subscription, the act of responding to the subscription solicitation, the payment for the publication, or the delivery of the publication. Regarding language designed to obtain the solicited consumer’s consent to purchase a subscription from Mountain View Publishers, with automatic renewal terms,
11) Failing to present the Subscription Offer and Automatic Renewal Terms in a clear and conspicuous manner, and in close proximity to the mechanism for obtaining consumers’ consent to recurring payments. This mechanism includes
a. a box for the solicited consumer to check, indicating that they consent to recurring payments and the automatic debiting of their account; or
b. a signature line for the solicited consumer to sign that acknowledges consent to recurring payments and the automatic debiting of their account.
12) Failing to provide a confirmation by U.S. Mail or email to the subscribing consumer, prior to any first debiting of the consumer’s account for the full-price subscription, that clearly and conspicuously:
a. indicates receipt by Mountain View Publishers of the solicited consumer’s acceptance of the Subscription Offer; and
b. states the name of the publication that is the subject of the Subscription Offer; and c. advises the solicited consumer of the Automatic Renewal Terms; and d. advises the consumer of Mountain View Publishers’ cancellation policy, and information regarding how to cancel by means of a toll-free telephone number, electronic mail address, or mail.
13) Failing to send an annual notice by mail, to any consumer who has accepted the Subscription Offer which clearly provides the same information described in the above Provision 12.
14) Failing to provide a simple method for cancellation, including a toll-free telephone number, or a one-click option on an easily accessible website.
15) Failing to provide advance notice of any material changes to the Subscription Offer agreement, including changes in price, through a letter sent to the consumer by U.S. Mail or email. The letter must clearly describe the material change and offer the consumer the opportunity to cancel the subscription at no additional cost.
16) Nothing in this Consent Judgment shall be deemed to release Mountain View Publishers from complying with any auto-renewal contract requirements set forth in any state or federal law.

17) If the Attorney General determines that MOUNTAIN VIEW PUBLISHERS has failed to comply with any provision of this Consent Judgment, and if in the Attorney General’s sole discretion, the failure to comply does not threaten the health, safety, or welfare of the citizens of Colorado, the Attorney General will notify MOUNTAIN VIEW PUBLISHERS in writing and specify the issue of noncompliance. MOUNTAIN VIEW PUBLISHERS shall then have fifteen (15) business days after receipt of the written notice to provide a written response to the Attorney General, which may include (a) a statement why MOUNTAIN VIEW PUBLISHERS believes it is in compliance with the Consent Judgment; or (b) a statement explaining how the alleged breach occurred, and how and when it will be addressed or corrected, as necessary. 

 
Mountain View Publishers denies any fault or liability of any kind,  denies all the allegations in the litigation, and denies it has caused any harm of any nature.
 
The company agreed to pay $250,000, which will be used for the reimbursement of the state’s actual costs and attorneys’ fees, the payment of restitution, if any, and for future consumer fraud or antitrust enforcement, consumer education, or public welfare purposes.
 
For more information, contact Stop Fraud Colorado at 800-222-4444 or www.StopFraudColorado.gov.