Miller:
New York "Pet Adoption" Organization Will
Change Fundraising Solicitations and Pay
$50,000 to Iowa Animal Shelters
DES
MOINES-- Attorney General Tom Miller said today that a New York-based
animal welfare organization has agreed to change its mail solicitations
to conform to Iowa consumer protection laws -- and to pay a total of
$50,000 to four Iowa animal humane societies.
"We
argued that their sweepstakes mailings were misleading," Miller said.
"We were concerned that people may have been misled to believe that
they'd won a major prize, such as a car or expensive vacation, and that
they had to make a donation."
The
$50,000 payment has been made by North Shore Animal League, Inc., of
Port Washington, N.Y. The $50,000 will be divided between four Iowa
animal shelters: the Animal Rescue League of Iowa, Inc., the Dubuque
Humane Society, the Scott County Humane Society, and the Keokuk Humane
Society. The four shelters have worked with North Shore in promoting
animal adoptions.
Miller
said North Shore Animal League (NSAL) raises millions of dollars each
year. U.S. News & World Report called it "the self-proclaimed largest
pet adoption center anywhere" and said the New York-area shelter had
found homes for more than 30,000 stray animals in 1995. Last year U.S.
News reported that NSAL took in about $29 million and used about two-
thirds of that for program expenses and one-third for fund-raising.
"Our
problem was with NSAL solicitations," Miller said. "We argued that their
mailings violated Iowa's Prize Promotion Act by failing to disclose
the odds of winning and the value of prizes being offered." Under Iowa
law, a solicitation in connection with a prize must either indicate
prominently that "no payment is necessary" or indicate the odds of winning
and the value of prizes.
In
a letter to Miller's Office, J. John Stevenson, President of NSAL, said
"any sweepstakes mailing by NSAL into Iowa will be in conformity with
your office's stated interpretations of the Iowa Prize Promotion and
Consumer Fraud Acts."
Miller
said his office also questioned NSAL on the use of donor lists obtained
through their solicitations, indicating that NSAL had sold the lists
to organizations sued in the past by the Attorney General for consumer
fraud. NSAL agreed to disclose in future mailings to Iowa residents
that mailing lists may be made available to other direct mailers, and
that recipients could remove their names from lists by calling a toll-free
number and making the request.
Miller
said his office believed that a disproportionate number of older persons
appeared to reply to the sweepstakes solicitations and file complaints
with his office. The sweepstakes mailings used an Iowa address, leading
some recipients to believe the organization was headquartered in Iowa.