**Court Dismisses Consumer Case Against Publishers Clearing House

Publishers Clearing House said yesterday that the U.S. District Court in Ohio dismissed a case brought by an individual who alleged that a PCH mailing constituted a contract to award him a $10 million prize.

U.S. District Court Judge Dan Aaron Polster granted the company's motion to dismiss the case of Dan Thomas v. PCH.

A spokesman for PCH, Port Washington, NY, said Polster dismissed the case because there were many clear messages and directions throughout the mailing indicating that it was not a contract.

In his decision, Polster said, "Thomas apparently chose to ignore this language, the [word] 'DRAFT' superimposed over both pages of the letter, and the Official Rules in order to determine that the mailing constituted a contract. .... Rather than establishing a contract, the mailing only shows that there was not a contract between the parties."

Christopher L. Irving, PCH's senior director of consumer affairs, said, "We are glad that this action has been dismissed at its earliest stage. … This decision is one in a long line in which courts continue to find that Publishers Clearing House mailings are clear and easy to understand to anyone who takes the time to read them."

Irving said a judge has ruled in the company's favor in the past 10 cases in which a court has considered the merits of a PCH sweepstakes claim.

PCH will award its next major prize of $1 million in a live PCH announcement in a commercial during NBC Nightly News with Tom Brokaw on Aug. 24.

This material may not be published, broadcast, rewritten or redistributed in any form without prior authorization. Your use of this website constitutes acceptance of Haymarket Media's Privacy Policy and Terms & Conditions