2/15/11
Wisconsin Department of Agriculture, Trade and Consumer Protection
Bureau of Consumer Protection
PO Box 8911
Madison, WI 53708-8911

Please describe your complaint:
Last night, Valentine's Day, I took my wife to the Bellini Italian Restaurant in Madison, Wisconsin. We wanted to use our Entertainment coupon card. It was supposed to be a $21 value. Buy one meal up to $21 and get a free meal, up to $21. The discount advertisement page for this restaurant specifically stated in BOLD type "VALID ANY EVENING".

When we got there, there were special menus for Valentines day and they said that no special offers or coupons were allowed. I told the waiter that I had read the coupon page and that it said "any evening". He said that he would check on that. He did and said it appeared that I was correct and that they would honor that. When our meal was almost finished and I had my Entertainment card on the table, he said that they had found some "fine print" and that they would not honor the discount card. He said, in the back of the book there is a disclaimer that states that, #5 under rules of use: Valid dates and holidays. Read the offer carefully for valid dates and time. Major holidays, including those defined below........... are excluded, EVEN IF THE OFFER STATES "VALID ANYTIME."

And so, the restaurants can suck you in to their business with the appearance of the offer being "VALID ANYTIME", when, in fact, it is not valid anytime. And this is because the Entertainment company gives them cover to do this by putting a disclaimer in the fine print in the back of the book. While it is just stupid for a restaurant to mislead a potential customer, it is not right that the Entertainment company be allowed to facilitate this deception.

How do you feel this complaint should be resolved?:
First of all, I think that the Entertainment company should cease and desist from perpetrating this deceit in their coupon books.
Secondly, they should refund my full price for the Entertainment book of $39.99.
Thirdly, they should refund my $16, plus tax, which would have been my "free" meal.

Thanks,
XXXXXXXXXXXXXX

State of Wisconsin Governor Scott Walker
Department of Agriculture, Trade and Consumer Protection
Ben Brancel, Secretary
April 21, 2011

ENTERTAINMENT PUBLICATIONS LLC
1414 E MAPLE RD
MAPLE CORPORATE CENTER TROY Ml 48083
RE: File 535511 (Refer to this number when contacting our agency)

Dear Sir/Madam:

WARNING LETTER

I contacted you regarding a complaint filed by XXXXX XXXXXXXX concerning your business practices. I am issuing you this warning because the information you provided did not demonstrate that you are in compliance with the following law(s):

No person shall make an advertisement, announcement, statement or representation which is untrue, deceptive or misleading to induce a sale. Wis. Stat. §100.18(1)

Every coupon, whether sold or distributed individually or as part of a coupon book, shall clearly and conspicuously set forth, on its face, the name and business address of the coupon sponsor, and a specific description, as provided in the agreement between the promoter and the sponsor, of: Wis. Admin. Code §ATCP 131.03(1)

(d) All purchases required of the coupon holder as a condition of
redemption and any other restrictions and limitations imposed on the redemption of the coupons by the sponsor. Wis. Admin. Code § ATCP 131.03(1 )(d)

No promoter shall:
(b) Make any representation inconsistent with or contrary to the terms and conditions contained in any coupon or in the agreement between the promoter and sponsor.. Wis. Admin. Code § ATCP 131.07(3)(b)

(Comment: The coupon for Bellini Italian Restaurant clearly states that it is "valid any evening". However the coupon is not "valid any evening" because holidays are excluded even if the offer states "valid anytime."

Although, you may feel that you make it very clear that the published offers are subject to the rules of use and are not valid on defined holidays, the rules of use and defined holidays are not clearly and conspicuously disclosed to the consumer on the coupon. In fact, the rules of use and defined holidays are found at the back of the coupon book.

Your firm's fine print disclosure at the bottom of the coupon stating that the coupon is, "not valid with other discounts, promotions or on defined holidays" and the instructions referring the consumer to the back of the book for rules of use, do not clearly and conspicuously disclose the restrictions and limitations imposed on the redemption of the coupon. Additionally, the disclosures on the coupon are conflicting and appear to be misleading.

Action should be taken by your firm to ensure that any limitations and restrictions on the use of a coupon are conspicuously and clearly disclosed on the face of the coupon and are not misleading.)

Violations of s. 100.18(1), and s. ATCP 131.07(3)(b) and 131.03(1 )(d) can result in civil and/or criminal prosecution by the State of Wisconsin. Also, any person who suffers a monetary loss because of s. 100.18(1), and s. ATCP 131.07(3)(b), 131.03(1) and 131.03(1 )(d) violations may sue for double damages. Copies of Wisconsin rules and statutes are available on the Wisconsin State Legislature website: http://www.legis.state.wi.us/rsb/index.html.

While I am not pursuing legal action in this matter at the present time, you should consider this letter as an official WARNING to take immediate corrective action to fully comply with all Wisconsin Statutes pertinent to your operation. The issuance of a warning letter does not preclude the department from taking more formal enforcement action on this matter at a later date.

Your careful compliance with s. 100.18(1), and s. ATCP 131.07(3)(b), and 131.03(1 )(d) will make such enforcement action unnecessary. You may want to contact a private attorney to ensure that all your business contracts and/or forms are in compliance with Wisconsin laws. We cannot provide legal advice or act as your personal attorney.

Kara Neher
Consumer Specialist
BUREAU OF CONSUMER PROTECTION