Clemons v. Western Photo Camera Hut

[394]

Opinion

FLEMING, J.

Appeal from the trial court’s refusal to grant preliminary injunctive relief in a consumer class action prior to certification and notification of the class. We afiirm.

This action was brought by James E. Clemons as part of an alleged class seeking to enjoin certain acts committed by defendants (hereinafter, collectively Camera Hut) to promote their film developing services. The declarations filed in support of the issuance of the injunction recite that on October 11, 1979, a representative of Camera Hut telephoned the Clemons residence and informed James’ mother, Eileen, that her “telephone number” had won a free camera and 120 free rolls of film. The caller also informed Eileen that to collect the prizes she would have to agree to have the film developed by Camera Hut. Eileen related the substance of the phone call to James, who advised her to telephone Camera Hut to “verify the prize.” Eileen called the store and the Camera Hut employee who answered confirmed that the Clemons had won a camera and film. The employee then told Eileen that the recipient of the prize would have to sign “some papers” regarding the agreement to develop the film at Camera Hut, “but that no money was involved.” When James Clemons arrived at Camera Hut to collect the prizes, he was informed that the camera and film “give away” was part of a widespread advertising campaign which Camera Hut was conducting to “promote their excellent film developing services,” and that “in return for its generous offer of a free camera and film,” the store was requiring that the recipients agree to have the film developed by Camera Hut. The Camera Hut salesmen additionally informed James that, “as a further concession and gift” Camera Hut would develop the 120 rolls of prize film for $640, half the usual cost. The salesman then handed Clemons two documents to sign to “guarantee [his] promise” to develop the film at Camera Hut. Clemons “quickly glanced over the two documents” and, “observing that one was a retail installment sales contract, [he] handed the documents back to the salesman and left the store.” Clemons subsequently contacted Camera Hut to inquire whether he could receive the prizes without signing the “installment sales contract,” and was informed that he would either have to sign the contract, which would be “secured by the camera” he selected, or pay the $640 in advance.