Marvin and Lily decide to enjoy an afternoon at a local theme park. The two friends board the park’s biggest roller coaster at noon. Approximately thirty seconds into the ride, the coaster stalls at the top of the highest loop.
After approximately five minutes, a theme park manager announces that the coaster is experiencing a malfunction and tells all riders to remain seated while a rescue team arrives. Both riders are trapped at the top of the roller coaster for over six hours until the rescue team is able to manually remove them from their seats and lower them to safety at 6:00 pm.
Meanwhile, Marjorie, an attorney who was enjoying the day at the amusement park with her family when the ride malfunctioned, watches for six hours as the rescue team works to save the coaster riders. As Marvin and Lily reach the safety of the ground, they are swarmed by reporters seeking to gain an exclusive interview.
Marjorie hands Marvin her business card and says, “I’ve sued this theme park before, and I won—big money.” Unable to reach Lily’s hand in the growing crowd, Marjorie shouts to Lily, “You don’t know me but I know who you are. I looked you up while you were trapped up there. Ask your friend for a copy of my card. I can help you recover for damages, Lily.”
Upon hearing Marjorie’s statement to Lily, a reporter asks Marjorie to provide an eyewitness account on the evening news. Marjorie agrees, and during the news interviews she states, “I am prepared to help any victim of this terrible tragedy and I guarantee I will win.”
Determine whether Marjorie’s communication with Marvin is solicitation, advertising, or neither, whether Marjorie’s communication with Lily is solicitation, advertising, or neither, and whether Marjorie’s communication with the news reporter on the evening news is solicitation, advertising, or neither. Explain why and what could have been done differently to avoid any advertising and solicitation rules, if there are any issues.
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