in the circuit court of the ninth judicial circuit, in...

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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

CIVIL ACTION

OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS,

Plaintiff, CASE NO: v.

MILLENNIUM TRAVEL AND PROMOTIONS, INC., a Florida corporation, d/b/a RESORT TRAVEL AND TOURS, LOVE 2 VACATION, EAST COAST FULFILLMENT CENTER, AMERICA'S INCENTIVE COMPANY, INCREASE SALES, and EXCEPTIONAL MARKETING GROUP; VACATION TOURS USA, INC., a Florida corporation, d/b/a The NATIONAL ASSOCIATION OF TRAVEL CENTERS and NATIONAL TOURISM DEVELOPMENT COUNCIL; TONY J. ARMAND, an individual; and HENRY J. ARMAND, an individual,

Defendants.

______________________________________________/

COMPLAINT

Office of the Attorney General, State of Florida, Department of Legal

Affairs (“Attorney General”), sues Defendants, Millennium Travel and

Promotions, Inc., a Florida corporation (“Millennium”), Vacation Tours USA, Inc.,

a Florida corporation (“Vacation Tours”), and individuals, Tony J. Armand and

Henry J. Armand, (hereinafter, all are collectively referred to as “Defendants”),

and alleges Defendants engaged in misleading travel promotion activities in

violation of the Florida Deceptive and Unfair Trade Practices Act, Chapter 501,

Filing # 35537046 E-Filed 12/15/2015 10:03:48 AM

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Part II, Florida Statutes (2015) ("FDUTPA"), and the Florida Sellers of Travel Act

("SOTA"), and states:

Jurisdiction and Venue

1. This Court has jurisdiction pursuant to the provisions of Section

26.012(2)(a), Florida Statutes (2015) and FDUTPA. The Attorney General seeks

relief in an amount greater than fifteen thousand dollars ($15,000.00), exclusive of

interest, costs, and attorneys' fees.

2. The statutory violations alleged herein affect more than one judicial

circuit of the State of Florida, including the Ninth Judicial Circuit in and for

Orange County.

3. Venue is proper in the Ninth Judicial Circuit, in and for Orange

County, where this cause of action accrued, pursuant to Sections 47.051 and

47.041, Florida Statutes (2015), inasmuch as Defendants solicited at least 593,189

consumers in Orange County, Florida between January 3, 2012 and the date of this

filing, and at least 11 of these Orange County residents are known to have

participated in the Defendants' travel promotion scheme during the same time

period.

4. All conditions precedent to this action have been performed or have

occurred.

OVERVIEW OF THE TRAVEL PROMOTION SCHEME

5. The Defendants in this case play a direct role in a large, multi-

party industry designed to use travel offers and promises of awards to entice

consumers to listen to sales presentations for travel club memberships. The

consumers who respond to these offers are often misled from the initial overture to

their final attempts to redeem the award or travel club benefits. The scheme is

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conducted through multiple persons/entities with distinct roles, including a (1)

Promoter, (2) Scheduler, (3) Distributor, (4) Travel Fulfillment Company, and (5)

Vacation Certificate Redemption Company (these terms are defined more fully

below). Defendants in this case assumed the roles of Promoter, Scheduler, and

Vacation Certificate Redemption Company, and the consumer complaints against

them numbered in the hundreds, including three consumer complaints from

residents of Orange County, Florida.

The Promoter

6. The Promoter, in this case Defendants Millennium and Vacation

Tours, typically makes the first contact with the consumer and offers the bait

designed to entice consumers to call the Scheduler and attend a travel sales

presentation offered by the Distributor. The Promoter can be hired and paid by any

of the other participants in the travel promotion scheme: the Distributor, the Travel

Fulfillment Company, and/or the Vacation Certificate Redemption Company. The

Promoter reaches millions of consumers across the country through mass direct

mail campaigns, telemarketing calls, emails, and/or strategically placed sales

kiosks at various vacation destinations.

7. A Promoter who contacts consumers through direct mail campaigns

may contract with a third party broker or mail house to print, assemble, and mail

postcards or letters (collectively referred to as "mailers"), or the Promoter may

print and distribute the mailers itself. The direct mail campaign usually involves

mass mailers promising consumers some sort of an award, such as a cruise, airfare

for two, or hotel accommodations (collectively referred to as "award"). These

mailers typically congratulate the recipients and urge them to move quickly to

avoid forfeiting their award. To redeem the promised award, consumers are

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directed to call the toll-free number on the mailers. Typically, these mailers fail to

disclose the identity of the travel scheme participants or their purpose.

8. Similar to the direct mail campaigns, a Promoter using telemarketing

campaigns or kiosks to reach consumers may contract with a third party broker, or

it may handle this portion of the scheme itself. The telemarketing calls and

promotional materials available at the kiosks promise awards similar to those in the

mailers in exchange for simply speaking with a representative or completing a

survey, but in reality, more extensive conditions apply. Regardless of the method

used to reach the consumer, the Promoter is successful if the consumer ultimately

contacts the Scheduler.

The Scheduler

9. When consumers call the toll-free number on the mailers, they are

connected to the Scheduler, in this case, Defendant Vacation Tours, who typically

operates a call center with employees trained to handle incoming calls using

scripted language (collectively referred to as "Scheduler"). The Scheduler's role is

to qualify consumers to attend a travel or timeshare presentation based on their

age, marital status, income level, employment status, and availability of credit. The

initial qualification process ensures only those consumers with a healthy

disposable income are eligible to attend the travel sales presentation. If the

consumer meets the predetermined criteria, the Scheduler then provides a date,

time, and location for the consumer to attend a travel sales presentation, usually

only a few days out from the initial call. Consumers must attend this presentation

to be eligible for the promised award. The Scheduler can be paid a commission by

the Promoter, Distributor, Travel Fulfillment Company, and/or the Vacation

Certificate Redemption Company, which is commensurate with consumer

attendance rates for the travel sales presentation.

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The Distributor

10. The Distributor's role in the travel promotion scheme involves

conducting high-pressure sales presentations, often called "tours," designed to

coerce consumers into purchasing expensive travel club or timeshare memberships.

The Distributor usually conducts these group presentations in hotels and then

assigns one salesperson per every one or two couples for added sales pressure after

the presentation. The travel club or timeshare memberships generally cost

thousands of dollars and require additional monthly fees, but the Distributor falsely

promises tremendous savings.

11. Due to costly travel club and timeshare membership fees, consumers

sometimes use third-party financing companies to assist with payment. Consumers

who purchase these memberships often complain the memberships are hard to use

and fail to offer any real savings or value. Distributors are often difficult to locate

and, in some circumstances, employ a revolving list of fictitious names and

addresses designed to evade consumers.

The Travel Fulfillment Company

12. If the Distributor successfully convinces the consumer to purchase a

travel club or timeshare membership, the consumer is directed to the Travel

Fulfillment Company, which handles management of the memberships and the

travel booking details, often collectively referred to as "fulfillment." Payment

transactions and membership agreements signed at the presentation are generally

between consumers and the Travel Fulfillment Company and/or the Distributor.

Occasionally, a third-party broker will act as an intermediary between the

Distributor and the Travel Fulfillment Company to facilitate a layer of separation

the parties desire. The perceived separation between the entities often successfully

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confuses consumers, and diffuses consumer complaints and liability among the

various company names and entities involved.

The Vacation Certificate Redemption Company

13. After the "tour" or sales presentation concludes, the Distributor

provides consumers with a vacation certificate laden with terms and conditions,

instead of the award promised by the Scheduler and the Promoter. The Distributor

generally purchases the vacation certificates from the Vacation Certificate

Redemption Company, in this case, Defendant Millennium, but the Distributor tells

consumers it is not affiliated with the award and that redemption of the award is

solely handled by the Vacation Certificate Redemption Company. Generally, this

is the first time consumers are notified of the existence of the Vacation Certificate

Redemption Company and that additional strings are attached to their award.

14. When consumers attempt to redeem their vacation certificate, they

typically face previously undisclosed deposits, fees, taxes, extensive date

restrictions, and tedious terms and conditions that are nearly impossible to satisfy.

This process is exhausting to consumers, and in some cases, despite consumers'

compliance with terms and conditions, selected dates and vacation certificates are

arbitrarily voided by the Vacation Certificate Redemption Company. The rate of

consumers who actually redeem any award whatsoever is generally a very small

percentage of the total number of the consumers who were promised the award,

sometimes even as low as a fraction of one percent. Out of sheer frustration, many

consumers cancel their vacation certificates and abandon their deposits after

multiple refund requests. This phenomenon, often described as "slippage,"

provides the Vacation Certificate Redemption Company with an additional source

of income - forfeited consumer deposits.

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15. In this case, Millennium and Vacation Tours are the Promoters,

Millennium is the Vacation Certificate Redemption Company, and Vacation Tours

is the Scheduler.

The Parties

Plaintiff

16. The Attorney General is the “Enforcing Authority” pursuant to

Section 501.203(2), Florida Statutes (2015), and is authorized to bring this action

and seek injunctive and other statutory and equitable relief pursuant to FDUTPA.

17. The Attorney General conducted an investigation of the matters

alleged herein and determined that this enforcement action serves the public

interest, as required by Section 501.207(2), Florida Statutes (2015).

Defendants

Millennium Travel and Promotions, Inc.

18. Millennium is an active for-profit Florida corporation with its

principal place of business located at 424 Luna Bella Lane, Suite 115, New

Smyrna Beach, Volusia County, Florida 32168. Millennium currently has the

following fictitious names registered with the Florida Department of State,

Division of Corporations: Resort Travel and Tours, Love 2 Vacation, East Coast

Fulfillment Center, America’s Incentive Company, Increase Sales, and Exceptional

Marketing Group.

19. Millennium engages in the business of marketing promotional

mailers, and promoting and selling vacation certificates, as well as vacation

certificate redemption.

20. Millennium holds Seller of Travel registration number ST32513 and

is registered with the Department of Agriculture and Consumer Services

("DOACS").

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Vacation Tours USA, Inc.

21. Vacation Tours is an active for-profit Florida corporation with its

principal place of business also located at 424 Luna Bella Lane, Suite 115, New

Smyrna Beach, Volusia County, Florida 32168. Vacation Tours currently has the

following fictitious names registered with the Florida Department of State,

Division of Corporations: The National Association of Travel Centers, and

National Tourism Development Council.

22. Vacation Tours engages in the business of marketing promotional

mailers and vacation certificates to consumers, as well as scheduling appointments

for consumers to attend travel sales presentations.

23. Vacation Tours represents Millennium as an Independent Agent

pursuant to the Florida Sellers of Travel Act.

24. Vacation Tours is identified by Travel Independent registration

number TI38117.

Tony J. Armand

25. Tony J. Armand is an individual residing in Volusia County, Florida

and is the President and owner of Millennium. He is also the Vice President,

Secretary, and Director of Vacation Tours. Tony J. Armand controls, participates

in, or possesses the authority to control the acts and practices of Millennium and

Vacation Tours.

Henry J. Armand

26. Henry J. Armand is an individual residing in Volusia County, Florida,

and is the Vice President of Millennium. He is also the President, Treasurer, and

Director of Vacation Tours. Henry J. Armand controls, participates in, or possesses

the authority to control the acts and practices of Millennium and Vacation Tours.

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FACTUAL ALLEGATIONS

Millennium and Vacation Tours are Promoters

27. On or before 2007, Defendants, acting as Promoters, sent consumers

enticing mass mailers which promised an award of travel. Typical and illustrative

examples of these mailers are attached as Exhibit 1.

28. Defendants failed to submit any of these mailers to DOACS as

required by Section 559.9295(2) of SOTA.

29. From December 2011 to March 2015, Defendants spent over 16

million dollars to print and send out mass mailers targeting tens of millions of

consumers throughout Florida and the United States.

30. These mailers bear postal "permit 78," and were designed and paid for

by Defendants.

31. Defendants’ mailers vary in appearance, content, urgency, origin,

promotional representations, and disclosures.

32. Some mailers congratulate or notify consumers for having been

selected to receive an award of travel, such as airline tickets, hotel

accommodations, or a cruise.

33. The following are common promises used in Defendants' mailers:

a. "CLAIM NOTICE . . . Complimentary Cruise For Two* . . . CALL 1-888-510-6570 TO SCHEDULE DELIVERY . . . SORRY WE MISSED YOU!!!"

b. "Congratulations! You have been selected to receive an 8 day/7 Night Cruise for two…"

c. "Just for calling, receive a complimentary Caribbean cruise for two!*"

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d. "I am pleased to inform you that you have qualified for an award of 2 roundtrip [sic] airline tickets. Congratulations."

e. "The retail value of this award is up to $1,398.00"

f. "You have been awarded the following open dated travel vouchers under Section 234 of the Domestic Travel Enhancement Plan enacted January 12, 2013."

g. "100% Satisfaction Guarantee"

h. “I am pleased to inform you that you have qualified for an award of two (2) round-trip airline tickets.”

See Exhibit 1 for typical and illustrative examples of the Defendants' deceptive

mailers, a sample of which is embedded below.

This mailer is not to scale. Please see Exhibit 1 for a copy of this mailer which is

true to scale.

34. The language in the Defendants' mailers falsely suggests that the

consumer has been specially selected or specifically qualified to win an award,

when in reality, the consumer's name and address was provided to the Defendants

from a searchable database used for mass mailings. In fact, the consumer cannot be

prequalified for the award as the mailer states because qualification does not occur

until the scheduling call, which only occurs after the consumer receives the mailer.

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35. The respective disclosures related to the asterisks referenced in

paragraphs 33 and 36 are in very small font, not clear and conspicuous, and are

often at the very bottom or on the back of the mailers in Exhibit 1. The disclosures

on the mailers do not include all material terms and conditions of the

accompanying vacation certificate.

36. The Defendants' mailers further communicate urgency by using the

following statements:

a. "CALL WITHIN 48 HRS FOR THIS BONUS OFFER!!! 2 round trip airfares…" b. "We have attempted to contact you several times without success. This is our last attempt. If we do not hear from you soon, we may need to issue the ticket vouchers to the alternate." c. "Because previous attempts to reach you have been unsuccessful, this correspondence will serve as your final notification." d. "In order to claim this award you must call us at 1-866-747-9480 within 10 days or the award will be redistributed to an alternate." e. “IMPORTANT DOCUMENTS ENCLOSED…TIME SENSITIVE MATERIAL ENCLOSED.”

37. These statements in Defendants' mailers falsely represent that limited

awards are being awarded and that a consumer will forfeit such award, which will

be redistributed to another if the consumer fails to act, when in fact, the same offer

is being made to thousands of other consumers.

38. Defendants' mailers do not reveal the identity of the senders, which

are Millennium and Vacation Tours.

39. Instead, some of the mailers sent by Defendants appear as though they

are being sent from a credible source, such as well-known reputable companies,

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and other mailers sent by Defendants appear to be sent from a governmental

agency offering a legal entitlement.


true to scale.

40. For example, Defendants use names and trademarks of widely

recognizable companies, such as Delta Air Lines, Publix Super Markets, and

Carnival Cruise Lines.


true to scale.

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41. Defendants also send mailers displaying post office boxes on

Pennsylvania Avenue in Washington D.C., fictitious employee names and/or job

titles, and misleading fictitious company names in an attempt to mask their true

identity. See Exhibit 1.

42. Defendants' tactics induce consumers to call the telephone numbers on

the mailers to redeem their travel award.

Vacation Tours is a Scheduler

43. The telephone numbers listed on Defendants' mailers lead consumers

to Vacation Tours' Schedulers. Vacation Tours is wholly owned by Defendant

Henry J. Armand, Millennium's Vice President, and Tony J. Armand, Millennium's

President.

44. Additionally, Defendants Vacation Tours and Millennium share the

same office space at Luna Bella Lane.

45. Initially, Defendants' Schedulers ask consumers a series of qualifying

questions, including age, marital status, income, and employment, to determine

whether consumers qualify as potential travel club membership purchasers.

46. Non-qualifying consumers are told they are not eligible to receive the

award promised by the mailers.

47. Then, Defendants' Schedulers promise consumers their award,

sometimes even describing it as "complimentary," in exchange for their attendance

at a travel sales presentation offered by the Distributor, which is typically sold as a

90- minute sales presentation.

48. The Schedulers fail to disclose the numerous vacation certificate

terms and conditions or the requirement of an up-front deposit.

49. Using sales scripts, Schedulers tell consumers they partner with well-

known cruise lines and receive cheaper cruise packages, because they are bought in

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bulk, and that offering these travel awards is the company's form of advertising.

50. The main goal of Defendants' Schedulers is to schedule as many

consumers as possible to attend the travel sales presentations.

51. Defendants' Schedulers have monetary incentive to employ high-

pressure sales techniques because they receive commission dependent on whether

their callers actually attend the scheduled travel sales presentations.

Defendants Provide Customers for Various Distributors

52. Beginning with the mailers Defendants send consumers, and

continuing with the scheduling calls handled by Vacation Tours, Defendants

provide various Distributors across the country with their travel sales presentation

customers.

53. In exchange for attending such presentations, consumers expect to

receive the vacation package promised in Defendants' mailers and scheduling calls.

54. These presentations sometimes require consumers to travel, far from

their homes, at their own expense.

55. During the presentations or "tours," Distributors promise deeply

discounted travel to induce consumers to pay thousands of dollars in fees to join

their travel clubs.

56. Distributors purchase vacation certificates from Millennium and

present these certificates to consumers at the conclusion of their travel sales

presentation, which often exceeds ninety (90) minutes.

57. The certificate’s extensive terms and conditions are not disclosed

before or during the presentation.

58. At the conclusion of the presentation, consumers are provided with a

vacation certificate, not tickets for travel.

59. Defendants receive commission from various Distributors for having

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convinced consumers to attend their travel sales presentations.

60. The Defendants' commission or compensation is dependent on the

number of couples who attend the travel sales presentations.

Millennium is a Vacation Certificate Redemption Company

61. At the conclusion of the travel sales presentation, Distributors direct

consumers to contact Millennium to redeem their travel award because Millennium

is the Vacation Certificate Redemption Company. A typical and illustrative

example of this vacation certificate is attached as Exhibit 2.

62. The extensive limitations and terms and conditions are not disclosed

in Defendants' mailers or during the Defendants' scheduling calls.

63. The first step in the redemption process requires consumers to send,

by money order, a refundable deposit of $50.00, $75.00, or $100.00 per person,

depending on the vacation certificate.

64. Even if consumers navigate through the numerous terms and

conditions of the certificates, Millennium advises consumers of additional travel

restrictions and routinely rejects consumers' requested travel dates and

destinations.

65. Additionally, the certificate requires redemption within one (1) year of

its receipt.

66. If consumers do not strictly abide by all of the terms and conditions in

the vacation certificate, Millennium voids the vacation certificate.

67. Millennium's vacation certificate contains onerous travel restrictions

and blackout dates, leaving limited days available for consumers' travel requests.

68. In the unlikely event that consumers fulfill all the obligations of the

vacation certificate and receive a tentative travel date, Millennium charges

consumers for their travel award.

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69. These charges were not clearly and conspicuously disclosed in the

Defendants' mailers or during the Defendants' scheduling call.

70. Often, Millennium’s quoted price for travel, which purportedly

includes taxes, port fees, and service fees, greatly exceeds the actual fees charged

by the respective cruise line or airline.

71. In fact, Millennium's charges are sometimes higher than if consumers

booked their own full travel package through an internet site, like Expedia or

Priceline, or directly with the same company providing the travel.

72. When consumers unexpectedly receive Millennium's bill for travel,

they often elect to cancel their vacation certificate and request return of their

refundable deposit.

73. Consumers complain that Millennium fails to timely refund their

deposits, often taking in excess of 30 days to make refunds.

74. Between January 1, 2013 and November of 2014, according to the

Defendants' own figures, 39.84 percent of Defendants' customers canceled their

vacation certificates and sought a refund. A redacted copy of Millennium's Florida

customer list, produced on December 22, 2014 in response to Plaintiff's

investigative subpoena, is attached as Exhibit 3.

75. According to Exhibit 3, 24.50 percent of Florida consumer vacation

certificates were voided by Millennium, 8.88 percent of the vacation certificates

expired before being successfully redeemed, and 26.24 percent of consumer

vacation certificates were held in a pending status with Millennium.

76. Out of 743 vacation certificates Florida consumers attempted to

redeem with Millennium between January 1, 2013 and November of 2014, only

four, or a fraction of one percent, of these vacation certificates were successfully

redeemed for travel pursuant to Millennium's promotion. See Exhibit 3.

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COUNT I

VIOLATION OF FDUTPA, CHAPTER 501, PART II, FLORIDA STATUTES

77. The Attorney General incorporates and re-alleges paragraphs 1

through 76 above as if fully set forth hereinafter.

78. Section 501.204(1) of FDUTPA provides that “unfair methods of

competition, unconscionable acts or practices, and unfair or deceptive acts or

practices in the conduct of any trade or commerce are hereby declared unlawful.”

79. Provisions of FDUTPA are to be "construed liberally" . . . "[t]o

protect the consuming public and legitimate business enterprises from those who

engage in unfair methods of competition, or unconscionable, deceptive, or unfair

acts or practices in the conduct of any trade or commerce.” § 501.202(2), Florida

Statutes (2015).

80. At all material times, Defendants were and continue to be engaged in

trade or commerce as defined in Section 501.203(8) of FDUTPA.

81. Defendants' deceptive conduct includes the following:

a. Sending consumers promotional mailers with language falsely suggesting recipients won a prize, award, or gift of value; b. Failing to clearly and conspicuously disclose terms and conditions or other material facts related to the award of travel; c. Failing to disclose the true origin or authorship of the promotional mailers; d. Using names, trademarks or logos of unaffiliated companies to falsely suggest or imply an affiliation with such reputable, recognizable businesses; e. Misleading consumers to believe that Defendants purchased cruise

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packages in bulk in order to provide travel awards to consumers; f. Displaying language on the promotional mailers falsely suggesting prior attempts to reach the consumer have failed; g. Falsely representing that consumers need only attend a 90-minute travel club presentation in order to receive their travel award; h. Misleading consumers regarding the total costs to redeem Defendants’ vacation certificate or implying only a nominal charge of port fees and taxes are required; i. Misleading consumers regarding the availability of requested travel dates and locations; and, j. Misleading consumers regarding the status of refunds.

82. As a result of Defendants' conduct described in paragraph 1 through

76 and 81 above, between January 1, 2013 and November of 2014, only four

Florida consumers or a fraction of one percent successfully complied with all terms

and conditions and elected to pay Millennium's required fees in order to travel

pursuant to Millennium's vacation certificates.

83. The representations and omissions of material facts as set forth in

paragraph 81 are likely to mislead consumers acting reasonably under the

circumstances.

84. Defendants’ acts and practices have injured and likely will continue to

substantially injure and prejudice the public.

85. Defendants knew or should have known their travel promotion

activities are unfair, deceptive, or prohibited by rule.

86. Defendants have violated, and are likely to continue to violate

FDUTPA by engaging in the deceptive acts set forth above. As a result, consumers

have suffered and will continue to suffer substantial injury.

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COUNT II VIOLATION OF THE FLORIDA DECEPTIVE AND UNFAIR

TRADE PRACTICES ACT THROUGH VIOLATIONS OF CHAPTER 559, SECTION 9335 OF THE FLORIDA SELLERS OF TRAVEL ACT


through 76, and 81 above as if fully set forth hereinafter.

88. Pursuant to Section 559.927(11) of SOTA, Millennium is a Seller of

Travel, because it "offers for sale, directly or indirectly, at wholesale or retail,

prearranged travel . . . including, but not limited to, vacation or tour packages, or

vacation certificates in exchange for a fee, commission, or other valuable

consideration." Millennium holds a Seller of Travel registration number ST32513,

with the Department of Agriculture and Consumer Services pursuant to Chapter

559, Section 928, Florida Statutes (2015), and is, therefore, subject to all

provisions of SOTA.

89. Pursuant to Section 559.927(5) of SOTA, Vacation Tours is a Travel

Independent Agent, because it "represents a seller of travel by soliciting persons on

its behalf, . . . [and] has a written contract with a seller of travel . . . ." Both Sellers

of Travel and Travel Independent Agents are subject to the provisions of SOTA.

Vacation Tours is a Travel Independent Agent and is identifiable to DOACS by its

Travel Independent Agent registration number TI38117, with the Department of

Agriculture and Consumer Services pursuant to Chapter 559, Section 928(3) of the

Florida Statutes (2014).

90. Pursuant to Section 559.934 of SOTA, "[a]cts, conduct, practices,

omissions, failings, misrepresentations, or nondisclosures which constitute a

violation of this part also constitute a deceptive and unfair trade practice."

Therefore, any person who violates SOTA as described above is subject to all

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penalties and remedies available under FDUTPA.

91. Section 559.9335 of SOTA specifically enumerates prohibited

conduct in connection with vacation certificates.

92. Defendants violated Section 559.9335 of SOTA, by each of the

following actions:

a. Misrepresenting or deceptively representing "the recipient of an advertisement or promotional materials is a winner, or has been selected, or is otherwise being involved in a select group for receipt, of a gift, award, or prize, unless this fact is the truth." § 559.9335(10)(g), Fla. Stat. (2015); b. Failing to include the words "[t]his is an offer to sell travel" in all advertisements and promotional materials. § 559.9335(12), Fla. Stat. (2015); c. "[U]s[ing] any registered trademark, trade name, or trade logo in any promotional, advertising, or solicitation materials without written authorization from the holder of such trademark, trade name, or trade logo."§ 559.9335(17), Fla. Stat. (2015); d. "[R]epresenting, directly or by implication, any affiliation with, or endorsement by, any governmental, charitable . . . or civic organization or body, or any individual, in the promotion, advertisement, solicitation, or sale of vacation certificates without express written authorization." § 559.9335(18), Fla. Stat. (2015); e. "[D]o[ing] any other act which constitutes fraud, misrepresentation, or failure to disclose a material fact." § 559.9335(24), Fla. Stat. (2015); and f. "Knowingly to make a material false statement in response to any request or investigation by the department, the Department of Legal Affairs, or the state attorney." § 559.9335(26), Fla. Stat. (2015).

93. In promotional mailers sent to consumers, Defendants misrepresented

that consumers were winners or selected to receive travel awards, gifts, and/or

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prizes when such representations were untrue.

94. In promotional mailers sent to consumers, Defendants failed to

include the words "[t]his is an offer to sell travel."

95. Defendants sent promotional mailers sent to consumers using

impermissible corporate trademarked material.

96. Defendants sent promotional mailers to consumers using fictitious

business names suggesting an affiliation with or endorsement by governmental

and/or civic agencies, despite having no such affiliation.

97. Defendants' actions set forth in paragraph 81 constitute deception,

misrepresentation, or omission of material facts.

98. In their 2014 and 2015 Seller of Travel registration applications to

DOACS, Defendants falsely indicated the following statutory vacation certificate

submission requirements were "N/A" or not applicable to them despite using such

documents in their travel-related business practices: Sections 559.9295(2),

559.9295(4), 559.9295(6), and 559.9295(7), Florida Statutes (2015).

99. Additionally, in Defendants' 2013 application to DOACS, Defendants

falsely indicated the following statutory vacation certificate submission

requirements were "N/A" or not applicable to them despite using such documents

in their travel-related business practices: Sections 559.9295(4), 559.9295(6), and

559.9295(7), Florida Statutes (2015).

100. Defendants' acts and practices are likely to mislead consumers acting

reasonably under the circumstances.




activities are unfair, deceptive, or prohibited by rule.

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103. Defendants have violated, and are likely to continue to violate SOTA

and consequently, FDUTPA, by engaging in the conduct set forth above. As a

result, consumers have suffered and will continue to suffer substantial injury.

COUNT III

VIOLATION OF THE FLORIDA DECEPTIVE AND UNFAIR TRADE PRACTICES ACT THROUGH VIOLATIONS OF CHAPTER 559, SECTION 9295 OF THE FLORIDA SELLERS OF TRAVEL ACT


through 76 and 81 above as if fully set forth hereinafter.

105. Pursuant to Section 559.9295 of SOTA, Florida Sellers of Travel who

offer vacation certificates are required to submit enumerated documents with their

application for registration that is filed with DOACS.

106. If any document required to be filed with DOACS as part of a

registration application is changed or altered in any way, the modified document

must also be filed with DOACS, so that DOACS has the current version of all

documents the Seller of Travel is using at any given time. § 559.9295, Fla. Stat.

(2015).

107. Pursuant to Section 559.934 of SOTA, "[a]cts, conduct, practices,

omissions, failings, misrepresentations, or nondisclosures which constitute a

violation of this part also constitute a deceptive and unfair trade practice."

Therefore, any person who violates SOTA as described above is subject to all

penalties and remedies available under FDUTPA.

108. Defendants violated Chapter 559, Section 9295 of SOTA, by each of

the following actions:

a. Failing to submit and disclose "[a] copy of each promotional brochure, pamphlet, form letter, registration form, or any other written material disseminated in connection with the advertising, promotion,

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or sale of any vacation certificate." § 559.9295(2), Fla. Stat. (2015); b. Failing to submit and disclose "[a] transcript of any standard verbal sales presentation utilized in connection with the advertising, promotion, or sale of vacation certificates." § 559.9295(4), Fla. Stat. (2015); c. Failing to submit and disclose "[a] copy of a written authorization for the use of any registered trademark, trade name, or trade logo utilized in promotional brochures, pamphlets, form letters, registration forms, or other written materials disseminated in connection with the advertising, promotion, or sale of vacation certificates from the holder of each trademark, trade name, or trade logo so used." and § 559.9295(6), Fla. Stat. (2015); and d. Failing to submit and disclose "[a] complete copy of the original of each testimonial letter from previous vacation certificate purchasers utilized in advertisements disseminated in connection with advertising, promotion, or sale of vacation certificates." § 559.9295(7), Fla. Stat. (2015).

109. Defendants failed to provide DOACS with documents related to each

of the requisite categories set forth in paragraph 108 (a)-(d), and affirmatively

indicated they were not applicable to them or "N/A," despite using such documents

in their travel-related business practices.

110. These omissions of material facts are likely to mislead consumers

acting reasonably under the circumstances.




activities are unfair, deceptive or prohibited by rule.

113. Defendants have violated, and are likely to continue to violate SOTA

and consequently, FDUTPA, by engaging in the conduct set forth above. As a

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result, consumers have suffered and will continue to suffer substantial injury.

114. Plaintiff requests a trial by jury for all counts herein.

PRAYER FOR RELIEF

WHEREFORE, the Attorney General respectfully requests that this Court:

A. Grant the Attorney General temporary and permanent injunctive relief

as may be necessary to avert the likelihood of continuing and future consumer

harm.

B. Temporarily and permanently enjoin Defendants and their officers,

agents, servants, employees, attorneys and those persons in active concert or

participation with them, who receive actual notice of this Court’s orders:

(i) from engaging in any unconscionable, deceptive or unfair acts or

practices in the conduct of any trade or commerce in violation of Chapter

501, Part II, Florida Statutes (2015); and,

(ii) from engaging in any violation of SOTA, Chapter 559, Part XI,

Florida Statutes (2015).

C. Assess civil penalties against Defendants pursuant to Section

501.2075 of FDUTPA, in an amount not to exceed $10,000 per violation or

$15,000 for violations involving senior citizen consumers above the age of 60 or

military servicemembers;

D. Require disgorgement of profits, and award restitution and refunds to

consumers for each violation;

E. Award the Attorney General reasonable attorneys’ fees and costs

pursuant to the provisions of Section 2105 of FDUTPA, and as otherwise

allowable by applicable statutes or law;

EXHIBIT 1 COMPREHENSIVE GROUP OF MAILERS Page 1 of 12

Filing # 35537046 E-Filed 12/15/2015 10:03:48 AM

EXHIBIT 2 2014 MILLENNIUM VACATION CERTIFICATE Page 1 of 1

Filing # 35537046 E-Filed 12/15/2015 10:03:48 AM

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in the circuit court of the ninth judicial circuit, in...

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