Dear JG,
Thank you for your informative letter. I sympathize with you, as I, too, had to deal with these unethical companies. (I posted my experiences earlier on this forum.)
As far as I can tell, the companies you dealt with are different from the companies I dealt with, though the tactics and products are very similar.
In my case:
Company with main product: "Global Services" a.k.a. "Global Connections" in Overland Park, KS
Main product: $4275 to join + $395 per year for resort discounts
Marketing company: ? (they hide this, probably to avoid liability)
Marketing company phone: 800-413-5613
Promotion: two roundtrip airfares to anywhere in US + 2 nights at a hotel
Promotion fulfillment company: "World Wide Travel" in Blue Springs, MO
In your case:
Company with main product: "Vacation Travel Club" in Benton Harbor, MI
Main product: $8000 to join, for ? benefit
Marketing company: ?
Marketing company phone: 800-582-6054
Promotion: two roundtrip airfares to anywhere in US + 1 week rental car
Promotion fulfillment company: "Utopian Travel" in Beaverton, OR
Since the postcards that you and I received are extremely similar:
- "In celebration of our anniversary"
- "we've been going crazy trying to contact you!"
- Fraudulent use of airline logo (Delta for me, NWA for you)
- "two roundtrip airfares to anywhere in US"
I suspect that the marketing companies are one and the same.
Tracing the ownership of the 1-800 phone numbers might confirm that.
In each of our cases, the marketing company is either very close to, or the same as, the promotion fulfillment company. They must be tightly tied together because the details of the promotion are (at least supposed to be) stated on the postcard and by the marketing person whom you talk to when you call the 1-800 number. The marketing company cannot claim not to know the details of the promotion.
In your case, the promotion company, Utopian, appears to be the one who hosted the presentation for Vacation Travel Club! I say this because the reply you got from Utopian states "I paid somewhere close to $400 to have you sit through our presentation".
So, putting it all together for your case, it looks like this:
"Vacation Travel Club" is the main company.
They contracted with "Utopian Travel" to host a presentation to try to get you to buy "Vacation Travel Club"'s product.
Utopian Travel supposedly (according to "Janet Wilson") contracted with some unnamed marketing company, who contracted with "CERTS, Inc." to induce you to attend a presentation.
CERTS was responsible for receiving your promotion paperwork and giving you the airfare.
Utopian claims to be independent of the unnamed marketing company, and therefore not responsible for its admittedly unethical behavior.
I believe that that is a lie. I believe that Utopian _is_ the marketing company, or that they are complicit in the marketing company's scheme.
I think that you will not get anywhere by arguing with Utopian or CERTS. Writing them letters was a good start, but when they refuse to take action, just go over their heads. Keep working through the BBBs and the Attorneys General. If you do not get satisfaction through those channels, you'll have to file in Small Claims court (which is easier than you may think).
I believe you have a valid claim against Utopian if they didn't tell you all the material terms and conditions of the CERTS travel certificate PRIOR to you agreeing to attend the presentation. Under contract law, they cannot modify the terms of the original oral agreement (made over the phone) without giving you, and you accepting, some new benefit. (An oral contract is still legally binding. Besides, they almost certainly have a recording of the call.) Utopian still owes you roundtrip airfare for two to anywhere in the US. Just because CERTS tried to screw you doesn't reduce Utopian's obligation. But don't argue with Utopian over this. They've already indicated an unwillingness to cooperate. Just file a small claims case against them if you don't get anywhere with the Attorney General or the BBB.
I believe that you also have a valid claim against CERTS, though it is more tenuous: CERTS violated their contractual "duty of good faith and fair dealing" when they voided your application (without giving you a chance to remedy what they perceived to be your error) and then refused to provide the roundtrip airfare for two. I have a feeling that a judge would view their behavior as ridiculous and rule in your favor.
You can go down to your local courthouse and ask how to file a small claims case. The fee to file is usually under $50, and you can collect it when you win. Companies like these often won't bother to defend themselves, since their behavior is so despicable. In that case, you win by default when they don't show up.
You might also ask around for a lawyer who would take this case on a contingency basis. In my state (Virginia), the consumer protection laws that these companies violated specifically say that plaintiffs can recover attorneys fees when suing people who violate these laws. So, you may not have to pay an attorney at all to take your case.
Check out this article:
http://ago.missouri.gov/newsreleases/2004/082404.htmwhich describes how a travel club, Vacations Services of America, a former partner of Vacation Travel Club of Benton Harbor, was found to be violating the law and was pursued by the Missouri Attorney General.
Please keep me posted about your progress.
You can write to me directly at r_q_einstein-700notes@yahoo.com , but replace the digit seven with the digit eight.