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[ATG] Faxes offering discount vacation packages spark state lawsuit
Start Date: 4/11/2013 All Day
End Date: 4/11/2013
Entry Description

INDIANAPOLIS – One company’s faxes offering discount vacation packages to Indiana consumers have resulted in a state lawsuit.

Indiana Attorney General Greg Zoeller filed a lawsuit against Texas-based Encore Tour and Travel and its owner Joseph Daniel Chavez, Jr. The company also does business as Luxury Vacation Promotions. According to the filing, the company violated Indiana’s Do Not Fax law by sending unsolicited fax advertisements to consumers and businesses. Those who purchased the discount vacation packages also said the company failed to make good on its offers. 

“While changes in technology and diligent enforcement efforts have drastically reduced the number of Do Not Fax complaints, many businesses and consumers are still being targeted,” Zoeller said. “Illegitimate companies are continuing to send faxes in bulk in hopes of snagging an employee or other consumer with too good to be true offers.

The Do Not Fax law applies to advertisements sent to residential and business fax numbers. Unlike the Do Not Call law, the Do Not Fax law does not require people to register their fax numbers and applies to every fax number in the state.

According to the lawsuit, an Indianapolis consumer bought a $750 vacation package for a seven-night stay in Orlando, Florida. The company mailed travel vouchers to the customer, but with incorrect vacation package information. Calls to the company for changes or a refund were unsuccessful.

Another consumer tried to use the purchased travel vouchers for an all-inclusive vacation, but learned there were additional charges that applied. The state is seeking an injunction to stop the illegal faxes, consumer restitution, civil penalties and investigative costs.   

In a separate lawsuit, the Attorney General’s office took action against Narin Charanvattanakit also known as Naran Charan or Clayton Heath of California. Charanvattanakit does business under the names Bankcapital, Bankcapital Direct and Trusted Bancorp. According to the filing, the company sent more than 222 faxes to Indiana numbers offering short-term business loans. The Attorney General’s office seeks a permanent injunction to stop the faxes, plus civil penalties and investigative costs. Zoeller said the best way for consumers to respond when receiving unsolicited fax advertisements is to throw them away.

Leading Apex, LLC, a Pennsylvania-based company, is also the target of a state lawsuit for sales calls it made to numbers on the state’s Do Not Call list. The company offered home security systems via live telephone operators and automated messages in violation of the state’s Do Not Call and robocall laws. The Attorney General’s office seeks a permanent injunction to stop the calls, plus civil penalties and investigative costs.

Zoeller’s office recently reached a settlement with All About the Baby, LLC of Delaware after it made sales calls offering baby-related items to numbers on the state’s Do Not Call list. The company agreed pay $15,000 to resolve complaints and reimburse the Attorney General’s investigative costs. Additionally, the company agreed to obtain a Certificate of Authority from the Indiana Secretary of State’s office t and not place illegal calls to Indiana in the future.

Zoeller said the next quarterly deadline to help block annoying sales calls and text messages is May 21. Residential landline, cell, VOIP or prepaid wireless numbers registered by that date should start to see a decrease in sales calls after July 1 when the list is updated. Individuals do not need to re-register unless their address has changed. To sign up or to file a complaint, visit www.IndianaConsumer.com or call 1.888.834.9969. For more information on what do if you receive an unsolicited call visit http://www.in.gov/attorneygeneral/2976.htm.

Zoeller thanked Deputy Attorneys General Eliza Bradley and Dennis Mullen for their work on these cases and their commitment to the Telephone Privacy Section.

-30- 

*NOTE: The settlement and lawsuits were filed in Marion County and can be viewed online by visiting www.IndianaConsumer.com and clicking on “Consumer Lawsuits.” For your convenience, attached is a sample of the fax sent by Luxury Vacation Promotions.

Contact Information:
Name: Erin Reece
Phone: 317.232.0168
Email: Erin.Reece@atg.in.gov
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Entry Type:
Press Release
Entry Category:
  • Announcements
  • IN.gov Category:
  • About Indiana
  • Agency Name
    Attorney General

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