In September, 2007, I received a postcard in the mail that had a Northwest Airlines logo "NWA" and stated “In celebration of our anniversary...we've been going crazy trying to contact you! Call us immediately for details at toll free 1-800-582-6054. The postcard stated "You will receive at your request two round trip airfares to anywhere in the US!" as well as a free rental care for one week. The postcard also read "This is not a solicitation for a time share. *Certain restrictions apply. Travel Provider: Utopian Travel 1315 185th Avenue #113 in Beaverton, OR. 97006.” I have since learned that the company that sent out the postcard was actually Perfekt Marketing, 3015 S. 48th Street, Tempe, Arizona 85282.
I called the 800 number, and made an appointment for my wife and I to attend a presentation at 8:00 pm on September 19, 2007. At the presentation, we watched a PowerPoint presentation about the Vacation Travel Club, which I learned is a company based in Benton Harbor, Michigan. The cost of joining this club was approximately $8000. Following the presentation we informed a saleswoman that we were not interested in joining this club. Through my own investigation, I have found that the managers of Utopian Travel are James Wilson (417) 230-0997 and Andrew Loraditch (417) 593-5626. The owner is Janet Wilson, 503-729-3993.
Before we left, we were given two certificates, one from VIP Travel Reservations for the rental car and the other from CERTS, Inc. for two free airline tickets. We did not redeem the car rental certificate, because the terms and conditions were obviously ridiculous, but we did attempt to redeem the airline certificate, which was the subject of our complaint.
The Wings Across America Vacation Getaway certificate had very specific terms and conditions for its use. My wife and I made every good-faith effort to meet each one of these terms and conditions exactly as required.
Within 30 days of the issue date, we sent, by Certified Mail, the Activation Form to CERTS Inc. (424 East Central Blvd., #413, Orlando FL 32801) along with copies of our passports.
CERTS, Inc. then sent us a Travel Request Form (see attachment C). On October 25, 2007, we returned the Travel Request Form with a Postal Money Order for $100, along with our requested destination and departure airports (Denver, CO and Portland, OR respectively), and two travel date choices, with departure dates 30 days apart (June 17, 2008 and July 17, 2008).
On November 13, 2007 I received a check in mailbox. The check was from CERTS, Inc. in the amount of $100. It arrived with no explanation or other documents.
On November 14, 2007, I called the office of CERTS, Inc. (866) 292-0099. I spoke to a representative. I gave him my name and certificate serial number (Wings22-37298) and asked him why CERTS had sent me the check. He informed me that the reason was that I had not met the terms and conditions of the certificate because I “did not have 30 between departure dates.” I told him that I had counted the days the very carefully and that there are 30 days from June 17 to July 17. He told me that was incorrect, and that there are only 29 days between June 17 and July 17.
I told him that most educated and reasonable people would interpret “30 days between” and “30 days from” to mean the same thing. I did not, and do not concede that their interpretation was correct and mine incorrect. However, I asked him why a CERTS representative didn’t just call me and ask me if I would change one of the two dates by one day, given that they had my telephone number. He said that CERTS does not call people who make mistakes filling out their Travel Request Forms. Then I asked if I could resubmit a copy of my Travel Request Form, with another Postal Money Order, given that the expiration date on my certificate is 12/9/2007. He said that would be impossible; the certificate is now void because I had not met the terms and conditions.
I asked the representative if I could speak to his manager. He told me that the manager is named Seneca (though I’m not certain of the spelling), and that he is in the office from 11 am to 2 pm ET every day. I attempted to call Seneca three times, but each time I was placed on hold for 15 minutes. I am a classroom teacher who teaches students every morning, so I cannot spend time waiting on hold.
I have demanded the following remedy from Utopian Travel and CERTS Inc.:
Two airline tickets from Portland, Oregon to Denver, Colorado leaving June 17, 2007 and returning July 1, 2008 or leaving July 17 and returning July 31. If CERTS Inc. prefers other travel dates, immediately before or after our requested dates, we will accept them. Upon request, we will send CERTS Inc. another Postal Money Order and a photocopy of our original Reservation Request Form.
I complained to the BBB of Florida and Oregon, as well as to the offices of the Attorney Generals of Florida and Oregon. The BBBs were unsuccessful at persuading CERTS, Inc. to honor my certificate.
Below is the response of CERTS to the BBB and the Florida Department of Agriculture and Consumer Services:
November 27, 2007
Johanna Moorer
Consumer Affairs
Better Business Bureau
1600 S. Grant Street
Longwood, FL 32750
Re: Joel G______, Case#: 63A2-9DC&
Dear Ms. Moorer,
Certs, Inc. is a promotional incentive company that works with companies such as Utopian Travel. Certs, Inc. creates, distributes, and processes many types of certificates. Utopian Travel purchases our certificates and distributes and markets them to their liking. In return, Certs, Inc. fulfills the certificate if and only when the Terms & Conditions are followed.
The program that Mr. G____ has participated in provides two adults with round-trip airfare from the major airport nearest their home to any other major city in the continental United States. In order to participate in this program, users are required to fill out the activation form and send it to Certs, Inc. along with a copy of a valid photo ID for each traveler. Once Certs, Inc. receives these items, a Travel Request Form is issued. With this form, users are to indicate where they would like to travel to and from; along with two separate travel dates they wish to depart on. They are also to include a US Postal Money order in the amount of $100 to pay for taxes and surcharges associated with the flight.
Certs, Inc. received Mr. G____’s activation form and ID’s on September 29, 2007. Mr. G____ was then issued a Travel Request Form. Certs, Inc. received Mr. G_____’s filled out Travel Request form and $100 deposit on October 29, 2007. The reason that Mr. G_____ received his $100 back is because Mr. G_____ failed to adhere to one of the original terms and conditions associated with this offer. Both the original activation form and the Travel Request Form state that your first and second departure date choices must have at least 30 days between them. Mr. G_____’s first departure date choice was June 17 and his second departure date choice was July 17. There are only 29 days separating these two dates and therefore, Mr. G_____’s offer was voided. As the letter that Mr. G_____ received states, “We are unable to process your travel request. . . Please do not resubmit any documents to re-instate your certificate. The offer remains void.”
Certs, Inc. goes to great lengths to make our terms and conditions simple and easy to understand. We have very few restrictions, but we do require adherence to be able to serve all participants who are in compliance. We are sorry that Mr. G_____ did not choose to follow all of our terms and conditions of this program; however, there is nothing that can be done.
Thank you for your time and consideration in this matter.
Sincerely,
Lauren Gallo
Certs, Inc.
Here was my response:
Don Dietrich
Regulatory Specialist III
Division of Consumer Services
2005 Apalachee Pkwy.
Tallahassee, FL 32399-6500
Dear Mr. Dietrich,
In reference to case #0712-35920/DD, please accept this letter as notification that I do not accept the response of Certs, Inc. to my complaint.
There are two reasons that I find the response of Lauren Gallo (representing Certs, Inc.) unacceptable:
1) I do not believe that there are only 29 days between June 17 and July 17. Rather, there are 30 days between June 17 and July 17. If there were only 29 days between June 17 and July 17, there would have to be zero days between June 17 and June 18, or any other two days on the calendar. Between any given hour, noon for example, on June 17 and that same hour on July 17, there are exactly 720 hours. 720 hours divided by 24 hours equals 30 days. Gallo’s assertion that there are only 29 days is disingenuous and absurd.
2) Gallo also claims that “…Mr. G. did not choose to follow all of our terms and conditions of this program; however, there is nothing that can be done.” The fact is that I made good faith efforts to follow every one of the numerous terms and conditions established by Certs, Inc. It was Certs, Inc. that chose not to inform me that it has a different way of calculating 30 days than I do. As I stated in my initial complaint, changing one of my travel dates was not a problem for me. All Certs, Inc. had to do was call me or send me a letter asking me to move one of the dates forward or backwards by a day. That is what any honest and legitimate business would have done. Instead, Certs Inc. chose to void my certificate. Contrary to Gallo’s claim, Certs Inc. never sent me an explanation for why my $100 was refunded. All I received was a check for $100 in an envelope.
The remedy I demand from Certs, Inc. is “Two round-trip airfares from the major airport nearest [my] home to any other major city in the continental U.S.”, as promised to me by Certs, Inc.
I am most grateful for all the work you have done on my behalf, and on behalf of consumers in Florida and throughout the United States.
Sincerely,
Joel G. |
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