Ind. AG files lawsuit against discount vacation package company

By Bryan Cohen | Apr 12, 2013

INDIANAPOLIS (Legal Newsline) - Indiana Attorney General Greg Zoeller filed a lawsuit Thursday against a Texas-based travel agency and its owner for allegedly violating Indiana's Do Not Fax law by sending unsolicited fax advertisements to consumers.

Encore Tour and Travel, doing business as Luxury Vacation Promotions, and Daniel Chavez Jr., the company's owner, allegedly sent unsolicited fax advertisements to both businesses and consumers and failed to deliver the discount vacation packages promised in the fax advertisements. The company also allegedly failed to respond to requests for package changes or refunds.

"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 business and residential fax numbers and does not require people to register their fax numbers.

Zoeller's lawsuit seeks an injunction to stop the unsolicited faxes, civil penalties, consumer restitution and attorney costs.

Zoeller's office is currently engaged in several other fax- and telephone-related lawsuits. Zoeller filed a lawsuit against Narin Charanvattanakit, also known as Naran Charan, Clayton Health of California and several other business names, for allegedly sending more than 222 faxes to Indiana numbers offering short-term business loans. Zoeller's lawsuit seeks a permanent injunction to stop the faxes, civil penalties and attorney costs.

Zoeller's office also filed a lawsuit against the Pa.-based Leading Apex LLC for allegedly calling numbers on the Do Not Call list. The lawsuit seeks a permanent injunction to stop the calls, civil penalties and attorney costs.

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