IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY SUNDANCE VACATIONS, INC., Plaintiff, v. ALBERT WHITEHEAD, Defendant. NO. 12-CIV-8006 fO PLAINTIFF SUNDANCE VACATIONS, INC.'S PETITION FOR PRELIMINARY INJUNCTION Pursuant to Rule 153 1 of the Pennsylvania Rules of Civil Procedure, and on the basis of the verified Complaint in this matter and the attached Affidavits of John Dowd (Exhibit "A") and Dennis Cheng (Exhibit "B"), Plaintiff Sundance Vacations, Inc. ("Sundance Vacations") seeks preliminary injunctive relief enforcing the terms of the Settlement Agreement dated February 6, 2007 and, in support thereof, states the following: 1. This action arises out of the flagrant, contemptuous and continuing breach by Defendant Albert Whitehead of his contractual obligation to
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IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
SUNDANCE VACATIONS, INC.,
Plaintiff,
v.
ALBERT WHITEHEAD,
Defendant.
NO. 12-CIV-8006
fO
PLAINTIFF SUNDANCE VACATIONS, INC.'S PETITION
FOR PRELIMINARY INJUNCTION
Pursuant to Rule 153 1 of the Pennsylvania Rules of Civil Procedure,
and on the basis of the verified Complaint in this matter and the attached
Affidavits of John Dowd (Exhibit "A") and Dennis Cheng (Exhibit "B"), Plaintiff
Sundance Vacations, Inc. ("Sundance Vacations") seeks preliminary injunctive
relief enforcing the terms of the Settlement Agreement dated February 6, 2007
and, in support thereof, states the following:
1. This action arises out of the flagrant, contemptuous and
continuing breach by Defendant Albert Whitehead of his contractual obligation to
refrain from posting disparaging messages concerning Sundance Vacations on any
internet site or in any way disparaging Sundance Vacations.
2. In order to settle a defamation claim asserted by Sundance
Vacations in the United States District Court for the Eastern District of
Pennsylvania in connection with Mr. Whitehead's anonymous online posts, Mr.
Whitehead agreed that on February 6, 2007 he would not write, construct or post
or cause, assist or encourage any others to write, construct or post any messages in
any public or private forum that in any way reference Sundance Vacations. A true
and correct copy of the Settlement Agreement dated February 6, 2007 is attached
as Exhibit "C."
3. In connection with the settlement, Mr. Whitehead admitted that
he has no information that might in any way suggest that Sundance Vacations
engaged in fraudulent, misleading or deceptive practices and that the disparaging
statements that he made concerning Sundance Vacations on various internet sites
were not true. (See Declaration of Albert Whitehead (attached to Settlement
Agreement as Exhibit "A") ff 4-5.) The Declaration that Mr. Whitehead signed
under penalty of perjury pursuant to 28 U.S.C. § 1746 states in pertinent part:
I was never employed by Sundance Vacations, Inc.,
never had a membership in Sundance Vacations, Inc. and
never attended a sales presentation at Sundance
Vacations, Inc. I therefore have no personal knowledge
concerning the sales presentations at Sundance
Vacations, Inc. which were the subject of my postings.
Nor do I have personal knowledge or information
suggesting that Sundance Vacations, Inc. has engaged in
or is engaging in fraudulent, misleading, deceptive or
pressure-filled sales presentations.
(14)
4. As part of the settlement, Mr. Whitehead agreed that he would
take all reasonable and necessary steps to remove the posts that he made and that
injunctive relief would be appropriate to remedy any violations of the Settlement
Agreement. (See Declaration of Albert Whitehead fflf 9- 1 0.)
5. Further, Mr. Whitehead agreed that he would never again post
in any public forum any messages concerning Sundance Vacations. The
Settlement Agreement states in pertinent part:
Whitehead agrees that he will not write, construct or
post, or cause, assist or encourage others to write,
construct or post, any e-mails, correspondence or
electronic messages on any website, message board,
forum, chat room or other viewable form on the World
Wide Web, Usenet, e-mail list server or other area of the
internet which mentions directly or indirectly, or by
inference, parody or play on words, Sundance Vacations
.... Whitehead further covenants and agrees that the
obligations set forth in this paragraph and the Affidavit
attached hereto as Exhibit "A" are a material inducement
for Sundance Vacations ... to enter into this Agreement
and are intended to become part of the consideration for
this Agreement. In the event of any breach by
Whitehead of any of the obligations set forth in this
paragraph or the Affidavit attached hereto as Exhibit
"A," the offended party may seek to enforce this
Agreement and recover damages caused by the breach . .
. or may institute a separate legal proceeding to recover
damages and other appropriate relief. . . .
(See Settlement Agreement % 1 .)
6. In addition, Mr. Whitehead agreed that he would not make any
statements in any medium that in any way disparage Sundance Vacations. The
Settlement Agreement states in pertinent part:
Whitehead further agrees not to make any comments or
statements, orally or in writing, in any medium, to any
third parties, or to take any other action which might be
deemed retaliatory or which could reasonably be
construed to adversely affect and/or disparage the
personal and/or business reputation of Sundance
Vacations ... or any of their employees, agents,
representatives or affiliates ....
(See Settlement Agreement f 9.)
7. Mr. Whitehead has breached and continues to breach his
obligations under the Settlement Agreement by administering a Facebook page
called "Boycott Sundance Vacations" and by posting and sending disparaging
communications to regulators and business partners of Sundance Vacations. In
each case, Mr. Whitehead uses assumed names or pseudonyms to disguise his
identity.
8. "Boycott Sundance Vacations" is a page that is viewable by the
public on the Facebook platform. As its name suggests, the page is dedicated to
encouraging customers and business associates of Sundance Vacations to cease
doing business with the company. Among other things, the "Boycott" page
publishes false representations concerning the products offered by Sundance
Vacations and advises readers not to do business with the company.
9. The limited discovery conducted to date establishes that Mr.
Whitehead is administering the "Boycott" page.
10. On or about July 12, 2012, Sundance Vacations served a
subpoena duces tecum upon Verizon Communications, Inc. ("Verizon") to compel
the production of Internet Protocol addresses1 ("IP addresses") and session logs
associated with internet service at Mr. Whitehead's home at 842 N. 27th Street,
Philadelphia, Pennsylvania. In response, Verizon identified the specific IP
addresses assigned to the Whitehead home and the period of time covered by each
assignment. (True and correct copies of the subpoena and response thereto are
attached as Exhibits "D" and "E," respectively.)
1 1 . The IP session logs produced by Verizon confirm that the
administrator of the "Boycott" page communicated with a customer of Sundance
Vacations through email messages sent from Mr. Whitehead's home.
12. Specifically, the "Boycott" administrator, using the name "John
Flannagan" and an AOL email account in the name "JohnFOSOS 1 (gtaol.com."
sent an email to the Sundance Vacations customer on August 24, 201 1 at 10:46:41
(EDT). In the email, the "Boycott" administrator made disparaging and untrue
statements concerning the Sundance Vacations product that the customer
purchased and encouraged the customer to cancel her membership. (A true and
1 IP addresses are unique numerical identifiers assigned to devices participating in a
computer network. Most business networks and servers use fixed, assigned IP addresses that are
easily traceable. Most consumers and home internet access is brokered via dynamic IP addresses
issued by Internet Service Providers ("ISP"). While also unique at any specific moment,
dynamically leased IP addresses assigned to users can change over time. In these situations, the
ISP can associate a subscriber to an IP address during any particular period. (Cheng Aff. 1 5.)
6
correct copy of the email message is attached as Exhibit "F.")
13. The "Boycott" administrator followed up with an email
message dated September 16, 2011 at 17:35:46 (EDT) again offering to assist her
in canceling her membership and asking her to "spread the word amongst your
family, friends, co-workers and other associates." (A true and correct copy of the
email message is attached as Exhibit "G.")
14. As the chart below demonstrates, the IP addresses from which
the email messages from "[email protected]" originated are the same IP
addresses assigned by Verizon to Mr. Whitehead's home:
Email Message
Date and Time
Originating
IP Address
IP Address Assigned
to Whitehead's Home2
August 24, 201 1 at 10:46:41 EDT 68.163.49.1353 68.163.49.135
September 16, 201 1 at 17:35:46 EDT 68.163.53.2474 68.163.53.247
(Cheng Aff. t 7.)
15. Mr. Whitehead also used the JohnF0808 1 @aol.com email
2 See Exhibit "E" attached hereto.
3 See Exhibit "F" attached hereto.
4 See Exhibit "G" attached hereto.
7
account to send email messages to two of Sundance Vacations' business partners
encouraging them to terminate their business relationship with the company.
1 6. "JohnF0808 1 @aol.com" sent an email message to
representatives of the Somerset Patriots on March 3 1, 201 1 identifying himself as
an administrator of the "Boycott" page. In the message, "JohnF" made
disparaging and patently false representations concerning Sundance Vacations'
products and business practices and attached four Microsoft WORD documents
which he claimed illustrated his position. (A true and correct copy of the March
31, 201 1 message is attached as Exhibit "H.")
1 7. Each of the four attachments contain references to "Albert
Whitehead" in the file metadata.5 Three of the WORD documents identify Albert
Whitehead as the person who last modified or last saved the document. The
metadata associated with the fourth document, an anonymous complaint
concerning Sundance Vacations addressed to the Ohio Attorney General's Office,
identifies "Albert Whitehead" as the author as well as the person who last saved
5 Metadata is data embedded in electronic document files which provides contextualinformation about the file, including such things as the time of creation, the time of last access,
modification and printing as well as the identity of the creator and person who last saved or
modified the document. (Cheng Aff. % 10.)
8
the document. (True and correct copies of screen shots of the file metadata are
appended to the email message attached as Exhibit "H.") The chart below
demonstrates these findings:
File Name of Attachment Reference to
Mr.
Whitehead?
Specific Reference
Susie Individual Complaint Yes Last Modified By: "Albert Whitehead"
Group Complaint Submitted by Susie Yes Last Saved by: "Albert Whitehead"
Anonymous to the Ohio Attorney Yes Authors: "Albert Whitehead"
Last Saved by: "Albert Whitehead"
Facebook Comment Yes Last Modified By: "Albert Whitehead"
(Cheng Aff. It 8-11.)
18. On April 20, 201 1 , "JohnF" sent a similar email message to
representatives of another Sundance Vacations business partner, the Chicago
Bulls, encouraging that entity to discontinue its relationship with Sundance
Vacations. (A true and correct copy of the email message is attached as Exhibit
"I.") Incredibly, "JohnF" referenced the Eastern District litigation between Mr.
Whitehead and Sundance Vacations in the email! Attached to the April 20, 201 1
email are a number of Microsoft WORD and PDF files. All of the attachments
have references to "Albert Whitehead" in the file metadata. The PDF files identify
'Albert Whitehead" as the author and the WORD documents identify "Albert
Whitehead" as the author and the person who last saved the file. (True and correct
copies of screen shots of the file metadata are appended to the email message
attached as Exhibit "L") The chart below demonstrates these findings:
compelling Mr. Whitehead to comply with the Settlement Agreement and enjoining
further breaches of his contractual obligations.
2 1 . Sundance Vacations has suffered and will continue to suffer
immediate and irreparable harm as a direct result of Mr. Whitehead's unlawful acts.
Unless Mr. Whitehead is enjoined from existing and future breaches, Sundance
Vacations will continue to suffer damage and harm to its reputation and goodwill
as well as its customer and business relationships. These losses cannot be
compensated in money damages.
22. The Settlement Agreement is valid, enforceable and binding
upon Mr. Whitehead. Contrary to his assertion, Mr. Whitehead never revoked his
acceptance of the Settlement Agreement and he remains bound by its terms.6 Mr.
6 Importantly, Mr. Whitehead never provided written notice to Sundance Vacations'counsel by fax or hand delivery as he was required to do in order to effectively revoke his
acceptance of the Settlement Agreement. (See Settlement Agreement ^ 1 l(v).) To the contrary,
Mr. Whitehead sent an email to his counsel, Rufus Jennings, Esquire, with a copy to John Dowd
on March 7, 2007 — four weeks after he claims to have revoked his acceptance of the Settlement
Agreement — to demand withdrawal of the Writ of Summons filed against him by Sundance
Vacations in Luzerne County. Mr. Whitehead wrote:
As of this writing I am unaware of any documented withdrawal of
the Writ of Summons number 7021 filed in Luzerne County on or
about June 30, 2006. Since the withdrawal is part of the settlement
agreement I request that such be documented.
If the Writ of Summons remains active I will consider that to be a
breach of the settlement agreement and I will respond accordingly.
11
Whitehead's actions are a clear breach of the Settlement Agreement and therefore
Sundance Vacations' right to relief is clear.
23. Preliminary injunctive relief is necessary to restore the status
quo and is reasonably suited to abate Mr. Whitehead's wrongful acts.
24. Mr. Whitehead will suffer no harm whatsoever if the status quo
is restored pending a final decision on the merits. As a result, greater injury will
result from refusing the injunction than from granting it.
25. Sundance Vacations has no adequate remedy at law to redress
the immediate and irreparable harm and injury caused by Mr. Whitehead's existing
and continuing breaches of his obligations under the Settlement Agreement.
26. Mr. Whitehead's wrongful conduct is manifest and actionable
and Sundance Vacations' right to relief is clear.
(See email message dated March 7, 2007 at 3:19 p.m.) (A true and correct copy of the email
message is attached as Exhibit "I.") The writ of summons was dismissed immediately thereafter.
In fact, Mr. Whitehead received the full benefit of the bargain struck in the Settlement
Agreement that he now claims to have revoked. (Dowd Aff. f 17.)
12
WHEREFORE, Sundance Vacations requests that this Court enter an
Order enforcing the Settlement Agreement and preliminarily enjoining and
restraining Mr. Whitehead from existing and future breaches of his obligations
under the Settlement Agreement, including, but not limited to, compelling the
immediate discontinuance of the "Boycott" page and removal of all offending and
unlawful posts by Mr. Whitehead on any other platform.
Respectfully submitted,
Daniel T. Brier
Donna A. Walsh
Nicholas F. Kravitz
Attorneys for Plaintiff,
Sundance Vacations, Inc.
MYERS, BRIER & KELLY, L.L.P.
Suite 200, 425 Spruce Street
Scranton, PA 18503
(570)342-6100
Date: September 20, 2012
13
VERIFICATION
I, John Dowd, President and CEO of Sundance Vacations, Inc.,
hereby certify that the facts contained in the foregoing Petition for Temporary
Restraining Order or, in the Alternative, for Preliminary Injunction are true and
correct and are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to
unsworn falsification to authorities.
John Dowd
Date: 1 nh^-
jJ-^A- *<? fi '>fiS-1l-'«>'"<:i
/c..'-. >7 ^ <- " 2."^C
Exhibit A
IN THE COURT OF COMMON PLEASOF LUZERNE COUNTY
SUNDANCE VACATIONS, INC.,
Plaintiff,
ALBERT WHITEHEAD,
Defendant.
CASE NO.
AFFIDAVIT OF JOHN DOWD
JOHN DOWD, being duly sworn, hereby deposes and says:
1 . I am the President of Sundance Vacations, Inc. ("Sundance
Vacations") and am authorized to make this Affidavit on its behalf.
2. Sundance Vacations is engaged in selling travel packages to
customers through direct sales presentations at showrooms throughout
Pennsylvania.
3. In or about September 2004, Defendant Albert Whitehead
applied for a position as a salesman with Sundance Vacations.
4. When he was not selected for the position, Mr. Whitehead
brought an action against, inter alia, Sundance Vacations, Dowd Marketing, Inc.,
Jerry Sisk ("Sisk") and myself in the United States District Court for the Eastern
District of Pennsylvania on August 11, 2005 alleging that he was the victim of age
discrimination. Sundance Vacations and Sisk filed a counterclaim against Mr.
Whitehead on February 16, 2006 to recover damages for the numerous false,
defamatory and disparaging anonymous messages that Mr. Whitehead posted
online concerning Sundance Vacations and Sisk. The action is docketed at No.
05-CV-4193.
5. The litigation in the Eastern District was resolved by means of
a Settlement Agreement dated February 6, 2007. The Settlement Agreement was
negotiated by Mr. Whitehead through his counsel, Rufus Jennings, Esquire, and
was reached with the assistance of the Honorable Legrome D. Davis who presided
over a settlement conference on September 6, 2006 and a proceeding convened on
February 6, 2007 to decide Sundance Vacations' motion to compel enforcement of
the settlement that we reached. The Settlement Agreement was finalized and
signed in Judge Davis's courtroom on February 6, 2007.
6. In connection with the settlement, Mr. Whitehead admitted
under oath that he published statements concerning Sundance Vacations that were
not true. (See Declaration of Albert Whitehead (attached to Settlement Agreement
as Exhibit "A") ^f 4.) He further admitted that he was never employed by
Sundance Vacations and has no information that in any way suggests that
Sundance Vacations engaged in fraudulent, misleading or deceptive practices. (Id
115.)
7. As a material part of the settlement, Mr. Whitehead agreed that
he would not post any messages in any public forum that in any way reference
Sundance Vacations. (See Settlement Agreement f 1 .) He also agreed that he
would not in any way disparage Sundance Vacations. (See Settlement Agreement
%9.)
8. Further, Mi-. Whitehead agreed that he would take all
reasonable and necessary steps to remove his offending posts and he conceded that
entry of injunctive relief is appropriate to remedy violations of the Settlement
Agreement. (See Declaration ofAlbert Whitehead fff 9-10.)
9. Mr. Whitehead has breached and continues to breach his
obligations under the Settlement Agreement by administering a site on the internet
called "Boycott Sundance Vacations" and through other means, including, but not
limited to, sending false disparaging communications to regulators, business
partners and customers of Sundance Vacations.
1 0. "Boycott Sundance Vacations" is a page that is viewable by the
public on the Facebook platform. As its name suggests, the page is devoted to
encouraging customers and business associates of Sundance Vacations to cease
doing business with the company. The administrator of the "Boycott" page
publishes false statements about the products offered by Sundance Vacations and
advises readers not to do business with the company.
11. On August 24, 201 1 and September 16, 201 1, the administrator
of the "Boycott" page, an individual calling himself "John Flannagan" and using
an AOL account titled [email protected], sent email messages to a customer
of Sundance Vacations containing false and defamatory assertions concerning the
company and encouraged her to cease doing business with the company. Through
discovery in this case, it has been confirmed that the emails originated from Mr.
Whitehead's home at 842 N. 27th Street, Philadelphia, Pennsylvania.
12. In addition, "John Flannagan" sent email messages from the
[email protected] address to two of Sundance Vacations' business partners
encouraging those businesses to cease doing business with Sundance Vacations.
The file metadata associated with the email attachments shows that "Albert
Whitehead" authored, last modified or last saved the documents.
13. These breaches by Mr. Whitehead have caused and continue to
cause Sundance Vacations to suffer substantial and irreparable harm, including,
but not limited to, interference with Sundance Vacations' customer and business
relationships and harm to its reputation and goodwill. Customers have called to
cancel their memberships after having visited the "Boycott" site. Other customers
have canceled their appointments after reading the comments posted on the site.
Many more prospective customers have declined our invitation to make sales
appointments. This substantial erosion in our business is a direct result of the
"Boycott" page.
14. Business associates of Sundance Vacations, including the
Somerset Patriots and Chicago Bulls, have stopped doing business with us as a
result of the negative publicity generated by the "Boycott" page.
15. Once relationships are affected in this manner, it is virtually
impossible to regain the confidence and trust of our customers and business
partners.
16. The monetary loss to Sundance Vacations is staggering and
continues to accrue. The damage to the company's reputation is unquantifiable
and cannot be remedied by money damages.
17. Mr. Whitehead never revoked his acceptance of the Settlement
Agreement. To the contrary, he sent an email to his counsel, Rufus Jennings,
Esquire, with a copy to me on March 7, 2007 — four weeks after he claims to
have revoked his acceptance of the Settlement Agreement — to demand
withdrawal of the Writ of Summons filed against him by Sundance Vacations in
Luzerne County. He wrote:
As of this writing I am unaware of any documentedwithdrawal of the Writ of Summons number 7021 filedin Luzerne County on or about June 30, 2006. Since thewithdrawal is part of the settlement agreement I requestthat such be documented.
If the Writ of Summons remains active I will considerthat to be a breach of the settlement agreement and I willrespond accordingly.
(See email message dated March 7, 2007 at 3:19 p.m.) The writ of summons was
dismissed immediately thereafter. In fact, Mr. Whitehead received the full benefit
of the bargain strack in the Settlement Agreement that he now claims to have
5. All electronic communications held or maintained in Verizon's
computer systems on behalf of any of the accounts identified in Paragraph 1.
IN THE COURT OF COMMON PLEASOF LUZERNE COUNTY, PENNSYLVANIA
SUNDANCE VACATIONS, INC.,
Plaintiff,
ALBERT WHITEHEAD,
Defendant.
CASE NO. 12-CV-8006
NOTICE
TO: Custodian of Records, Verizon Communications, Inc.
1717 Arch Street
Philadelphia, PA 19103
You are required to complete the following Certificate of Compliance
when producing documents or things pursuant to the Subpoena.
CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE
DOCUMENTS OR THINGS PURSUANT RULE 4009.23
I, , certify to the best ofmy knowledge,
information and belief, that all documents or things required to be produced
pursuant to the subpoena issued on July 12, 2012 have been produced.
Date: CUSTODIAN OF RECORDS FOR
VERIZON COMMUNICATIONS, INC.
By:
Sworn to and subscribed before me this
day of , 2012
Notary Public
My Commission expires:
var&pff
August 1, 2012 Legal ComplianceTXD016132701 S. Johnson St.SanAngelo, TX 76904Voice: 888-483-2600Fax 325-949-691 6
Verizon Case # 12275571
Re: Subpoena Per Court of Common Pleas Luzerne County, PA Myers, Brier & Kelly LLPAttorneys for the Plaintiff Sundance Vacations Inc. vs. Albert WhiteheadSigned 7/12/2012
Business Records Affidavit
I, Christine Gardener, being duly sworn, deposes and says: I am the custodian of records forVerizon, and in that capacity, I ceitify that the attached records are true and accurate copies of therecords created from the information maintained by Verizon in the actual course of business.
It is Verizon's ordinary practice to maintain such records, and that said records were madecontemporaneously with the ti-ansaction and events stated therein, or within a reasonable timethereafter.
I have provided Donna A Walsh, Esquire, the subscriber records as requested to include IPAddress, Session Logs for name, address, account number and type, account creation date,corresponding telephone number and user ID and user name for die subscribers named on theresponse document.
Execuic-d or; August 1. 2012A
tf
K*f
Chrisime Gsirdener. Cocsulumt Net Ops
«s^
AugUSt 1, 2012 Legal ComplianceTXD016132701 S. Johnson Si.San Angalo, TX 76304Voice: 888-483-2600Fax 325-949-6916
Verizon Case #12275571
Re: Subpoena Per Court of Common Pleas Luzerne County, PA Myers, Brier 8c Kelly LLPAttorneys for the Plaintiff Sundance Vacations Inc. vs. Albert WhiteheadSigned 7/12/2012
VZ FiOS Consumer Internet Plan/ ActiveVOL User ID: vzel98ekm
August 1, 2012
Verizon Case # 12275571
Legal ComplianceTXD016132701 S. Johnson St.San Angslo, TX 76304Voles: 888-483-2600Fax 325-949-6916
Re: Subpoena Per Court of Common Pleas Luzerne County, PA Myers, Brier & KeDy LLPAttorneys for the Plaintiff Sundance Vacations; Inc. vs. Albert WhiteheadSigned 7/12/2012
IP Session logs are reflected in GMT
VZID Session List for Kathy WhiteheadStart Date : 2011-09-22 00:00:00ZStop Date : 2012-03-19 0O:O0:00ZUser ID : vzetbdnxTotal Sessions : 89
Start Time«
Stop Time Duration ;f User ID | IPAddress I
I 2012-02-15 18:31:44Z | 2012-03-19 09:50;22Z f 32d 15h 15m 33s | vzetbdnx]! 70.110.201.252 ITI 2012-02-10 21:07:25Z | 2012-02-15 18:31:34Z i 4d 21h23m45s
ij 2012-02-05 14:12:29Z I 2012-02-10 21:07:16Z I 5d 6h 54m 20s
I 2012-01-29 12;15;49Z 1 2012-02-05 14:12:20Z f7d Ih 55m 54s12012-01-29 01:43:3 1Z I 2012-01-29 12:15;40Z I Od lOh 32m 7s*} ;; &
| vzetbdnx !| 70.110.203.30 j
t vzetbdnx | 68.163.44.121 1
| vzetbdnx | 70.110.195.10 |
I vzetbdnx I 151.199.254.194 I
| 2012-01-28 12:17:03Z | 2012-01-29 0l:43:22Z p Od 13h 26m 16s
I can assure you that you have every right to cancel your SunScam Vacations membership.
Moreover, it is virtually impossible to use, as a practical matter, those membership weeks unless you'rewilling to spend $1,100-$13,000 per week and NOT be able to pick where and when you vacationsbecause it's a Hobson's choice multiple destination procedure! BAD NEWS!
Pleaser read your private Facebook messages AND the Facebook page comments and follow all theadvice. If you have ANY questions, please do not hesitate to contact me by email or by private messageon Facebook. (Be careful what you reveal on the Boycott page because SunScam Vacations reads thepage daily because they KNOW they are a dirty and shady company.
Best of luck and please keep us informed.
John Flannagan - one of Facebook page administrators
Page#l
SUNSCAM VACATIONS.txtX-Apparently-To: becky_fabian(ayahoo.com via 98.138.226.64; Wed. 24 Aug 201107:46:48 -0700Return-Path: <johnf08081@aol .com>Received-SPF: pass (domain of aol.com designates 205.188.105.144 as permittedsender)X-YMaillSG: O07vd7sWLDspr41wS2EL.uomBFJUbBM0blt8a9TRbOb0YGzn
X-Ori gi nati ng-lP : [205 . 188 . 105 . 144]Authenti cati on-Resul ts : mtallSl . mai 1 . bf1 . yahoo . com f rom=aol . com ;domainkeys=neutral (no sig); f rom=aol .com; dkim=neutral (no sig)Received: from 127.0.0.1 (EHLOimr-da02.mx.aol.com) (205.188.105.144)
by mtall51.mail.bfl.yahoo.com with SMTP; Wed, 24 Aug 2011 07:46:47 -0700Received: from mtaomg-ma04.rl000.mx.aol.com (mtaomg-ma04.rl000.mx.aol.com[172.29.41.11])
by imr-da02.mx.aol .com (8.14.1/8.14.1) with esmtp id p7OEkfZM018310for <[email protected]>; wed, 24 Aug 2011 10:46:41 -0400
Received: from core-mqb002c.rl000.mail.aol.com (core-mqb002.rl000.mail.aol.com[172.29.192.133])
by mtaomg-ma04.rl000.mx.aol.com (OMAG/Core Interface) with ESMTP id44053E0000A2
for <[email protected]>; Wed, 24 Aug 2011 10:46:41 -0400 (EDT)From: JohnF08081(aaol .comMessage-ID: <6fcal.96376b3.3b8668dl@aol .com>Date: Wed, 24 Aug 2011 10:46:41 -0400 (EDT)Subject: SUNSCAM VACATIONSTo: becky_fabian(ayahoo.comMlME-version: 1.0Content-Type : mul ti part/al ternati ve ;boundary="partl_6fcal.96376b3.3b8668dl_boundary"
I am one of the administrators of the Boycott page. If there is anything that l/we can do to assist you indealing with Sundance Vacations please do not hesitate to contact us. We ask NOTHING in return exceptthat you "like" the page, remain a Boycott page member and spread the word amongst your family,
friends, co-workers and other associates.
Thank you,
John Flannagan
Page#l
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From; JohnF08081Paol.com [mailto:JohnF08081(S)aol.com1Sent: Thursday, March 31, 2011 6:28 PMTo: Patrick McVerry; Marc RussinoffSubject: SUNDANCE VACATIONS
To Whom It May Concern:
I am one of the administrators of the "Boycott Sundance Vacations" Facebook page. Created because of amyriad of horror stories from people who were taken in and we thought it would be helpful to bring everybodytogether to exchange information and ideas on how to deal with this scam.
Attached are 4 self-explanatory documents, all in MS Word Format. Each of the following has also been sent bysnail-mail so to speak. (Hard copies)
(1) Individual complaint by Susie Hassan Jones to the Pennsylvania Bureau of Consumer Protection. Susieis a former journalist and news anchor. Susie is now an on-air sales representative for QVC. Susie's e-mail is: [email protected] Susie is available for further verification.
(2) Susie also submitted an additional 15 complaints to the Pennsylvania Bureau of Consumer Protection.Each complainant is identified by name, address, city & state with detailed circumstances of eachindividual complaint.
(3) Letter to the Ohio Attorney General.
(4) Facebook comment of Rebecca Rudloff-Kowalski, a former 6-year employee of Sundance Vacations.Rebecca's e-mail is: pizzwit 1 [email protected] Rebecca is available for further verification.
I/we categorically believe that Sundance Vacations flagrantly violates the "Do-Not-Call" legislation, inconjunction with various other state and Federal consumer protection provisions. This nefarious company hasbeen scamming the proletariat for years, despite private law suits and intervention by various regulatoryagencies and numerous complaints to the BBB. All to no avail because the company is motivated by angrydefiance and greed!
I am reminded of a profound quote: "All that is necessary for the triumph of evil is that good men do nothing."Edmund Burke
The economic hardships caused by this company are pure evil, literally!
If there are any questions my e-mail is: JohnF0808 1 @aol.com
No virus found in this message.Checked by AVG - www.avq.comVersion: 10.0.1321 /Virus Database: 1500/3594 - Release Date: 04/24/11
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I/we understand that your organization is affiliated with Sundance Vacations aka Travel Advantage Network(TAN). However, I/we felt that it was only fair to let you know exactly what Sundance Vacations is all about,to advise you of the possible repercussions ofbeing aligned with them and to beseech you address this issue.Sundance Vacations was the subject of a consumer investigation by Jeff Gelles, consumer reporter for thePhiladelphia (PA.) Inquirer. The article was published on Sunday August 9, 2009. (Copt attached in PDF)
What they do, in a nut shell, relevant to your organization/brand, is occupy an area in your building where theSundance Vacations representatives aggressively solicit consumers to fill-out a sweepstakes entry form inorder to harvest and call phone numbers in violation of the Do-Not-Call legislation as detailed in the attachedarticle by Natasha Shabani, an attorney with Rutter Hobbs & Davidoff in Los Angeles. (Attached in MS WordFormat)
It is inconceivable to us that such a reputable organization as yours would associate itself with such a nefariouscompany. I/we would like to believe that despite any financial benefits that your organization may receive, wecannot believe that you are aware of the various harms that Sundance Vacations has caused so many hundredsof unwary consumers. Consequently, I/we are forwarding the following links and beseech that you PERUSEthose links. If you follow our respectful suggestion, you will be left with only two plausible conclusions:
(1) Either all those hundreds of consumers are telling the same lies; or,(2) They're all telling the same truths!
Naturally, some of the Internet comments come from disgruntled employees, (albeit disgruntled employeescould very well be telling the truth) litigious public, irate clients and plagiarism by some authors. But in the
i
final analysis, either they're all telling the same lies, or they're all telling the same truth. I/we can assure youthat the latter is the case.
Bottom line, your organization is being associated with a nefarious company known for its' high pressure andunethical vacation sales tactics, notwithstanding that the product/service is sold with material misrepresentation,both by commission and/or omission.
All links are self-explanatory written by consumers from all walks of life encompassing five states. I reiterate,for the most part, either they're all telling the same lies; or, they're all telling the same truths! Judge for yourself
because Sundance Vacations is very adept at self-promotion, such as seeking credibility by mentioning (in allthere sales presentations) their affiliation with your organization.
Flyers & 76rs Game Sundance Travel Scam
Sundance Vacation weeks costs in excess of $1,100
Boycott Sundance Vacations Facebook page
Rip-off Report.com
Who Calls Me 800-291-0500
The prize fight - chicagotribune.com
Sundance Vacations Sweepstakes Vs Do Not Call
Sundance Vacations Propaganda
Sundance Vacations - Hasbrouck Heights
Independent Traveler Complaints Board
Sundance Vacations Yed.da.com
That Sundance Vacations cruise is a hoax
The GateHouse
Legal Matters
In July, 2005 Sundance Vacations was investigated by the state ofNew Jersey for failure to comply with
Federal and state minimum wage laws. The investigation resulted in 32 employees being paid a total of
$19,762.62 in back wages. The company also paid administrative fees of $1,976.26 and penalties of $3,000.
On August 1 1, 2006, a Federal Civil Rights violation was filed against Sundance Vacations in the Eastern
District of Pennsylvania citing discrimination. The case was settled out of court. ED.PA. NO. 05-CV-04193
On November 6, 2006, a consumer fraud civil law suit was filed against Sundance Vacations, Inc. and
Sundance Vacations Network, Inc. The fraudulent misrepresentation claim was filed in the Superior Court of
New Jersey, Bergen County, docket number L-8256-06. The civil suit detailed numerous violations of N.J.S.A.
56:8 et seq. of the New Jersey Consumer Fraud Act, by utilizing "false pretenses through the use ofunconscionable commercial practices." The case was settled out of court.
On May 29th, 2010 Sundance Vacations entered into an "Agreement" with the New Jersey Division ofConsumer Affairs, Office of Consumer Protection and Nicholas Kant, Deputy Attorney General. (Copyattached) Sundance Vacations is in repeated violations of that signed "agreement."
I/we could go on ad infinitum but that would be redundant. Consequently, I strongly urge that you PERUSE allthis material, including the hyperlinks, and then draw your own conclusions.
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