Attorney General of New Mexico
PATRICIA A. MADRID
Attorney General
FRANK D. KATZ
Deputy Attorney General
CONSUMER ALERT FOR IMMEDIATE RELEASE April 20, 1999 Contact: Sam Thompson (505) 827-6792
AG: BEWARE OF UNSOLICITED VACATION OFFERS
Attorney General Madrid warns consumers to be wary of unsolicited offers pouring into New Mexico fax machines. “I want New Mexicans to know that it is unlawful to send unsolicited faxes,” Madrid said. “Fines of $500 per violation may be imposed and these fines may be trebled where a defendant has willfully or knowingly violated this law.” In addition, the law requires that any fax machine manufactured after 1993 clearly mark the date and time of the transmission, an identification of the business and the telephone number of the sending machine. The Attorney General’s office is looking into a variety of offers that have been sent to consumers. Unsolicited faxes are offering deeply discounted vacation packages to the Bahamas, Las Vegas, Cancun, Hawaii, and Florida. The prices range from $79.99 per person for a threeday, two-night stay on Grand Bahama island with a round trip cruise to $349.99 per person for an eight-day seven- night vacation. One consumer purchased a vacation package and was told that she had up to twelve months to take her vacation. Within several months after paying for the vacation package the phone number of the offerer was disconnected and she was unable to book her reservations. When these offers are examined, two common features emerge. First, there is no company name or address on the ad. The only identification on the ad is an 800 or 888 number and an individual’s name. Second, there is language implying that the recipient requested the fax. For -more-
PO Drawer 1508
Santa Fe, New Mexico 87504-1508
505/827-6000
505/827-5826 Fax
example most of the ads state “Our wholesale travel division has been asked to forward this new travel information to you and your employees . . .” or “We understand that you have given permission to receive promotions.” In most, if not all cases, the consumer did not request the fax. Most of the ads provide a phone number that purportedly allows consumers to remove their fax numbers from the list. Attempts to use this “service” have been frustrated. A recent review by the Attorney General’s Consumer Protection Division found only one out of 14 ads offering telephone numbers that actually permitted consumers to remove their fax number. While the Attorney General’s office cannot confirm whether or not these fax vacation offers are scams, there is every reason to be suspicious. “My office would prefer to alert consumers to questionable practices and potential scams as quickly as possible. If someone has purchased a vacation through an unsolicited fax offer, I encourage them to call my Consumer Protection Division,” Madrid said. “There is a possibility that these vacation packages may be a marketing gimmick for resort time shares, in which case the promotion is quite misleading. My office will continue to look into this matter. We also urge consumers who have more information about the possible illegal activities of vacation scams to contact us directly. The toll-free number of our Consumer Protection Divisions is 1-800-678-1508.”
PO Drawer 1508
Santa Fe, New Mexico 87504-1508
505/827-6000
505/827-5826 Fax