IN THE CIRCUIT COIIRT OF T}IE NINTH JUDICIAL CIRCUIT,IN AND FOR ORANGE COLTNry, FLORIDA

CIVIL ACTION

OFFICE OF TI{E ATTORNEY GENERAL,STATE OF FLORIDA,DEPARTMENT OF LEGAL AFFAIRS,

Plaintiff, CASE NO: 2015-CA-01 1411-O

MILLENNIUM TRAVEL AND PROMOTIONS,INC., a Florida corporation, d/b/a RESORTTRAVEL AND TOURS, LOVE 2 VACATION,EAST COAST FULFILLMENT CENTER, AMERICA'SINCENTIVE COMPANY, INCREASE SALES, andEXCEPTIONAL MARKETING GROUP; VACATIONTOURS USA, INC., a Florida corporation, dJblaThe NATIONALASSOCIATION OF TRAVEL CENTERS and NATIONALTOL]RISM DEVELOPMENT COUNCIL; TONY J. ARMAND,an individual; and HENRY J. ARMAND, an individual,

Consent Judgment

Plaintiff, Office of the Attomey General, State of Florida, Department ofLegal Affairs ("Attomey General"), filed a Complaint against, inter alia,

Defendants, Millennium Travel and Promotions, Inc., a Florida corporation

("Millennium"), Vacation Tours USA, tnc., a Florida corporation (.,Vacation

Tours"), and individuals, Tony J. Armand and Henry J. Armand, (hereinafter,

collectively referred to as "Defendants"),r seeking injunctive relief, restitution, civil

I The stipulations entered herein are for the purpose of resolvingand do not constitute factual admissions other than for the purposeJudgment.

this lawsuit onlyof enforcing this

Filing # 89114520 E-Filed 05/07/2019 02:25:52 PM

penalties, and other reliefagainst Defendants, pursuant to the Florida Deceptive and

Unfair Trade Practices Act ("FDUTPA"), Chapter 501, Part II, Florida Statutes, and

the Florida Sellers of Travel Act ("SOTA"), Chapter 559, Part XI, Florida Statutes.

The parties hereby agree and stipulate that this Court has jurisdiction over the

parties and the subject matter of this action pursuant to the provisions of the

FDUTPA and the SOTA, and that venue is proper in this Court because the actions

at issue took place in Orange County and more than one county in the State of

Florida.

Defendants having agreed and stipulated to the entry ofthis Consent Judgment

("Judgment"), and this Court having reviewed the file and necessary papers, the

Court makes the following findings:

T. FINDINGS OF FACT

l. The Attorney General is an agency of the State of Florida and an

enforcing authority under the FDUTPA. The Aftomey General initiated an

investigation into allegations that Defendants engaged in misleading travel

promotion activities in violation of the FDUTPA and the SOTA.

2. Defendant Millennium is a for-profit corporation organized under the

laws of Florida with its principal place of business in Volusia County, Florida.

3. Defendant Millennium is a Seller of Travel as dehned by Section

559.927(l I ), Florida Statutes, and is therefore regulated by the Florida Department

of Agriculture and Consumer Services ('DOACS"), and required to comply with the

SOTA.

4. Defendant Millennium represents that it will no longer operate and

conduct business except as required under Paragraph 29.

5. Defendant Vacation Tours is a for-profit corporation organized under

the laws of Florida with its principal place of business in Volusia County, Florida.

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6. Defendant Vacation Tours is an Independent Agent as defined in

Section 559.927(5), Florida Statutes, and is therefore regulated by the DOACS, and

required to comply with the SOTA.

7. Defendant Tony J. Armand is an individual residing in Volusia County,

Florida, and is the President and owner of Millennium. He is also the Vice President,

Secretary, and Director of Vacation Tours. Tony J. Armand participates in the

decision-making process relating to the acts and practices of Millennium and

Vacation Tours.

8. Defendant Henry J. Armand is an individual residing in Volusia

County, Florida, and is the Vice President of Millennium. He is also the president,

Treasurer, and Director of Vacation Tours. Henry J. Armand participates in the

decision-making process relating to the acts and practices of Millennium and

Vacation Tours.

9. Millennium and Vacation Tours, at all times material hereto, solicited

"consumers" as defined by Section 501.203(7), Florida Statutes.

10. Millennium and Vacation Tours, at all times material hereto,

participated in "trade or commerce" within the State of Florida and nationwide as

defined by Section 501.203(8), Florida Statutes.

1 1. Between at least December 2011 and February 2016, Millennium and

vacation Tours marketed, advertised,, sold, and promised to provide promotional

travel incentives, vacation packages, complimentary travel, or other valuable goods

or services to consumers.

12. Despite Millennium and vacation Tour's promises and representations,

they did not provide all ofthe promised and paid-for goods or services to consumers.

The Attorney General has received complaints from Florida consumers conceming

difficulty in redeeming travel products sold by Millennium and marketed

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Vacation Tours, including additional costs in using travel products that were

unknown to them at the time of purchase.

13. Consumers in the State of Florida and nationwide claim to have been

injured by the practices of Millennium and Vacation Tours.

14. The Attomey General asserts that Defendants committed violations ofthe FDUTPA.

15. Additionally, Defendants failed to submit requisite documents to the

DOACS and/or also failed to include required disclosures in business documents, in

violation of the SOTA, which misled the DOACS and the Attomey General.

16. Defendants'acts and practices as described in this section are violations

of the FDUTPA.

17. Defendants' acts and practices as described in this section are violations

of the SOTA.

II. DEFINITIONS

18. "Claims Administrator" is defined as an individual selected by

Defendants and identified to the Attomey General as being the individual

responsible for handling all consumer Complaints, and any consumer, Attorney

General, or other inquiry related to compliance with this Judgment.

19. "Commercial Telephone Solicitation(s)" is/are defined as "[a]n

unsolicited telephone call to a person . . . for the purpose of inducing the person to

purchase or invest in consumer goods or services; . . . [o.] [o]ther communication

with a person where: [a] gift, award, or prize is offered. . . ." $ 501.603(1), Fla. Stat.

(2018).

20. "Complaint(s)" shall mean collectively the Existing Complaints and

the Future Complaints.

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Initials:

21. "Effective Date" of this Judgment is the date the Judgment is entered

by the Court.

22. "Existing Complaint(s)" shall mean:

a. All unresolved written or oral Complaints, requests for refunds,requests for cancellation, requests for product redemption or use, andany other written or oral communication evidencing a consumerComplaint relating to the Defendants or the Defendants' productswithin the period of December 15, 2011 through the Effective Date ofthe Judgment; and

b. All unresolved consumer Complaints relating to the Defendantsreceived by the Attorney General, the BBB or the DOACS within theperiod of December 15, 2011 through the Effective Date of theJudgment, provided that the Defendants received notice of suchComplaint on or before the Effective Date of the Judgment.

23. "Future Complaint(s)" shall mean:

a. All consumer Complaints relating to the Defendants received by theAttomey General, the BBB or the DOACS within the period ofDecember 15, 2011 through the date of the Effective Date of theJudgment, provided that the Defendants did not receive notice of suchComplaint on or before the Effective Date of the Judgment;

b. All written or oral consumer Complaints, requests for refunds, requestsfor cancellation, requests for product redemption or use, and any otherwritten or oral communication evidencing a Complaint relating to theDefendants received by the Defendants after the Effective Date of theJudgment; and,

c. All consumer Complaints relating to the Defendants received by theAttorney General, the BBB or the DOACS after the Effective Date ofthe Judgment, provided that the Defendants receive notice of suchComplaint.

24. "Offer(ing) for Sale" shall mean direct or indirect representation, claim

or statement or making an offer or undertaking, by any means or method, to arrange

for, provide, or acquire travel reservations or accommodations, tickets

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or foreign travel by air, rail, ship, or other medium of tansportation, or hotel and

motel accommodations or sightseeing tours by a seller of travel who maintains a

business location in Florida or who offers to sell to persons in Florida. g 559.927(6),

Fla. Stat. (2018).

25. "Promotional Material" is defined as written communications in the

form of direct mail campaigns, emails, postcards, letters, fliers, or other mail pieces,

generally referred to as "mailers" in the Complaint.

26. "Scheduling Call" is defined as a telephone call, typically inbound in

nature, wherein the scheduler attempts to qualiff consumers to attend a travel club

or timeshare sales presentation.

27. "Third-Party Distributor" is defined as an organization or entity which

conducts travel club or timeshare sales presentations.

28. "Vacation Certificate(s)" is defined as "any arrangement, plan,

program, vacation package, or advance travel purchase that promotes, discusses, or

discloses a destination or itinerary or type oftravel, whereby a purchaser is entitled

to the use of travel, accommodations, or facilities for any number of days, whether

certain or uncertain, during the period in which the certificate can be exercised, and

no specific date or dates for its use are designated ." 5 559.927(14), Fla. Stat. (201 8).

Itr. INJUNCTryE TERMS

A. Prohibitions

29. Defendants are permanently restrained and enjoined from selling or

Offering for Sale any Vacation Certificates to Florida Consumers or Purchasers as

defined in Section 501.203(7) and Section 559.927(8), Florida Statutes. Defendants

shall no longer operate and conduct business as it relates to Florida Consumers or

Purchasers, except to perform services related to Vacation Certificate redemption

and Complaint handling as required pursuant to this Judgment.

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30. Defendants, as well as their current representatives, agents, employees,

successors, assigns, independent contractors, or any other person or entity who acts

under, by, through, or on their behalf, directly or indirectly, will be in in violation of

this Judgment if he, it, or they engage in the following:

a. Control, participate in, or receive any benefit, either directlyor through an intermediary, from the acts and practices of any business,organization or entity engaged in any violation of the SOTA;

e.

"Knowingly. make any false statement, representation, orcertification in any application, document,, or record required to besubmitted or retained under this part or in any response to an inquiry orinvestigation conducted by the department or any other govemmentalagency." $ 559.9335(3), Fla. Stat. (2018);

"Knowingly. . . sell or market any vacation certificates that exceed thenumber disclosed to the department pursuant to this section.,' $559.9335(4), Fla. Stat. (2018);

"[S]ell any vacation certificates in excess of the number of availableaccommodations." $ 559.9335(19), Fla. Stat. (2018);

"Knowingly . . . sell or market vacation certificates with an expirationdate of more than l8 months from the date of issuance." $ 559.9335(5),Fla. Stat. (2018);

"[M]isrepresent the purchaser's right to cancel and to receive anappropriate refund or reimbursement as provided by this part.,' $559.9335(7), Fla. Stat. (2018);

"[M]isrepresent or deceptively represent [any of the followingregarding Vacation Certificate redemption] :

(a) The amount of time or period of time accommodations orfacilities will be available.(b) The location of accommodations or facilities offered.(c) The price, size, nature, extent, qualities, or characteristics ofaccommodations or facilities offered.

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(d) The nature or extent of other goods, services, or amenitiesoffered.(e) A purchaser's rights, privileges, or benefits.(f) The conditions under which the purchaser may obtain areservation for the use of offered accommodations or facilities.(g) That the recipient of an advertisement or promotionalmaterials is a winner, or has been selected, or is otherwise beinginvolved in a select group for receipt, of a gift, award, or prize,unless this fact is the truth." g 559.9335(9), Fla. Stat. (2018);

"[O]ffer vacation cerlificates for any accommodation or facility forwhich there is no contract with the owner of the accommodation orfacility securing the purchaser's right to occupancy and use, unless theseller is the owner." $ 559.9335(14), Fla. Stat. (2018);

"[U]se a local mailing address, registration facility, drop box, oranswering service in the promotion, advertising, solicitation, or sale ofVacation Certificates, unless the seller's hxed business address isclearly disclosed during any telephone solicitation and is prominentlyand conspicuously disclosed on all solicitation materials and on thecontract." $ 559.9335(15), Fla. Stat. (2018);

"[Use] any registered trademark, trade name, or trade logo in anypromotional, advertising, or solicitation materials without writtenauthorization from the holder ofsuch trademark, trade name, or trade1ogo." $ 559.9335(16), Fla. Stat. (2018);

"[R]epresent, directly or by implication, any affiliation with, orendorsement by, any govemmental, charitable, educational, medical,religious, fratemal, or civic organization or body, or any individual, inthe promotion, advertisement, solicitation, or sale of vacationcertihcates without express written authorization." $ 559.9335(17), Fla.Stat. (2018);

Use terms such as "free," "awarded," "prize, " "absolutely withoutcharge," and "free of charge," or similar words or groups of words,which might reasonably lead a person to believe that he or she mayreceive, or has been selected to receive, something of value withoutmaking full or partial compensation, without including thil,

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accompanying disclosure language described in Paragraph 32 of thisJudgment, unless such representation is true. $ 559.9295(2)(a), Fla.Stat. (2018);

Assign a registration number issued by the DOACS, or conductbusiness under more than one business name or business location,except as registered. Ifa name or location change is desired at a timeother than upon renewal ofregistration, the registered entity shall notii,the DOACS, as well as the Attomey General, before enacting suchchange;

"Knowingly make a material false statement in response to any requestor investigation by the department [the DOACS], the Department ofLegal Affairs [Anomey General], or the state attomey.,, $559.9335(2s), Fla. Stat. (2018); and,

"[E]ngage in any other act that constitutes fraud, misrepresentation, orfailure to disclose a material fact . . . ." g 559.9335(23), Fla. Stat.(2018).

o.

B. Submission Requirements

31. The Court hereby requires Defendants - to the extent that they willcontinue to offer vacation certificates - to comply with the following submission

requirements, including, but not limited to, annual submission of the following to

the DOACS:

a. Seller of Travel Registration, for all business or trade names underwhich it conducts its seller of travel business, including any fictitiousnames used that would fall within the requirements of Florida,s SellerofTravel Act. g 559.928(1), Fla. Stat. (2018);

b. Independent Agent Application. g 559.928(3), Fla. Stat. (2018);

c. "Each contract, advertisement, certificate, or travel document ofa sellerof travel [including] the phrase "(NAME OF FIRM) is registered withthe State of Florida as a Seller of Travel. Registration No.,,. $

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559.928(5), Fla. Stat. (2017); This includes all Promotional Materialsoffered for sale by Defendants. S 559.9295(2)(a), Fla. Stat. (2018);

"A copy of the contract by which theprivileges resulting from purchaseestablished." {| 559.9295(1), Fla. Stat.

rights, obligations, benefits, andof a vacation certificate are

(2018);

"A transcript of any standard verbal sales presentation utilized inconnection with the advertising, promotion, or sale of vacationcertificates." $ 559.9295(4), Fla. Stat. (2018). This includes scriptsusedduring all Commercial Telephone Solicirations and Scheduling Calls;

"A copy of all rules, regulations, conditions, or limitations upon the useof, or obtaining reservations for the use of, accommodations or facilitiesavailable pursuant to the vacation certificate." $ 559.9295(5), Fla. Stat.(2018);

"A copy of a written authorization for the use of any registeredtrademark, trade name, or trade logo used in promotional brochures,pamphlets, form letters, registration forms, or other written materialsdisseminated in connection with the advertising, promotion, or sale ofvacation certificates from the holder of each trademark, trade name, ortrade logo so used." $559.9295(6), Fla. Stat. (2018);

"A complete copy of the original of each testimonial letter fromprevious vacation certificate purchasers utilized in advertisementsdisseminated in connection with advenising, promotion, or sale ofvacation certificates." S 559.9295(7), Fla. Stat. (2018);

"Where other goods, services, or amenities are provided to thepurchaser in addition to the right to use accommodations or facilities, adescription of such goods, services, or amenities, including anycharges, limitations, or conditions, and a statement of the names andaddresses of business entities which are to provide or honor them.,, $559.9295(9), Fla. Stat. (2018);

"A statement of the number ofvacation certificates to be issued and thedate oftheir expiration." g 559.9295(10), Fla. Stat. (2018);

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k. "A copy ofthe vacation certificate and its component parts, including,but not limited to, any registration card, form letter, reservation form,confirmation form, and lodging directory.', I 559.9295(11), Fla. Stat.(2018);

l. "A copy of any agreement between the seller and business entitiesproviding accommodations or facilities to purchasers.,' $ 559.9295(12),Fla. Stat. (2018);

m. "A listing of the full name, address, and telephone number of eachperson through which the distribution and sale of vacation certificatesis to be carried out, including the number of vacation certificatesallocated or sold to each such person and the name and address of aFlorida registered agent for service of process.,, $ 559.9295(14), Fla.Stat. (2018); and,

n. "A financial statement prepared by an independent certified publicaccountant in accordance with generally accepted accountingprinciples, or the most recently filed federal income tax retum. Suchstatement or retum shall be submitted annually at the crose of eachfiscal year." $ 559.9295(15), Fla. Stat. (2018).

C. Disclosure Requirements

32- The court hereby requires Defendants to comply with the followingdisclosure requirements:

a. Promotional Material(s). All promotional Materials offered directlyor indirectly by Defendants shall clearly and conspicuously disclose thefollowing in l2-point font type:

i. ''. .. (NAMEOF FIRM). .. isregisteredwiththe State ofFloridaas a seller of travel, Registration No. . . . THIS IS NOT A FREEOFFER. SEE TERMS AND CONDITIONS VIAwww.(oFFER WEBSTTE).COM. RESPONSE TO THISOFFER DOES NOT GUARANTEE TRAVEL." The offerwebsite referred to in the disclosure must include, and clearlyindicate, the terms and conditions for such vacation certificateoffer. $ 559.9295(2)(a), Fla. Stat. (2018);

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ii. "[T]he number of individuals who actually traveled pursuant tothe vacation certificate, as opposed to the number of individualswho submitted or otherwise activated the vacation certificate, inthe l2 months preceding issuance of the promotional material.,,$ 559.929s(2)(b), Fla. Stat. (2018); and,

iii. A statement indicating "This is an offer to sell travel"$ s59.933s(11), Fla. Stat. (2018).

b. Scheduling Calls. Scheduling Calls made by or on behalf ofDefendants shall comply with the following:

i. Disclose the name of the entity making the CommercialTelephone Solicitation(s) and./or Scheduling Call(s), includingits registration number;

ll. Disclose the name and registration number of the seller of travelon whose behalf the Commercial Telephone Solicitation(s) orScheduling Call(s) is/are being made;

Disclose that travel accommodations are not free, unless it is atrue statement;

Disclose any related costs and fees related to redemption ofanytravel-related goods or services offered by or on behalf ofDefendants, and disclose the website which clearly andconspicuously discloses all costs and fees related to redemptionof any travel-related goods or services offered by or on behalf ofDefendants;

Disclose date restrictions, black-out dates, expiration dates, andany other time-sensitive limitations related to redemption of anytravel-related goods or services offered by or on behalf ofDefendants, and disclose the website which clearly andconspicuously discloses all date restrictions, black_out dates,expiration dates, and any other time-sensitive limitations related

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to redemption of any havel-related goods or servicesor on behalf of Defendants;

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Disclose all terms and conditions related to redemption of anytravel-related goods or services offered by or on behalf ofDefendants, and disclose the website which clearly andconspicuously discloses all terms and conditions related toredemption of any travel-related goods or services offered by oron behalf of Defendants;

Defendants shall digitally record and monitor each SchedulingCall, and maintain such recordings for a period of at least OneHundred Eighty (180) days. Within Thirry (30) days of theAttorney General's request, Defendants shall provide allrequested recordings; and,

Within Twenty-Four (24) hours of the Scheduling Call,Defendants shall provide the consumer with an email or otherwritten confirmation which includes a clear and conspicuousdisclosure, set forth separate and apart from any marketingmaterial, of all requirements set forth in this section. If an emailconfirmation is sent to a consumer, the subject line of the emailshall clearly state "scheduling confi rmation."

Third-Party Sales Presentations. All third-party sales presentations,vacation club membership presentations, or timeshare presentationsmade by Third-Party Distributors or on behalf of Defendants shalldisclose the following:

Identification of the name of the entity conducting the salespresentation, including any applicable regishation number;

Identification of the name and registration number of the sellerof travel on whose behalf the sales presentation is beingconducted;

That travel accommodations related to redemption of any travel-related goods or services offered by or on behalf of Defendantsare not free, unless it is a true statement;

c.

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lv. All related costs and potential fees related to redemption of anytravel-related goods or services offered by or on behalf ofDefendants, or disclose the website which clearly andconspicuously discloses all costs and fees related to redemptionof any travel-related goods or services offered by or on behalf ofDefendants;

All date restrictions, black-out dates, expiration dates, and anyother time-sensitive limitations related to redemption of anytravel-related goods or services offered by or on behalf ofDefendants, or disclose the website which clearly andconspicuously discloses all date restrictions, black-out dates,expiration dates, and any other time-sensitive limitations relatedto redemption of any travel-related goods or services offered byor on behalfofDefendants; and,

All terms and conditions related to redemption of any travel-related goods or services offered by or on behalf of Defendants,and disclose the website which clearly and conspicuouslydiscloses all terms and conditions related to redemption of anytravel-related goods or services offered by or on behalf ofDefendants or disclose the website that consumers can visit forsuch details.

Vacation Certificate(s). All Vacation Certificates offered by or onbehalf of Defendants shall clearly and conspicuously disclose thefollowing in Times New Roman l2-point font type, unless otherwisespecified:

"The expiration date of the vacation certificates and the termsand conditions of its extension or renewal, if available."$ ss9.932(1Xb), Fla. Stat. (2018);

"The name and business address of any seller oftravel who maysolicit vacation certificates purchasers for further purchases, anda full and complete statement as to the nature and method of thatsolicitation." $ 559.932(1)(c), Fla. Stat. (2018);

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Ill. "The total financial obligation of the purchaser which shallinclude the initial purchase price and any additional charges towhich the purchaser may be subject including, but not limited to,any per diem, seasonal, reservation, or recreational charge.,,$ 559.932(lXd), Fla. Stat. (2018);

"The name and street address of any person who has the right toalter, amend, or add to the charges to which the purchaser maybe subject, and the terms and conditions under which suchcharges may be imposed." g 559.932(l)(e), Fla. Stat. (2018);

"By means of a section entitled'terms and conditions',:l. All eligibility requirements for use of the vacationcertificates, including, but not limited to, age, sex,marital stafus, goup association, residency, orgeographic limitations.2. All eligibility requirements for use of any discountor complimentary coupon or ticket.3. A statement as to whether transportation and mealsare provided pursuant to use ofthe certificate.4. Any room deposit requirement, including allconditions for its return or refund.5. The manner in which reservation requests are to bemade and the method by which they are to beconfirmed.6. Any identification, credential, or other means bywhich a purchaser must establish her or his entitlementto the rights, benefits, or privileges of the vacationcertificate.7. Any restriction or limitation upon transfer of thevacation certificates or any right, benefit, or privilegethereunder.8. Any other term, limitation, condition, or requirementmaterial to use of the vacation certificates or any right,benefit, or privilege thereunder.,, g 559.932(1)(g), Fla.Stat. (2018).

The following statement adjacentpoint font type:

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..YOU MAY CANCEL THIS CONTRACT W]THOUTA}.IY PENALTY OR OBLIGATION MTHIN 30 DAYSFROM THE DATE OF PURCTIASE OR RECEIPT OFT}IE VACATION CERTIFICATE, WHICHEVEROCCURS LATER.

YOU MAY ALSO CANCEL THIS CONTRACT IFACCOMMODATIONS OR FACILITIES ARE NOTAVAILABLE PURSUANT TO A REQUEST FOR USEAS PROVIDED IN THE CONTRACT.

TO CANCEL THIS AGREEMENT, A SIGNED ANDDATED COPY OF A STATEMENT THAT YOU ARECANCELING TI{E AGREEMENT SHOULD BEMAILED AND POSTMARKED, OR DELIVERED TO(NAME) AT (ADDRESS)NO LATER TIrANMIDMGHT oF (DATE)." gsse.932(8)(h), Fla. Stat.(2018).

In immediate proximity to the statement required in subparagraph (vi) above, the following statement, in l2-point fontt)?e:

..NO PURCHASERREPRESENTATIONSINCLUDED IN THISFla. Stat. (2018).

SHOULD RELY UPONOTT{ER THAN THOSE

c0NTRACT." g5se.e32(8Xi),

vllt. In immediate proximity to the statements required in subparagraphs (vi) and (vii) above, the following statement:

"This contract is for the purchase of a vacation certificateand puts all assignees on notice of the consumer,s right tocancel under section 559.933, Florida Statutes.', $5s9.932(8xi), Fla. Stat. (2018).

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D. Vacation Certificate Redemotion

JJ. The Court hereby requires Defendants to comply with the following,

which is related to previously sold or provided Vacation Certificates:

b.

c.

Defendants shall ensure that consumers are provided a mechanism totimely register Vacation Certificates via the intemet or U.S Mail; andensure that any consumer who timely registers a Vacation Certificate isprovided a deposit invoice and instructions for selecting eligible datesand itineraries within Thirty (30) days of the registration of theVacation Certificate;

Defendants shall ensure that adequate staffing is available to promptlyrespond to consumers within Forty-Eight (a8) hours (excludingholidays and weekends) of a consumer inquiry or other communication;

Defendants shall ensure that a sufficient supply oftravel itineraries (i.e.,eligible dates and destinations) is available for each VacationCertificate offered, such that each of its consumers can select eligibledates and destinations in accordance with the terms and conditions ofthe applicable Vacation Certificate, with a reasonable probability thatone of their eligible selected destinations and dates within theapplicable booking window will be available. In this context,"reasonable probability" means that when measured on an annual basis,at least Seventy-Five percent (7 5%o) of Defendants' Vacation Certificateconsumers shall be offered the opportunity to travel to at least one ofthe eligible destinations available pursuant to the respective VacationCertificate during at least one of the selected eligible dates providedthat the consumers follow all terms of participation, includingproviding Defendants with Ninety (90) days' advance notice of traveldate and destination requests, and providing at least three differentpreferred dates oftravel that are not less than Forty-Five (45) days apartat that time. If the Seventy-Five percent (75%) threshold referencedabove is not met for a particular consumer, the Vacation Certificateshall be renewed for an additional year at no additional cost to theconsumer;

d. Defendants shall clearly itemize to its consumers at the time of bookingthe actual amount of any and all required govemment taxes, servi

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charges, security fees, and port charges (and any other "non-commissionable fees/fares") for which the consumer is responsiblepursuant to the terms of the Vacation Certificate; and Defendants willalso specifically advise its consumers orally and in writing that suchtaxes, fees, and charges (and any other "non-commissionablefees/fares") may be disclosed and characterized differently by the actualtravel suppliers (e.g., cruise lines, airlines, hotels, and resorts) on theirretail travel websites;

Defendants shall issue refunds within Forty-Five (45) days of requestto any consumer who timely registers the Vacation Cenificate, pays theappropriate deposit, and thereafter properly requests a refund of suchdeposit in accordance with the terms of the Vacation Certificate and theSOTA; and,

Defendants are prohibited from deducting any fees or other amountsfrom consumer deposit refunds.

E. Responsibilitv Reeardins Third-ParB Distributor(s )

34. Within Twenty (20) days of the Effective Date of this Judgment,

Defendants shall provide all Third-Party Distributors with a copy of this Judgment.

35. Defendants shall require their Third-Party Distributors comply with the

provisions of this Judgment, including all applicable submission and disclosures

required by this Judgment.

36. If Defendants leam that any of its Third-party Distributors are

conducting any activities, that violate the terms of this Judgment directly or through

another person or entity, Defendants shall notifo the Third-Party Distributor of the

violation and provide the Third-Party Distributor an opportunity to cure the

violation. If any such violation in not corrected or cured within Ten (10) days,

Defendants shall notiff the Attomey General of the nature of the Third-parry

Distributor's violation.

610053358.44831-6343-2034 I4850.9410-1635 I

l8

37. If Defendants leam that any of its Third-Party Distributors are

conducting any activities that violate the terms of this Judgment as a pattem or

practice directly or through another person or entity, Defendants shall take

appropriate action against such Third-Party Distributors, including, but not limited

to, imposing appropriate monitoring mechanisms to ensure compliance with this

Judgment, training or re-educating the Third-Party Distributor regarding the terms

of this Judgment, placing the Third-Party Distributor on probation, or terminating

the business relationship with the Third-Party Distributor.

F. Complaint Handline

38. Within Thirty (30) days of the Effective Date of this Judgment,

Defendants shall identi! a claims Administrator to the Attomey General, who shall

comply with the following:

a. Within Forty-Five (45) days of receipt, handle and process all validrefund requests received by Defendants directly from consumers, orfrom the Attomey General;

Manage a dedicated telephone number and email address responsiblefor handling consumer Complaints and inquiries;

Establish a uniform point of contact for all consumer Complaints andclearly disclose the point of contact to each consumer complainant;

Respond to all Complaints in writing within Forty-Five (45) days, anduse commercially reasonable efforts to resolve such FutureComplaint(s);

Within Forty-Five (45) days of the Effective Date of this Judgment, usecommercially reasonable efforts to resolve all Complaints, including,but not limited to, complying with the following requirements:

i. To the extent any Existing Complaint requested a refund fromDefendants, and Defendants have not provided a refund to the

6100511584483t-6343-2034 I4E50,9410-1635 I

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consumer within Sixty (60) days of the Effective Date of thisJudgment, Defendants shall provide the Attomey General alist of such unresolved Existing Complaints pursuant to thisJudgment. Defendants shall provide such list within Seventy-Five (75) days of the Effective Date of this Judgment, afterwhich, the Attomey General shall have the right to review alldocuments and data related to said unresolved ExistingComplaints;

Defendants shall review each Future Complaint to determinewhether there is a valid basis to remit a refund;

Defendants shall, upon request, provide notice to the AttorneyGeneral of any refund issued pursuant to the requirements ofthis Judgment;

With respect to any Existing Complaint of a consumer whotimely registered a Vacation Certificate, paid Defendants a

deposit in accordance with the terms of the respectiveVacation Certificate, and complied with all terms andconditions related to redemption of the Vacation Certificate,but who, as of the Effective Date of this Judgment byDefendants, have not yet been confirmed for travel or issueda reservation deposit refund, Defendants shall resolve suchExisting Complaint(s) by sending written notice via CertifiedUS Mail, Retum Receipt Requested within Forty-Five (45)days after Effective Date of this Judgment to each suchcomplainant (at their last known address) and offer the option,exercisable within Thirty (30) days of notification, to:

a. Accept travel on an eligible selected date; or

b. Receive a full refund of the deposit paid; or

c. Receive a substantially similar replacementVacation Certificate having a redemption periodof not less than Twelve (12) months.

With respect to any unresolved Existing Complaint of a

consumer who timely registered, attempted or claimed to

6r0051358 4

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have registered a Vacation Certificate but did not payDefendants a reservation deposit in accordance with the rermsof the subject Vacation Certificate, Defendants shall, withinThirty (30) days after the Effective Date of this Judgment,mail such consumer a substantially similar replacementVacation Certificate having a redemption period of not lessthan Twelve (12) months, whereupon the related ExistingComplaint shall be deemed resolved.

vi. The Parties agree that Defendants shall not be responsible forany payments and/or refunds in excess ofthe amount actuallypaid to Defendants by a complaining consumer.

IV. MONETARY TERMS

A. Consumer Restitution

39. Based on the total number of complaints received by the Attomey

General, the consumer Restitution totals sixty-one Thousand Four Hundred

Ninety-Eight Dollars and seventy cents ($61,498.70) ("Total Restitution Amount,').

40. The Defendants represent that since they became aware of the Attomey

General's investigation, and in accordance with Defendants' standard refund

policies, they have refunded Fifty-Nine Thousand Eight Hundred Sixty-Two Dollars

and rhirty-Thee cents ($59,862.33) ("Amount Refunded") to consumers who have

paid for Defendants' services. Defendants shall provide proof of refunds made

within Thirry (30) days of the Effective Date of this Judgment.

41. After deducting the Amount Refunded from the Total Restitution

Amount, consumer Restitution totals one Thousand, Six Hundred rhirty-SixDollars and rhirty-Seven cents ($1,636.37) ("consumer Restitution"). consumer

Restitution shall be paid to the Attomey General, within Forty-Five (45) days of the

Effective Date of this Judgment, via wire transfer, cashier's check, or other certified

funds payable to the Deparrrnent of Legal Affairs Escrow Fund, and shall be

delivered to Donna Cecilia Valin, Office of the Attomey General,21

610053358 4181r -6341-2014 r

1850-9410-t635 I

Protection Division, 135 W. Central Blvd., Ste. 1000, Orlando, FL 32801. The

Attomey General shall allocate and distribute the Consumer Restitution as the

Attorney General determines is reasonable in its sole business judgment. However,

no individual consumer will receive more than the amount he or she is actually owed.

Accordingly, Judgment is hereby entered against Defendants, jointly and severally,

for Consumer Restitution in the amount of One Thousand, Six Hundred Thirfy-Six

Dollars and Thirty-Seven Cents ($1,636.37).

42. If any restitution monies remain after Consumer Restitution is

distributed, the Attomey General will deposit the remaining monies into the

Department of Legal Affairs Revolving Trust Fund and it shall be used to defray the

costs of restitution distribution and any aftomey's fees and costs incurred in

enforcing this Judgment, or as fees and costs associated with ongoing and future

enforcement initiatives pursuant to FDUTPA.

43. This Order is the result of a govemment agency action on behalf of

injured consumers and may serve as the basis to recover any surety bond, letter of

credit, certificate of deposit, or other form of security filed with DOACS. In addition

to the obligations set forth in Section IV, Plaintiffs and the Settling Defendants agree

that restitution may be paid from any such surety bond, letter of credit, certificate of

deposit, or other form of security filed with the DOACS.

44. In the event that Defendants fail to comply with any other terms and

conditions of this Judgment, such action is by statute prima facie evidence of a

violation of Chapter 501, Part II, Florida Statutes, and the noncompliant Defendants

shall be subject to civil penalties and sanctions authorized by law, and shall pay

reasonable attomey's fees and costs to the Attomey General that arise from the future

violation, and any other available relief authorized by law.

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B. Attorney's Fees and Penalties

45. The parties agree that the Attomey General is entitled to payment of its

attomey's fees and costs in the amount of Twenty-Five Thousand Dollars

($25,000.00). Defendants shall make the following payments:

i. Five Thousand Dollars ($5,000) within Forty-Five (45) days of theEffective Date of this Judgment;

Five Thousand Dollars ($5,000) within Ninety (90) days of theEffective Date of this Judgment;

Five Thousand Dollars ($5,000) within One Hundred Thirty-Five(135) days of the Effective Date of this Judgment;

Five Thousand Dollars ($5,000) within One Hundred Eighty (180)days of the Effective Date of this Judgment; and,

Five Thousand Dollars ($5,000) within Two Hundred Twenty-Five(225) days of the Effective Date of this Judgment.

46. These payments shall be made via wire transfer, cashier's check or

other certified funds payable to Department of Legal Affairs Revolving Trust Fund

and shall be delivered to Donna Cecilia Valin, Assistant Bureau Chief, Orlando,

Office of the Attorney General, Consumer Protection Division, 135 West Central

Boulevard, Suite 1000, Orlando, Florida 32801, or as otherwise directed by the

Attomey General. Accordingly, Judgment is hereby entered against Defendants,

jointly and severally, for attomey's fees and costs in the amount of Twenty-Five

Thousand Dollars ($25,000).

47. The Attorney General has not sought the imposition of civil penalties

and therefore none are imposed at this time, provided however, that the Attomey

General reserves the right to seek penalties for any violation of this Judgment and

for future violations of the FDUTPA. The Parties agree that the Attomey General,"-,;; ,e

6roosrrs8 4 lnitials: 'f'

481l-6341-2014.14850-94 t0- t615.l

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may not seek civil penalties for alleged prior violations under FDUPTA that have

been addressed herein or in the Complaint filed by the Attomey General. The

Attomey General also reserves the right to seek attomey's fees and costs upon any

future noncompliance. The Defendants reserve all defenses to any future actions by

the Attomey General.

C. Additional Monetary Terms

48. Defendants agree that this Judgment and its terms are not subject to

discharge under the Bankruptcy Code pursuant to I I U.S.C. Sections 523(a)(2)(A)

and (19)(B). Defendants further agree not to object or otherwise dispute any claim

for non-dischargeability of the terms of this Judgment in any voluntary or

involuntary bankruptcy proceedings. In any bankruptcy proceeding relating to the

non-dischargability of this Judgment, the Defendants stipulate that the allegations

and statements of fact in this Judgment are true and correct without further proof.

Further, the Defendants agree that the facts alleged in the Findings ofFact ofthis

Judgment establish all elements necessary to hnd the sections titled Injunctive

Terms, and Monetary Terms, including subsections titled Consumer Restitution, and

Attomey's Fees and Penalties are not subject to discharge pursuant to Sections

523(a)(2)(A) and (19)(B) of the Bankruptcy Code.

V. COMPLIANCEMONITORING

49. Unless otherwise provided herein, from the date of Effective Date of

this Judgment, any records in Defendants' possession or control related to any period

of time on or after January l,20ll, must be retained for a minimum of three years

from the Effective Date of this Judgment. Defendants shall maintain and make

available to the Attomey General's representative, upon any reasonable written

request, all

documents.

610053158.448t l-6141-2034 I4850-9410- t615 I

relevant books, records and other documents, except privileged

or made available for inspection within Thirty (30) business days of Defendants'

receipt of the request. Defendants shall honor any reasonable request from the

Attorney General and make such records available without legal process.

50. For a period of two years from the Effective Date of this Judgment,

each Defendant shall notif, the Attomey General of the following within Thirty (30)

days ofthe date ofthe occurrence of:

a. Any change in such Defendants' principal places ofbusiness, businessmailing addresses, fictitious names or aliases, and telephone numbersused by each Defendant, where applicable; and,

b. Any changes in Defendants' employment status, including self-employment, and any change in Defendants' ownership in any businessentity. Such notice shall include the name and address ofeach businessthat Defendant is affiliated with, employed by, forms, or performsservices for; a detailed description of the nature of the business; and adetailed description of such Defendants' duties and responsibilities inconnection with the business or employment.

51. For two years after the Effective Date of this Judgment, Defendants

shall notifu the Attomey General of the filing of a bankruptcy petition by such

Defendant, or an involuntary bankruptcy petition filed against such Defendant,

within Thirty (30) days of filing.

52. For two years after the Effective Date of this Judgment, Defendants

shall provide the Aftomey General a written report, supported by an affidavit

("Compliance Report"), setting forth in reasonable detail, the manner and form in

which Defendants have materially complied and are materially complying with

Section III of this Judgment. The Compliance Report must also contain the

following information:

a. The current residential addresses,, principal places of business, mailingaddresses, fictitious names, and telephone numbers used by eachDefendant, where applicable; and

25

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1850.94 r0-r615 l

b. A description of the business activities of the Defendants, andidentification ofthe persons in control of the business, with respectivetitles and responsibilities.

53. For purposes of compliance reporting required by this section, the

Attomey General is authorized to communicate directly with the Defendants

provided that the Attorney General shall simultaneously copy counsel for

Defendants on such communications. However, Defendants retain the right to direct

that any communication be made solely through counsel and, in either event,

Defendants shall provide the name and address of such counsel to the Attomey

General.

54. Defendants may deliver all information required under Section V to the

Attorney General via email at oae.ec.orl@myfloridaleeal.com.

VI. FUTURE VIOLATIONS

55. Any failure to comply with the terms and conditions of this Judgment

is by statute prima facie evidence of a violation of Chapter 501, Part II, Florida

Statutes, and will subject Defendants to any and all civil penalties and sanctions

authorized by law, including attomeys' fees and costs. $ 501.207(6), Fla. Stat.

(2018).

VII. MISCELLANEOUSPROVISIONS

56. Defendants shall not, as a method of avoiding the terms and conditions

set forth in this Judgment, affect any change in the form of doing business or the

organizational identity of any of the existing business entities or create any new

business entities.

57. This Judgment is continuing in nature and shall be binding on any and

all successors or assignees of Defendants.

610053158 448llil4l-2034 I

4850-9410-r615 l

58. This Judgment is not a waiver of any private rights of any person or

release of any private rights, causes of action, or remedies of any person against

Defendants or any other person or entity. Notwithstanding any other provision of

this Judgment, nothing herein shall be construed to impair, compromise or affect any

right of any govemment agency other than the Consumer Protection Division of the

Office of the Attorney General for the State of Florida relating to the operative facts

at issue in this action.

59. Nothing herein shall affect Defendants' (a) testimonial obligations, or

(b) right to take legal or factual positions (including exercising rights under the Fifth

Amendment) in defense of litigation or other legal proceedings to which the

Attomey General is not a parry.

60. This Court retains jurisdiction of this case to enforce the terms of this

Judgment and enter any further Orders as may be necessary to ensure compliance

with this Judgment, including by contempt proceedings, civil and/or criminal.

61 . The parties jointly participated in the negotiation of the terms

articulated in this Judgment.

62. Acceptance and execution of this Judgment by the Attorney General

shall be established by the signature of the Deputy Attorney General.

63. This document is signed in anticipation of this Judgment being

submitted to the Court for approval, without necessity of hearing, which is hereby

WAIVED by all parties. The signatures below indicate the parties'consent and

agreement to this Judgment.

6I0051358 4

48lt,6l4l-2014 r

4850-94 r0-16t5 I

27

By:

MILLENNIUM TRAVEL AND PROMOTIONS, INC.

Agreed to and signed this aay of tVl0(CF\ , 2ot9,by the below-

stated person, who states and affirms as follows:

BY MY SIGNATURE, I affirm that I am acting in my capacity and within

my authority as PRESIDENT of MILLENNIUM TRAVEL AND PROMOTIONS,

INC., and that, by ysi , I am bhding MILLENNITM TRAVEL AND

PROMOTIONS, and conditions of this Consent Judgment.

President Millennium Travel and Promotions, Inc.

STATE OF FLORIDAcolrNry oF \O\Fy. \

BEFORE ME, an officer duly authorized to take acknowledgments in the

State of Florida, Tony J. Armand, personally appeared as President of Millennium

Travel and Promotions, Inc. He acknowledged before me that he executed the

foregoing instrument for the purposes therein stated on the I day of

Subscribed to before me oayor tvlo<Oh ,zotl.

\Jb(Cf) , zors.

NOTARYPUBLIC

(print, type, or stamp commissioned Notary Public)

Personally rcro*, * or Produced Identification (check one)

Tlpe of Identification Produced:

28

610053358.448tl-6143-2014.14850-94t0-r615 r

rnitials: $€

Tony

i .+ :i i'r Ak...xu,1 ) CARVAJAL,:': lrt r': MY .',vMvir.ir)H I GGGT&a0

i'rr.Sfr:' -..; .{''-,.r,,.'27.202r

and

By:

TOI\-YJ. ARMAIID

Agreed to and signed this \ aav or \0(Ch ,2ote,by the below-

stated person, who states and affirms as follows:

BY MY SI gffrm that my sigrrature below binds me personally

ons of this Consent Judgment.

as an Individual

STATE OF FLORIDAcorrNrYon \c[EI)

BEFORE ME, an officer duly authorized to take acknowledgment in the State

of Florida, Tony J. Armand, personally appeared. He acknowledged before me that

he executed the foregoing instrument for the purposes therein stated on the I day

or trl\}Cn , zors.

(print, type, or stamp commissioned Notary Public)

Personally kno*n X or Produced Identification

Type of Identification Produced:

610053358.41831-6143-2014. t

4850-94r0-r 635 r

(check one)

Subscribed to before me thrs aay or MO(CJC) , zots.

29I"i,iulr,A

Tony

By:

VACATION TOURS USA, INC.

Agreed to and signed this \ dav of N4O(eh ,2olg, by the below-

stated person, who states and affirms as follows:

BY MY SIGNATURE, I affirm that I am acting in my capacity and within

my authority as PRESIDENT of VACATION TOURS USA, INC., and that, by my

signature, I am binding VACATION TOURS USA, INC., to the terms and

conditions of this Consent Judgment.

J. Armand, of Vacation Tours, USA, Inc.

STATE OF FLOCOUNTY OF

BEFORE ME, an officer duly authorized to take acknowledgments in the

State of Florida, Henry J. Armand, personally appeared as President of Vacation

Tours USA, Inc. He acknowledged before me that he executed the foregoing

instrument for the purposes therein stated on the \ day of ,2018.

(print, type, or stamp commissioned Notary Public)

Personally kno*n X or Produced Identification

Type of Identification Produced:

610053158.44831-6341-2014 I

4850-9410- t615.l

Subscribed to before me this \ auy or tv\O(*I, 2ole.

30

(check one)

HENRYJ. ARJVIAND

Agreed to and signed this I aay .r tVlO(Ch ,2org,by the below-

stated person, who states and affirms as follows:

BY MY SIGNATIIRE, I affirm that my signature below binds me personally

and individually to the terms

By:'as

an Individual

STATE OFCOUNryOF

BEFORE ME, an offrcer duly authorized to take acknowledgments in the

State of Florida, Henry J. Armand, personally appeared, individually. He

acknowledged before me that he executed the foregoing instrument for the purposes

thereinstatedonthe \ Ouvof MG(Ch ,zors.

(print, type, or stamp commissioned Notary Public)

Personally t ,o* *. or Produced Identification

Type of Identification Produced:

6 r005t15E.448ll-6141-2014 l4850-9410-r615 l

(check one)

Subscribed to before me this auy or [qOCh , zors.

NOTARYPUB

3ltnitiats: /hf -

of this Consent Judgment.

CeciJia V

-!Eo^,J,Qu0,,,,

ef, OrlandoFlorida Bar # 966Consumer Protection DivisionOffice of the Attomey General135 W. Central Blyd., Suite I000Orlando, Florida 33801Telephone: gon ti(-.484oFacsimile: (407) 245 -03 65Donna. Valin@myfloridalegal. com

Accepted this i / aay otfuy;{, zoto.

t/r@Victoria ButlerDirector, Consumer Protection Div.Office of the Attorney GeneralDepartrnent of Legal Affairs3507 EastFronrage Road, Suite 325T*pq Florida 33607

Entered in Chambers in Orange County,

The Honorable Kevin B. Weiss,Circuit Court Judge

so gSgEtrrED

Floridathis Lo"b.t

6lm533st 416t r.6l4l-2034.1485G94tGt635. t

32

nnias:$/

Bureau

Copies fumished to:

Counsel for the Ofice of the Attorney General, State of FloridaDonna Cecilia Valin, Assistant Bureau Chief, OrlandoOffice of the Attomey GeneralConsumer Protection Division135 West Central Boulevard, Suite 1000

Orlando, Florida 32801E-mail : Donna.Valin@myfl oridalegal.com

Corrine.Cardona@myfl oridale gal. com

Counsel for Defendants Millennium Tour and Promotions, Inc., Vacation ToursUSA, Inc., Tony J. Armand, and Henry J. Armand.Brandon Crossland, Esq.BakerHostetlerSunTrust Center200 South Orange Avenue, Suite 2300Orlando, Florida 32801(407) 649-4687E-mail: bcrossland@bakerlaw.com

610053358.44831-6343-2034.14850,9410- l615.l

33

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