1 DEBRA A. VALENTINE
General Counsel
2 JEROME M. STEINER, JR.
3 GERALD E. WRIGHT
DAVID M. NEWMAN
4 Federal Trade Commission
901 Market Street, Suite 570
5 San Francisco, CA 94103
Phone (415) 356-5282/ fax (415) 356-5284
6 BLAINE T. WELSH
7 Assistant United States Attorney
701 E. Bridger Ave, Suite 600
8 Las Vegas, NV 89101
Phone (702) 388-6336/ fax (702) 388-6787
9 Attorneys for Plaintiff
10 Federal Trade Commission
11 IN THE UNITED STATES DISTRICT COURT
12 FOR THE DISTRICT OF NEVADA
13
14 )
FEDERAL TRADE COMMISSION, )
15 )
Plaintiff, ) No.
16 )
v. )
17 )
ASQ, INC., a Nevada Corporation, sometimes ) OTHER
18 doing business as Resort World, and ) RELIEF
)
19 FRANK A. ABATANGELO, JR., individually )
and as an officer of ASQ, Inc., )
20 )
Defendants. )
21 )
22
23 Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), for its
24 alleges:
25 1. The Commission brings this action under Sections 13(b) of the Federal Trade
26 Act ("FTC Act"), 15 U.S.C. §§ 53(b), to secure preliminary and permanent
27 relief, restitution, rescission or reformation of contracts, disgorgement, and
28 COMPLAINT 1
1 relief for defendants' unfair or deceptive acts or practices in violation of Section 5(a)
2 the FTC Act, 15 U.S.C. § 45(a).
SNIPPETS:
the FTC Act, 15 U.S.C. § 45.
This Court has subject matter jurisdiction pursuant to 15 U.S.C. §§ 45, 53, 57b,
Plaintiff Federal Trade Commission is an independent agency of the United States
13 practices in or affecting commerce.
The Commission may initiate federal district court
14 proceedings to enjoin violations of the FTC Act and to secure such equitable relief as may
15 be appropriate in each case, including restitution for injured consumers.
Defendant ASQ, Inc., sometimes doing business as Resort World, was
Its principal place of business is at 1050 E. 21 Flamingo Road, Las Vegas, Nevada.
22 vacation travel packages to consumers throughout the United States.
He transacts or has transacted business in this District and elsewhere.
At all times relevant to this complaint, the defendants have maintained a substantial course
of trade or business in the offering for sale and sale of vacation travel packages,
telephone, through the mail, and via facsimile, in or affecting commerce, as "commerce" is
Defendants send unsolicited faxes to businesses throughout the United
Consumers who call the 800-number are told that Resort World will provide the airline
19 tickets at the advertised fare on the condition that the consumer buys a minimum of four
20 airline tickets and books an eight-day, seven-night stay at accommodations through Resort
24 the program and then arrange their trip after they receive materials from the company.
In numerous instances since at least January, 1999, in connection with the advertising,
In truth and in fact, in numerous instances, defendants' vacation travel packages do not
defendants' representation set forth in Paragraph 13 is false and misleading and
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