PROFESSIONAL MARKETING INTERNATIONAL (PMI) THREATENING CORRESPONDENCE AND RESPONSE
DURHAM
JONES &
PI N EGAR
Durham Jones & Pinegar, P.C. Richard M. Hymas
111 East Broadway, Suite 900 rhymas@djplaw.com
P O Box 4050
Salt Lake City, Utah 84110-4050
801.415.3000
801.415.3500 Fax
February 25,2010
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
Brian Messier
Business Recovery Services
2753 E. Broadway Road
Suite 101-147
Mesa, AZ 85204
Re: Professional Marketing International, Inc. adv. Business Recovery Service.
Dear Mr. Hessler:
This firm represents Professional Marketing International, Inc. ("PMI"). Over the past year, your company, Business Recovery Services, has contacted several PMI customers to induce them, through the use of false, deceptive and harassing communications, to terminate their relationship with PMI and demand refunds for amounts paid to PMI for goods and services purchased by the customers.
Your company's actions are in violation of the Utah Truth in Advertising Act, Utah Code Annotated § 13-1 la-1 et scq. (the "Act"), as well as other statues and the common law. In particular, your company has engaged in deceptive trade practices in violation of the Act by disparaging my client's goods, services and business through false and misleading representations of fact; and by making false and misleading representations that have caused a likelihood of confusion or misunderstanding as to your affiliation, connection, or association with other agencies and organizations.
It has been reported to PMI that your company's representatives have stated to PMI customers, among other things, that "PMI is a fraud," that they have been "scammed," that PMI has been convicted of fraud, and that PMI is in violation of Federal Trade Commission Rules, all of which are untrue. Your company makes no effort to determine whether the PMI customers you contact have any legitimate basis for demanding a refund or rescission of the relationship with PMI but simply encourage them to purchase your "recovery" kit and participate in your contingency collection program. Your company has falsely represented itself as the Better Business Bureau or a slate governmental agency or attorney general office.
SALT LAKE CITY | OGDEN | ST. GEORGE | LAS VEGAS SIC 551507.1
Brian Hessler
Business Recovery Services February 25, 2010 Page 2
Several PMI customers have complained to PMI about your false, deceptive and harassing tactics.
Demand is hereby made that you immediately cease and desist engaging in the deceptive trade practices outlined above and stop tortiously interfering with PMI's business. In addition, demand is hereby made that, within ten days of the receipt of this letter, you issue a correction notice to those PMI customers that you previously contacted, by the same media that you used to contact them previously, informing them of the inaccuracy of the representations that were made to them about PMI, as required under the Act. If you fail to stop the wrongful conduct and fail to issue the correction notices within the ten day period, PMI will commence litigation against you and your company for violating the Act and the other statutes you have violated, and for tortiously interfering with PMI's business. If a lawsuit is filed, PMI will seek to obtain injunctive relief, damages and punitive damages against you and your company, as well as an award for its attorneys' fees and costs incurred in the litigation, as allowed by statute and/or other applicable law.
Please govern yourself accordingly.
Very truly yours,
DURHAM JONES & PINEGAR
Richard M. Hymas
cc: Professional Marketing International, Inc.
Law Offices of Michael E. St. George
A PROFESSIONAL CORPORATION
(480) 968-9068 ATTORNEY-AT-LAW
(480) 968-0436 FAX Admitted in
March 31, 2010
Richard M. Hymas
Durham Jones & Pinegar, P.C.
111 E. Broadway, Suite 900
P.O. Box 4050
Salt Lake City, Utah 84110-4050
Re: Business Recovery Service adv. Wasatch Summit, LLC, dba Professional Marketing International
Dear Mr. Hymas:
This office represents Business Recovery Services, LLC (BRS). Your letter of February 25, 2010 has been forwarded to this office for response.
After a review of your letter, your allegation that my client used “false, deceptive and harassing” communications is incorrect and is not true.
It is our customers who have a complaint against your client. They have only engaged BRS to assist in recovering money paid to your client. My client has made no statements or accusations that are actionable and has committed no act that would give rise to any cause of action. You are welcome to file what you wish with the Arizona Attorney General’s Office since Terry Goddard, Arizona’s Attorney General, has already publically stated that Business Recovery Services is not doing anything illegal.
The determination of whether any of your customers who utilize my client’s services are entitled to a refund is made either independently by your/our customer’s credit card issuer or by your client voluntarily. Only your angry clients retain my client’s services.
As to your customers who have called and complained, DEMAND is hereby made for you to provide a list of their names, addresses, and telephone numbers and we will thoroughly investigate the alleged complaints and get back to you with our findings. Failure to provide the aforementioned names, addresses, and telephone numbers will definitely result in Business Recovery Services, LLC continuing its current business practices, as there would be no verifiable reason to change.
Before your firm files any suit your client needs to be able to stand in the light of day. If your client is using high pressure phone sales tactics to sell, with promises of making a lot of money quickly, using a home business opportunity approach that is unfounded and misleading, it would be best to clarify same before embarking on any lawsuit.
Business sense would suggest that it is better to settle with our customers than litigate with my client. My client stands ready to discuss a relatively effortless way to bring that about.
Sincerely,
Michael E. St. George
Cc: client
