Attorney General's News Release

December 11, 2003

Consumers getting false promises, not vacation bargains, from Branson travel club business, Nixon says in lawsuit

Jefferson City, Mo. — Almost 200 consumers who spent as much as $7,500 on travel club memberships have filed complaints against a Branson business being sued by Missouri Attorney General Jay Nixon.

The lawsuit alleges Travel More Now and its owner, James J. Kilroy, misrepresented the value of the memberships in obtaining desirable vacation facilities or services at desirable times of the year at deeply discounted rates. Travel More Now is located at 1316 W. Highway 76, No. 177 in Branson.

"Consumers who bought memberships soon found out the discounts offered were no better than ones they could have found online or by calling the vacation facility directly," Nixon says. "The membership price is so high, it's unlikely most consumers will be able to recoup that cost through any savings. These consumers were looking forward to a trip, but they hadn't planned on being taken for a ride."

In addition to the initial fee for membership — which Nixon says varied from $1,000 to as much as $7,500 — members were required to pay an annual membership fee of approximately $159.

Nixon's lawsuit, filed Dec. 4 in Taney County, alleges the defendants violated Missouri consumer protection and travel club laws by, among other practices:

• Misrepresenting Travel More Now's relationship or arrangements with various airlines, hotels, cruise lines and other travel service providers in obtaining discounts not available to the public at large.
• Giving consumers the false impression that as members they could easily book condominiums in desirable locations at discounted rates, or obtain airline tickets more cheaply than through the Internet.
• Failing to give consumers clear and conspicuous notice of their right to cancel their travel club memberships under Missouri law and, in fact, advised consumers that they could not cancel.
• Offering refunds to consumers only under the condition that they agreed to keep the resolution confidential.

Nixon is asking the court to issue injunctions against the defendants to prohibit them from further violations of the law; order them to rescind all contracts made with consumers in violation of Missouri law and pay restitution to those consumers harmed through the defendants' violation of the law; order the defendants to pay a civil penalty of $1,000 for each violation to the state; and order the defendants to pay all costs of the state for the investigation and in bringing the lawsuit.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to the Communications Office.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818