Attorney General's News Release

September 1, 2004

Nixon obtains preliminary injunction that bars business from using deception to sell travel club memberships

Forsyth, Mo. — A Branson travel club seller has agreed to abide by a list of fair business practices in response to a lawsuit filed last week by Attorney General Jay Nixon. Leisure Access LLC, owner James C. Taylor and executive administrator Amy E. Harris agreed to a preliminary injunction signed by Taney County Circuit Judge James Eiffert today.

In the lawsuit, Nixon says Leisure Access uses high pressure sales tactics and deceives consumers in many ways, including telling them they will receive discounts on travel services; they will be able to book airline flights cheaper than on the Internet; and they will be able to book condos and timeshares at desirable locations at desirable times.

The preliminary injunction prohibits Leisure Access from making false promises and using deception to sell travel club memberships. The court order goes into detail about deception Leisure Access must not use including:

• Representing that Leisure Access has a relationship with any travel service provider that will provide discounted rates to club members unless this is true.
• Representing that Leisure Access can get cheaper airline tickets than what consumers can get on the Internet unless this is true.
• Representing that customers can rent condos and timeshares at discounted rates unless this is true.
• Representing that Leisure Access travel agents are available at a toll-free line 24 hours, seven days a week, unless this is true.

The court also ordered Leisure Access to give consumers who ask for time to consider their purchase of a travel club membership at least 15 minutes alone; to disclose to consumers the hours that travel agents are available; and to represent that the company has been conducting business since March 2004.

"This is a step in the right direction toward giving consumers the service they deserve," Nixon says. "Now, Leisure Access needs to make good with consumers taken by its deceptive ways."

Nixon is seeking a permanent injunction and a judgment that orders Leisure Access to pay $25,792 in restitution for nine consumers who have complained about the company.

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 Press Secretary John Fougere.

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