FOR RELEASE: JULY 2, 1992
FTC CHARGES JAMES R. QUINCY, ATLANTA TELEMARKETER WITH VIOLATION OF FEDERAL COURT ORDER
A federal judge has frozen the assets of James R. Quincy and Feelin' Great International, Inc., an Atlanta, Georgia tele- marketing firm selling Caribbean and Florida vacation travel packages. The firm allegedly is operated by Quincy in violation of a 1988 federal district court order that followed charges filed by the Federal Trade Commission. In a new motion, filed June 29, the FTC alleged that Quincy operated Feeling' Great without posting the bond required by the order, and failed to make certain required disclosures to consumers. The asset freeze is in effect until a hearing can be held on the FTC's motion. The hearing is scheduled for July 13. The court has ordered Quincy to explain at the hearing why the court should not hold him in contempt for the alleged violations of the court's order.
The temporary restraining order is the latest event stemming from 1981 FTC charges that Quincy and 12 other individual and corporate defendants made numerous misrepresentations in the promotion and sale of vacation-timeshare interests in Harbor Village Club and Paradise Palms Vacation Club. Quincy and the other defendants allegedly misrepresented the ownership, location and number of timeshare units available through those clubs, as well as purchasers' ability to exchange their timeshare rights at those Clubs for rights at timeshare developments elsewhere in the world.
- more - James R. Quincy--07/02/92)
After the FTC filed its complaint, the federal district court entered a preliminary injunction against Quincy prohibiting him from engaging in the challenged behavior. In July 1982, the Commission charged that Quincy had violated the preliminary injunction in connection with his promotion and sale of motor home vacation timeshares. In February 1983, the court found Quincy in contempt of court, ordered him to reimburse the FTC for costs and counsel fees, and banned him from any involvement in the timeshare industry.
Quincy agreed to a stipulated final judgment, which was entered in July 1988. The final judgment permanently barred him from the timeshare industry. It also prohibited him from making misrepresentations in connection with the promotion or sale of vacation and recreation programs, home improvement products or services, and business or investment opportunities, and required him to obtain a performance bond and file it with the FTC and the court prior to selling any goods or services to consumers who paid in advance of delivery.
In its motion for an order to show cause, the FTC said that Quincy, as president and sole officer and director of Feelin' Great International, Inc., markets Caribbean and Florida travel packages to consumers. According to the FTC, Quincy allegedly violated the 1988 permanent injunction by failing to post the required bond. Feelin' Great International, Inc. customers must pay for their travel long before they take the trips. The FTC also claimed Quincy allegedly failed to notify consumers that they had a right to cancel, and that they had 10 days in which to cancel. The FTC also asserted that Quincy required some consumers to waive their right to cancel or to receive a refund from Feeling' Great when they tried to obtain the travel they had purchased.
The FTC's Division of Marketing Practices in Washington, D.C. and the Seattle Regional Office are handling the motion for contempt. The FTC staff has received assistance from the Postal Inspectors in Nebraska and Georgia, and the Georgia Governor's Office of Consumer Affairs.
The FTC filed the contempt action under seal in the U.S. District Court for the Western District of Washington, in Seattle, and the judge issued the order to show cause and the temporary restraining order on June 29. The seal was lifted on June 30.
James R. Quincy--07/02/92)
Copies of the temporary restraining order, the 1988 permanent injunction and the order to show cause are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY 1-866-653-4261.
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MEDIA CONTACT: Brenda A. Mack, Office of Public Affairs 202-326-2182
STAFF CONTACT: Patricia S. Howard, Bureau of Consumer Protection 202-326-2321
(Civil Action No. C81-1160(V)D)