UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

FEDERAL TRADE COMMISSION, Plaintiff,

v.

RESORTS EXCHANGE INTERNATIONAL OF AMERICA, INC. and ANTHONY A. ARRIGONI, Defendants.

Case No. _____-CIV.(_______________________)

STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION

Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), has commenced this action by concurrently filing its Complaint and this Stipulated Final Judgment and Order for Permanent Injunction ("Final Judgment and Order"). The Complaint seeks a permanent injunction and other relief pursuant to Sections 13(b) and 19 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C.   53(b) and 57b, charging that the defendants violated Section 5 of the FTC Act, 15 U.S.C.  45, and the FTC's Telemarketing Sales Rule, 16 C.F.R. Part 310.

Plaintiff, through its counsel, and defendants Resorts Exchange International of America, Inc. and Anthony A. Arrigoni, by and through their counsel, have agreed to the entry of this Final Judgment and Order by this Court in order to resolve all matters in dispute in this action. The Commission and the defendants have consented to entry of this Final Judgment and Order without trial or adjudication of any issue of law or fact herein.

Being fully advised in the premises and acting upon the joint motion of the parties, the Commission, Resorts Exchange International of America, Inc., and Anthony A. Arrigoni, to enter this Final Judgment and Order, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

FINDINGS

1. This Court has jurisdiction of the subject matter of this case and of all parties hereto;

2. The complaint states a claim upon which relief may be granted against the defendants under Sections 5, 13(b), and 19 of the FTC Act, 15 U.S.C.   45, 53(b), and 57b and the Telemarketing Sales Rule;

3. Venue in this district is proper under 28 U.S.C.  1391(b) and (c), and 15 U.S.C.   53(b) and 57b;

4. The acts and practices of the defendants were and are in or affecting commerce, as "commerce" is defined in Section 4 of the FTC Act, 15 U.S.C.  44;

5. Entry of this Final Judgment and Order is in the public interest;

6. Defendants have waived all claims under the Equal Access to Justice Act, 28 U.S.C.  2412, and all rights to seek judicial review or otherwise challenge or contest the validity of this Final Judgment and Order; and

7. Except as provided in Sections II and V of this Final Judgment and Order, the Final Judgment and Order does not constitute and shall not be interpreted to constitute either an admission by the defendants or a finding by the Court of any facts, other than the facts set forth above, or that the defendants have engaged in violations of the FTC Act or any other law.

DEFINITIONS

For purposes of this order, the following definitions shall apply:

1. "Plaintiff," "Commission" or "FTC" means the Federal Trade Commission.

2. "Defendants" means Resorts Exchange International of America, Inc. and Anthony A. Arrigoni, and each of them, and their officers, agents, directors, employees, salespersons, independent contractors, attorneys, subsidiaries, affiliates, successors, assigns and all other persons or entities in active concert or participation with them who receive actual notice of this Final Judgment and Order by personal service or otherwise, whether acting directly or through any trust, corporation, subsidiary, division or other device.

3. "Assets" means all real and personal property of any defendant, or held for the benefit of any defendant, including but not limited to, "goods," "instruments," "equipment," "fixtures," "general intangibles," "inventory," "checks," or "notes," (as these terms are defined in the Uniform Commercial Code), lines of credit, and all cash, wherever located.

4. "Travel-related product or service" means any product or service that purports to provide transportation, accommodations, or amenities usable during travel. This definition specifically includes, but is not limited to: travel planning services; booking and reservation services; transportation or accommodation tickets; certificates, vouchers, coupons, reservation forms or other documents that purport to be full or partial payment, or redeemable, for transportation or accommodations, car rental, tours, sports or other activities, meals, drinks, or entrance to special events or locations; providing or offering credit cards or other financial instruments that purport to allow the consumer to purchase travel-related products or services.

5. "Travel package" means all written documents sent to consumers after their initial purchase of travel-related goods and services, including but not limited to, all forms necessary to confirm or schedule travel-related products or services.

6. "Telemarketing" shall mean any business activity (which includes, but is not limited to, initiating or receiving telephone calls, managing others who initiate or receive telephone calls, operating an enterprise that initiates or receives telephone calls, owning an enterprise that initiates or receives telephone calls, or otherwise participating as an officer, director, employee or independent contractor in an enterprise that initiates or receives telephone calls) that involves attempts to induce consumers to purchase any item, good, service, partnership interest, trust interest or other beneficial interest, or to enter a contest for a prize, by means of telephone sales presentations, either exclusively or in conjunction with the use of other forms of marketing. Provided that the term "telemarketing" shall not include transactions that are not completed until after a face-to-face contact between the seller or solicitor and the consumers solicited. Provided further, that for the purposes of Paragraph ID, the definition of telemarketing shall be consistent with 16 C.F.R.  310.2.

7. "Assisting others" means knowingly providing any of the following goods or services to another entity: (1) performing customer service functions, including, but not limited to, receiving or responding to consumer complaints; (2) formulating or providing, or arranging for the formulation or provision of, any telephone sales script or any other marketing material; (3) providing names of, or assisting in the generation of, potential customers; or (4) performing marketing services of any kind.

I.

PROHIBITIONS AGAINST MISREPRESENTATIONS
AND FAILURES TO DISCLOSE

A. IT IS THEREFORE ORDERED that defendants, in connection with the advertising, marketing, offering for sale or sale of any travel-related product or service, are hereby permanently restrained and enjoined from:

 

1. Making, or assisting in the making of, expressly or by implication, orally or in writing, any false or misleading statement or representation of material fact, including, but not limited to, any false or misleading representation that the price quoted to consumers in defendants' sales solicitation is the total cost to purchase, receive or use the travel-related product or service.
 
2. Failing to disclose in a clear and conspicuous manner, before the consumer pays for the travel-related goods or services offered by defendants, all material facts including the conditions and restrictions to purchase, receive or use the travel-related products or services offered by the defendants.
 
3. Failing to disclose any material aspect of the nature or terms of the defendants' cancellation or refund policy.

 

B. IT IS FURTHER ORDERED that, with respect to the advertising, marketing, promoting, offering for sale, or sale of any good or service, defendants Resorts Exchange International of America, Inc. and Anthony A. Arrigoni, and their successors, assigns, directors, officers, agents, servants, employees, attorneys, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, whether acting directly or through any corporation, subsidiary, division, or other device, are hereby permanently restrained and enjoined from misrepresenting, expressly or by implication, any fact material to a consumer's decision to purchase defendants' products or services; and

 

C. IT IS FURTHER ORDERED that defendants Resorts Exchange International of America, Inc. and Anthony A. Arrigoni, and their successors, assigns, directors, officers, agents, servants, employees, attorneys, and all other persons or entities in active concert or participation with them who receive actual notice of this Order by personal service or otherwise, whether acting directly or through any corporation, subsidiary, division, or other device, are hereby permanently restrained and enjoined from violating or assisting others in violating any provision of the Telemarketing Sales Rule, 16 C.F.R. Part 310, including but not limited to, failing to disclose in a clear and conspicuous manner before consumers pay for travel-related products or services: (1) all material restrictions, limitations or conditions to purchase, receive, or use the goods or services that are the subject of the sales offer; (2) the total costs to purchase, receive, or use any goods or services that are the subject of the sales offer; and (3) all material terms and conditions of their cancellation or refund policy when making a representation about such policy.

II.

MONETARY RELIEF

IT IS FURTHER ORDERED that defendants Resorts Exchange International of America, Inc. and Anthony A. Arrigoni shall be jointly and severally liable for payment of equitable monetary relief, including, but not limited to, consumer redress and/or disgorgement, and for paying any attendant expenses of administration of any redress fund, in the amount of FOUR MILLION DOLLARS ($4,000,000). Provided, however, that this judgment shall be suspended until further order of the Court pursuant to Paragraph V of this Order.

III.

BOND

IT IS FURTHER ORDERED that defendants Resorts Exchange International of America, Inc. and Anthony A. Arrigoni, and each of them, shall obtain a performance bond in the principle sum of four hundred thousand dollars ($400,000.00) before engaging in or assisting others engaged in telemarketing or in the advertising, marketing, promoting, offering for sale, or sale of travel-related products or services, whether directly, indirectly, or in concert with others, or through intermediaries, business entities or other devices. The terms and conditions of the bond requirement are as follows:

A. The performance bond shall be an insurance agreement pledging surety for financial loss issued by a surety company that is admitted to do business in each State in which the bonded defendants do business and that holds a Federal Certificate of Authority As Acceptable Surety On Federal Bond and Reinsuring;
 
B. The performance bond shall cite this Final Judgment and Order as the subject matter of the bond and shall provide surety thereunder against financial loss resulting from whole or partial failure of performance due, in whole or in part, to any violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C.  45, the Telemarketing Sales Rule, 16 C.F.R. Part 310, or the provisions of this Final Judgment and Order. Such performance bond shall be executed in favor of both (1) the Federal Trade Commission for the benefit of any person injured as a result of any false or misleading representation of material fact made by either of the bonded defendants while engaged in the advertising, marketing, promoting, offering for sale, or sale of travel-related goods or services, and (2) any consumer so injured;
 
C. The bond shall be deemed continuous and shall remain in full force and effect as long as either of the bonded defendants continues to engage or participate in telemarketing and for at least five (5) years after such defendant has ceased to engage or participate in the advertising, marketing, promoting, offering for sale, or sale of travel-related goods or services;
 
D. The bond required by this Section is in addition to, and not in lieu of, any other bond required by Federal, State, or local law;
 
E. Each bonded defendant shall provide a copy of the bond required by this Section to the Regional Director of the Southwest Region of the Federal Trade Commission at the address specified in Section X, at least ten (10) days before commencing advertising, marketing, promoting, offering for sale, or sale of travel-related goods or services;
 
F. The Commission may execute against the performance bond, to the extent provided in Section III(B) above, if it demonstrates to this Court, by a preponderance of the evidence, that after the effective date of this Final Judgment and Order, the bonded defendant, while engaging or participating in the advertising, marketing, promoting, offering for sale, or sale of travel-related goods or services, made any false or misleading representation of material fact, expressly or by implication, prohibited by Section 5 of the FTC Act, the Telemarketing Sales Rule, or the provisions of this Final Judgment and Order; and
 
G. No defendant shall disclose the existence of any performance bond required by this Section to any consumer, or other purchaser or prospective purchaser of any travel-related product or service that is advertised, promoted, offered for sale, sold, or distributed via the advertising, marketing, promoting, offering for sale, or sale of travel-related goods or services, without also disclosing clearly and prominently, at the same time, "AS REQUIRED BY ORDER OF THE U.S. DISTRICT COURT IN SETTLEMENT OF CHARGES OF FALSE AND MISLEADING REPRESENTATIONS IN THE PROMOTION AND SALE OF VACATION TRAVEL PACKAGES."

IV.

PROHIBITION AGAINST DISCLOSING CUSTOMER
IDENTIFICATION INFORMATION

IT IS FURTHER ORDERED that, except for the purpose of making travel reservations at the request and in the names of individual consumers, defendants are permanently restrained and enjoined from selling, renting, leasing, transferring, or otherwise disclosing the name, address, telephone number, social security number, credit card number, bank account number, e-mail address, or other identifying information of any person who paid any money to either defendant in connection with the offering for sale or sale of any travel-related product or service at any time prior to entry of this Final Judgment and Order. Provided, however, that defendants may disclose such identifying information to a law enforcement agency or as required by any law, regulation, or court order.

V.

FINANCIAL STATEMENTS

IT IS FURTHER ORDERED that the Commission's agreement to and the Court's approval of this Order are expressly premised upon the truthfulness, accuracy, and completeness of the financial statements and information provided by defendants Resorts Exchange International of America, Inc. and Anthony A. Arrigoni to counsel for the Commission on or about August 1, 2000, which contain material information relied upon by the Commission in negotiating and agreeing to the terms of this Order.

IT IS FURTHER ORDERED that if the Commission should have evidence that the above-referenced financial statements and information failed to disclose any material asset the value of which exceeds $1,000, materially misrepresented the value of any asset, or made any other material misrepresentation or omission, the Commission may move that the Court reopen this Order for the sole purpose of allowing the Commission to modify the monetary liability of the defendants. If the Court finds that any defendant(s) failed to disclose any material asset, materially misrepresented the value of any asset, or made any other material misrepresentation or omission in the above-referenced financial statements and information, the Court shall reinstate the suspended judgment against such defendant(s), in favor of the Commission, in the amount of FOUR MILLION DOLLARS ($4,000,000), which the defendants and the Commission stipulate is the amount of consumer injury caused by the defendants, as set forth in Paragraph II of this Order. Provided, however, that in all other respects this Order shall remain in full force and effect unless otherwise ordered by the Court. Any proceedings instituted under this Paragraph shall be in addition to and not in lieu of any other proceedings the Commission may initiate to enforce this Order. Solely for the purposes of reopening or enforcing this Paragraph, defendants waive any right to contest any of the allegations set forth in the Complaint filed in this matter.

VI.

MONITORING COMPLIANCE OF SALES PERSONNEL

IT IS FURTHER ORDERED that, in connection with any business operated by defendants, or where defendant Anthony A. Arrigoni is the majority owner of the business or directly or indirectly manages or controls the business and where the business is engaged in advertising, marketing, promoting, offering for sale or selling travel-related products or services or assisting others engaged in these activities, defendants are hereby permanently restrained and enjoined from:

A. Failing to take reasonable steps sufficient to monitor and ensure that all employees and independent contractors engaged in sales or other customer service functions comply with Section I of this Final Judgment and Order. Such steps shall include adequate monitoring of sales presentations or other communications with consumers, and shall also include, at a minimum, the following: (1) listening to the oral representations made by persons engaged in sales or other customer service functions; (2) establishing a procedure for receiving and responding to consumer complaints; and (3) ascertaining the number and nature of consumer complaints regarding transactions in which each employee or independent contractor is involved; provided that this Section does not authorize or require the defendant to take any steps that violate any federal, state, or local laws;
 
B. Failing promptly to investigate fully any consumer complaint received by any business to which this Section applies;
 
C. Failing to take adequate corrective action with respect to any employee or independent contractor who, as determined by any defendant, is not complying with this Final Judgment and Order. Corrective action may include training, disciplining, and/or terminating such employee or independent contractor; and
 
D. Failing to retain records of the communications monitored in compliance with this Section, including, without limitation, records of each individual found to be not complying with this Final Judgment and Order, the violation found and the corrective action taken as to each individual.

VII.

ACKNOWLEDGMENT OF RECEIPT OF ORDER BY DEFENDANTS

IT IS FURTHER ORDERED that, within five (5) business days after receipt by defendants of this Final Judgment and Order as entered by the Court, defendants shall submit to plaintiff a truthful sworn statement, in the form shown on Appendix A, that shall acknowledge receipt of this Final Judgment and Order.

VIII.

DISTRIBUTION OF ORDER BY DEFENDANTS

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of this Final Judgment and Order:

A. Defendants Resorts Exchange International of America, Inc. and Anthony A. Arrigoni, shall provide a copy of this Final Judgment and Order to, and obtain a signed and dated acknowledgment of receipt of same from, each officer or director, each individual serving in a management capacity, all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, immediately upon employing or retaining any such persons;
 
B. For any business entity where defendant Anthony A. Arrigoni is the majority owner of the business or directly or indirectly manages or controls the business, and where the business is engaged in advertising, marketing, promoting, offering for sale, or selling travel-related products or services, or assisting others engaged in these activities, defendant Arrigoni shall provide a copy of this Final Judgment and Order to, and obtain a signed and dated acknowledgment of receipt of same from, each officer or director, each individual serving in a management capacity, all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, whether designated as employees, consultants, independent contractors or otherwise, immediately upon employing or retaining any such persons; and
 
C. Maintain for a period of five (5) years after creation, and upon reasonable notice, make available to representatives of the plaintiff, the original signed and dated acknowledgments of the receipt of copies of this Final Judgment and Order, as required in Subsections A and B.

IX.

RECORD KEEPING PROVISIONS

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of this Final Judgment and Order, defendants, and any other business entity wherein defendant Anthony A. Arrigoni is the majority owner of the business or directly or indirectly manages or controls the business, and where the business is engaged in advertising, marketing, promoting, offering for sale or selling travel-related products or services, or assisting others engaged in these activities, are hereby restrained and enjoined from failing to create, and from failing to retain for a period of five (5) years following the date of such creation, unless otherwise specified:

A. Books, records and accounts that, in reasonable detail, accurately and fairly reflect the cost of goods or services sold, revenues generated, and the disbursement of such revenues;
 
B. Records accurately reflecting: the name, address, and telephone number of each person employed in any capacity by such business, including as an independent contractor; that person's job title or position; the date upon which the person commenced work; and the date and reason for the person's termination, if applicable. The businesses subject to this Section shall retain such records for any terminated employee for a period of five (5) years following the date of termination;
 
C. Records containing the names, addresses, phone numbers, dollar amounts paid, quantity of items or services purchased, and description of items or services purchased, for all consumers to whom such business has sold, invoiced or shipped any goods or services;
 
D. Records that reflect, for every consumer complaint or refund request, whether received directly or indirectly or through any third party:
 
1. The consumer's name, address, telephone number and the dollar amount paid by the consumer;
 
2. The written complaint or refund request, if any, and the date of the complaint or refund request;
 
3. The basis of the complaint, including the name of any salesperson complained against, and the nature and result of any investigation conducted concerning any complaint;
 
4. Each response and the date of the response;
 
5. Any final resolution and the date of the resolution; and
 
6. In the event of a denial of a refund request, the reason for the denial; and
 
E. Copies of all sales scripts, training materials, advertisements, or other marketing materials utilized; provided that copies of all sales scripts, training materials, advertisements, or other marketing materials utilized shall be retained for five (5) years after the last date of dissemination of any such materials.

X.

COMPLIANCE REPORTING BY DEFENDANTS

IT IS FURTHER ORDERED that, in order that compliance with the provisions of this Final Judgment and Order may be monitored:

A. For a period of four (4) years from the date of entry of this Final Judgment and Order, defendants shall notify the plaintiff of the following:
 
1. Any changes in defendants' business or residence addresses, mailing addresses, and telephone numbers, within ten (10) days of the date of such change;
 
2. Any changes in the individual defendant's employment status (including self-employment) within ten (10) days of such change. Such notice shall include the name and address of each business that such defendant is affiliated with or employed by, a statement of the nature of the business, and a statement of said individual defendant's duties and responsibilities in connection with the business or employment; and
 
3. Any proposed change in the structure of the corporate defendant, or of any business entity owned or controlled by defendant Anthony A. Arrigoni, such as incorporation, dissolution, assignment, sale, merger, creation or dissolution of subsidiaries, proposed filing of a bankruptcy petition, or change in the corporate or partnership name or address, or any other change that may affect compliance obligations arising out of this Final Judgment and Order, thirty (30) days prior to the effective date of any proposed change; provided, however, that, with respect to any proposed change in the corporate defendant about which any defendant learns less than thirty (30) days prior to the date such action is to take place, said defendant shall notify the plaintiff as soon as is practicable after learning of such proposed change;
 
B. One hundred eighty (180) days after the date of entry of this Final Judgment and Order, defendants shall provide a written report to the plaintiff, sworn to under penalty of perjury, setting forth in detail the manner and form in which the defendants have complied and are complying with this Final Judgment and Order. This report shall include but not be limited to:
 
1. Defendant Anthony A. Arrigoni's current residence address and telephone number;
 
2. Defendant Anthony A. Arrigoni's current employment, business addresses and telephone numbers, a description of the business activities of such employer, and the defendant's title and responsibilities for such employer;
 
3. A copy of each acknowledgment of receipt of this Final Judgment and Order obtained by defendants pursuant to Section VIII; and
 
4. A statement describing the manner in which defendants have complied and are complying with Section I of this Final Judgment and Order;
 
C. Upon written request by a representative of the plaintiff, defendants shall submit additional written reports (under oath, if requested) and produce documents on fifteen (15) days' notice with respect to any conduct subject to this Final Judgment and Order;
 
D. For the purposes of this Final Judgment and Order, defendants shall, unless otherwise directed by the FTC's authorized representatives, mail all written notifications to the FTC to:
 
Regional Director
Southwest Region
1999 Bryan Street, Suite 2150
Dallas, Texas 75201
 
Re: FTC v. Resorts Exchange International of America, Inc., et al.
 
E. For the purposes of this Section, "employment" includes the performance of services as an employee, consultant, or independent contractor; and "employers" includes any individual or entity for whom defendant Anthony A. Arrigoni performs services as an employee, consultant, or independent contractor; and
 
F. For purposes of the compliance reporting required by this Section, the plaintiff is authorized to communicate directly with defendant Anthony A. Arrigoni.

XI.

PLAINTIFF'S AUTHORITY TO MONITOR COMPLIANCE

IT IS FURTHER ORDERED that plaintiff is authorized to monitor defendants' compliance with this Final Judgment and Order by all lawful means, including but not limited to the following means:

A. Plaintiff is authorized, without further leave of court, to obtain discovery from any person in the manner provided by Chapter V of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 26 - 37, including the use of compulsory process pursuant to Fed. R. Civ. P. 45, for the purpose of monitoring and investigating defendants' compliance with any provision of this Final Judgment and Order;
 
B. Plaintiff is authorized to use representatives posing as consumers and suppliers to defendants, defendants' employees, or any other entity managed or controlled in whole or in part by defendant Anthony A. Arrigoni without the necessity of identification or prior notice; and
 
C. Nothing in this Final Judgment and Order shall limit the Commission's lawful use of compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. 49, 57b-1, to investigate whether defendants have violated any provision of this Final Judgment and Order , Section 5 of the FTC Act, 15 U.S.C. 45 or the Telemarketing Sales Rule, 16 C.F.R. Part 310.

XII.

ACCESS TO BUSINESS PREMISES

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of this Final Judgment and Order, for the purpose of further determining compliance with this Final Judgment and Order, defendants shall permit representatives of the Commission, within three (3) business days of receipt of written notice from the Commission:

A. Access during normal business hours to any office, or facility storing documents, of the defendants or of any business where defendant Anthony A. Anthony is the majority owner of the business or directly or indirectly manages or controls the business, and where the business is engaged in advertising, marketing, promoting, offering for sale, or selling travel-related products or services, or assisting others engaged in these activities. In providing such access, defendants shall permit representatives of the Commission to inspect and copy all documents relevant to any matter contained in this Final Judgment and Order; and shall permit Commission representatives to remove documents relevant to any matter contained in this Final Judgment and Order for a period not to exceed five (5) business days so that the documents may be inspected, inventoried, and copied; and
 
B. To interview the officers, directors, and employees, including all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, whether designated as employees, consultants, independent contractors or otherwise, of any business to which Subsection (A) applies, concerning matters relating to compliance with the terms of this Final Judgment and Order. The person interviewed may have counsel present.

Provided that, upon application of the Commission and for good cause shown, the Court may enter an ex parte order granting immediate access to defendants' business premises for the purposes of inspecting and copying all documents relevant to any matter contained in this Final Judgment and Order.

XIII.

ATTORNEYS' FEES

IT IS FURTHER ORDERED that each party to this Final Judgment and Order hereby agrees to bear its own costs and attorneys' fees incurred in connection with this action.

XIV.

CONTINUING JURISDICTION

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for all purposes.

DONE AND ORDERED, this _____day of _______________________, 2001, at _____ o'clock, .m.

_________________________________
Honorable United States District Judge

SO STIPULATED:

Dated:

Gary D. Kennedy
gkennedy@ftc.gov
Oklahoma Bar No. 4961
Susan E. Arthur
sarthur@ftc.gov
Texas Bar No. 01365300
Attorneys for Plaintiff
Federal Trade Commission
Suite 2150, 1999 Bryan Street
Dallas, Texas 75201
(214) 979-9379 (Kennedy)
(214) 979-9370 (Arthur)
(214) 953-3079 (Facsimile)
Attorneys for Plaintiff

Dated:

Resorts Exchange International of America, Inc.
by Anthony A. Arrigoni, President
Defendant

Dated:

Anthony A. Arrigoni, individually and
as an officer of Resorts Exchange International
of America, Inc.
Defendant

Dated:

Andrew N. Cove
Attorney for Defendants