Category: Four Seasons Hotels

Thursday, May 12, 2005

5/12/05 news release: Seeking Four Seasons Resorts Junk Fax Recipients for Class Action

The Telephone Consumer Protection Act (TCPA) entitles the recipients of unsolicited faxes to $500 minimum statutory damages per junk fax with awards up to $4,500 per fax due to multiple and willful violations.

http://www.emediawire.com/releases/2005/5/prweb239224.php

(PRWEB) May 12, 2005—On 4/19/05, Christine Baker received a junk fax advertising the Four Seasons Resort Whistler, owned by Four Seasons Hotels with headquarters in Toronto, Canada.

The junk fax lists the 888-935-2460 to call for reservations and the removal numbers 866-584-8472 and 604-594-9836. The fax also states that the fax service “It’s The Fax” provided the fax number and the fax header identifies “Four Seasons Whistler” as the sender of the fax.

Glen Iles with the Four Seasons Whistler initially assured Ms. Baker that they would stop faxing and that they would settle her claim as per her proposed $250 settlement offer, posted at http://fight-back.us/forum/index.php?showtopic=671

After several weeks of broken promises, it appears that the Four Seasons Hotels believes to be exempt from American law because they fax from Canada. However, the FCC determined that the TCPA applies to faxes sent from outside the US in its forfeiture letter against 21st Century posted at http://www.fcc.gov/eb/Orders/2002/fcc02002.html

Mr. Iles wrote to Ms. Baker on 5/10/05:
“Once you provide us with your fax number we will take all necessary steps to ensure we do not fax to that number again, which is the issue here.”

It is disheartening to see a major corporation such as Four Seasons Hotels with resorts worldwide engaging in the same deplorable tactics as a junk faxer who already hid all assets in offshore accounts and is judgment proof.

Ms. Baker does not wish to contact millions of junk faxing corporations to have her fax numbers removed from their fax lists.

Why does Four Seasons Hotels feel that it is above the law and that it can continue to junk fax despite having assets in the U.S.? The Sheriff could collect any unpaid judgments in the resort lobbies from hotel guests paying for their stay.

Tired of the junk faxes and the faxers’ lies, Ms. Baker filed suit in 2004 in Kingman, Arizona, Superior Court case # CV-04-915. She is not an attorney and she soon learned how ineffective individual actions are. Most advertisers were either shut down by regulators, avoided service, filed for bankruptcy or simply ignored the summons.

The time and effort required by an individual plaintiff to eventually get a collectable judgment makes these suits not worthwhile. Ms. Baker is seeking attorneys interested in filing class actions or representing multiple junk fax recipients nationwide and especially in California, Washington and Arizona.

It is very important that junk faxes are saved as it is quite possible that substantial settlements become available years later.

The Indiana junk fax class action Kenro, Inc. v. APO Health, Inc., No 49D12-0101-CP-000016 (Ind. Super. Nov. 5, 2001), was settled for $4.5 million and the judge recently awarded $535,000 to charities because these funds remained unclaimed.

The junk fax class action against Hooters Restaurants resulted in an $11.9 million verdict for the recipients of 7,825 unsolicited faxes. Nicholson v. Hooters of Augusta, No. 95RCCV616 (Richmond Super. March 21, 2001) http://www.keytlaw.com/faxes/hooterscase.htm

For more information about junk faxes please visit Ms. Baker’s web sites http://junkfaxsuit.info/ and http://fight-back.us/forum/index.php?s=&showforum=17.

Congress is currently considering legislation legalizing most unsolicited faxes. To oppose junk faxes, please visit http://junkfax.org/fax/action/RegisterCompanyjfpa.html

For Four Seasons Hotels:
Glenn Iles
Four Seasons Resort Whistler
4591 Blackcomb Way
Whistler, B.C. V0N 1B4, Canada
Tel: (604) 966-2646
Fax: (604) 935-3455

Nicola Blazier / Aynsley Wintrip
Corporate Public Relations
Four Seasons Hotels and Resorts
1165 Leslie Street
Toronto, Ontario
Canada M3C 2K8
Tel: (416) 449-1750
Fax: (416) 441-4414

# # #

Tuesday, May 10, 2005

Glenn Iles, Four Seasons Hotels refuses to accept liability for their junk faxing

Got this e-mail today:

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Dear Ms. Baker

I understand you were unwilling to resolve the matter with the service company we had used for the Fax delivery. Once you provide us with your fax number we will take all necessary steps to ensure we do not fax to that number again, which is the issue here.  We are not prepared to meet your other demands, since a resolution on stopping the faxes should resolve your concerns.

Best regards,

Glenn Iles
Four Seasons Resort Whistler
4591 Blackcomb Way
Whistler, B.C. V0N 1B4, Canada
voice: (604) 966-2646
fax:  (604) 935-3455
e-mail: mailto:glenn.iles@foXXXXsons.com (why am I protecting the email address of a junk faxer from SPAM?”

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What a lying scumbag.  I ought to go through our recorded calls and get some excerpts ready for the web.

Here is my response:

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Wednesday, April 27, 2005

Four Seasons Hotels thinks they can junk fax because HQ is in Canada

The junk fax for the Four Seasons Whistler had the 888-935-2460 rem. 866-584-8472 and 604-594-9836. 

The junk fax states that my fax number was provided by It’s the Fax.  After my intitial fax to Four Seasons, Brian from It’s the Fax at 604-594-9836 called, repeatedly advising that they’re all in Canada.  What a dimwitted moron, I posted his VM too.

The junk fax, my settlement offer and notice of publication and the VM from Bryan at It’s the Fax:

The Four Seasons forum at Fight Back!!!

I sure don’t understand why they think they can ignore the TCPA while having these luxury resorts in the US - along with the registered agents.

Judgments are easy to collect - the Sheriff can accept the cash when the hotel guests pay.

Did anyone else save this fax?  Would love to see a class action.