BELLE VERNON – Attorney General Tom Corbett announced that a Belle Vernon health club owner and a Florida-based telemarketing firm must pay investigation costs and fines to resolve complaints from consumers who received solicitation calls while enrolled on the Pennsylvania Do Not Call list.
The Attorney General’s Bureau of Consumer Protection entered into legal agreements in Westmoreland County Court with John Vrabel, owner of Jack’s Total Fitness, Belle Vernon; and Robert Smilanich, owner of Premier Fitness Marketing, Inc., Seminole, Florida.
Corbett said that under the agreements, both businesses must pay civil penalties and the cost of the investigation. Jack’s Total Fitness was also ordered to pay 10 percent of their share of the civil penalties to consumers who filed complaints that lead to legal action.
In addition, both the owners and businesses must fully comply with Pennsylvania law before conducting any future business in the Commonwealth.
The agreement ends an investigation into claims that Jack’s Total Fitness violated the Telemarketing Registration Act, and in turn violated the Consumer Protection Law, by soliciting business from consumers who were enrolled in Pennsylvania’s Do Not Call registry.
Corbett said John Vrabel hired the Florida-based marketing firm, Premier Fitness Marketing, Inc., to solicit his health club to residents of Belle Vernon and surrounding areas.
Premier Fitness allegedly failed to comply with the Telemarketing Act by contacting consumers whose names, addresses, and telephone number had been enrolled on the quarterly Pennsylvania Do Not Call list; telemarketing in Pennsylvania without registering with the Attorney General’s Office; and failing to post the financial security required by law.
Corbett said Premier Fitness also violated the Foreign Corporations Act by failing to register their business with the Pennsylvania Corporations Bureau.
Furthermore, investigators found that Jack’s Total Fitness failed to register with the Attorney General’s Office, failed to post the financial security required by law, and used contracts that did not fully disclose the consumer’s cancellation rights as required by the Pennsylvania Health Club Act.
Jack’s Total Fitness and Premier Fitness were ordered to pay $16,000 combined in costs and penalties.
The settlements were negotiated by Senior Deputy Attorney General David Sumner from the Attorney General’s Bureau of Consumer Protection.
Consumers who were among the first two million Pennsylvanians to register in the summer and early fall of 2002 may re-register online, by calling the toll-free hotline at 1-888-777-3406, or by mailing their name, mailing address, telephone number and signature to the Attorney General’s Office.
Corbett said that there is an added registration feature that is only available on the website, which allows consumers to verify their enrollment to find out when they first registered for the list. Online registrants will also be able to read Frequently Asked Questions, which explain the Do Not Call list and its functions.
Telemarketers who violate the provisions of the law could face a civil penalty of $1,000 per violation. The penalty could be increased to $3,000 if the call is placed to a person age 60 or older who is registered on the Do Not Call list.
“Whether you are re-registering for the list or using this opportunity to register for the very first time, the Pennsylvania Do Not Call list provides citizens with a great way to keep their phone lines free of unwanted telemarketing calls – and their dinners peaceful once again,” Corbett said. “I encourage everyone to visit our website and register today.”
Consumers who are on the Do Not Call list and feel that they have received a telemarketing call that is not exempt can file a complaint with the Attorney General’s Bureau of Consumer Protection online or by calling 1-888-777-3406