Georgia AG to take action against www.1-800-SkyRide.com and www.ThrillPlanet.com.

On May 10, 2007 the State of Georgia through Joseph P. Doyle, Administrator of the Georgia Fair Business Practices Act of 1975, through Thurbert E. Baker, Attorney General for the State of Georgia filed a complaint for injunctive relief, civil penalties, and restitution with the Superior Court of Fulton County, State of Georgia against Cary V. Quattrocchi, Benny W. Butler, USSO, LLC and Atlanta SC, Inc. (Defendants) alleging violations of the Georgia Fair Business Practices Act of 1975. These are the owner / operators of www.1-800-SkyRide.com and www.ThrillPlanet.com

The complaint filed by the Administrator alleges in part that:

Cary V. Quattrocchi and Benny W. Butler own and operate USSO, LLC and Atlanta SC, Inc.

Cary V. Quattrocchi, Benny W. Butler, USSO, LLC and Atlanta SC, Inc. maintain and operate more than 900 web sites including but not limited to: www.1-800-SkyRide.com and www.ThrillPlanet.com through which they advertise "booking" services. Booking agents and reservationists for www.1-800-SkyRide.com and www.ThrillPlanet.com represent to the public that they book appointments and sell gift certificates for extreme outdoor adventures including sky diving, hot air ballooning, race car driving, river rafting, and assorted other sporting adventures.

The Georgia Office of Consumer Affairs received 62 consumer complaints regarding the Defendants. The majority of the complaints allege failure to provide services after receiving full payment from consumers, failure to provide gift certificates after receiving payment in full, or consumers being unable to redeem the purchased gift certificates. Specifically, the Defendants received payment and made reservations for sky diving, ballooning and other sporting services without knowing whether the appointed times or sky diving centers that consumers requested -and believed they were being booked for- were open or available. Additionally, consumers were promised certain appointment times, locations or dates without fulfillment, while other consumers would arrive at the diving facility only to discover that the facility had not received booking requests or payment for those services on behalf of the consumer, or that the location where the appointment was booked was not convenient or nearby as represented.

Prior to purchasing gift certificates, consumers inquired into the locations where the certificates could be redeemed. Representatives falsely assured the consumers that the gift certificates were redeemable at numerous locations convenient to the consumer. Additionally, the web sites misrepresented affiliation with certain companies and the number of locations where customers could redeem their gift certificates. As a result, consumers were unable to timely redeem their gift certificates because they where unable to find convenient or nearby locations as represented.

When consumers requested refunds for the unused services, undelivered gift certificates, or non-redeemable gift certificates, the Defendants fabricated various reasons for denying the consumers refund requests, including that the consumer had not paid "refund fees," inclement weather policies, unexpected facility closings, the unavailability of dive instructors, the lack of responsibility for the practices or operations of independently-owned diving centers, and lack of responsibility for failed mail delivery.

Defendants falsely represented to consumers that their facilities were certified, affiliated, or approved by the United States Parachute Association ("USPA") and that some of their instructors or employees were also certified by the USPA.

After reviewing the consumer complaints and conducting a thorough investigation, the Administrator served upon the Defendants a "Notice of Contemplated Legal Action" as required. The Administrator's efforts to resolve the allegations against Defendants by having them enter into an assurance of voluntary compliance have not been successful.

The State of Georgia (through the Administrator) is seeking injunctive relief, monetary relief by way of penalties, and restitution to persons adversely affected by the Defendants' actions.

The complaint has been filed with the court and is a matter of public record however, the case has not yet come to trial.

Source: The BBB report.