THIS IS A COPY OF OUR 06/16/11 ARIZONA BETTER BUSINESS BUREAU COMPLAINT THAT THE BBB TOOK NO ACTION ON. THIS REPORT IS NEARLY TWO YEARS OLD AND SHOWS THE POOR JOB BEING DONE BY THE BBB. THE BBB STILL HAS SUN GROVE RESORT VILLAGE RATED AS A "NO RATING" AND FAILS TO PROTECT THE PUBLIC FROM CRIMINAL ACTIVITIES THERE. DON'T DEPEND ON THE BBB TO PROTECT YOU!
June
16, 2011
Better
Business Bureau (BBB)
Attention:
Matthew Fehling, BBB President/CEO and Carrie Lorimer
4428
N. 12th Street
Phoenix,
AZ 85014-4507
RE: COMPLAINTS AGAINST: SUN GROVE RESORT
VILLAGE (SGRV) – COMPLAINT #798244 - COMPLAINT AGAINST SCOTT E. WILLIAMS – LAWYER AIDING CRIMINAL ACTIVITY
Dear
Matt and Carrie:
We
filed our 4/18/11 BBB COMPLAINT against SGRV for their false advertising and
their Financial Exploitation of Disabled and Elderly Persons (Exhibit 1 – Fairall’s 4/18/11 BBB
Complaint against SGRV). SGRV was aided in this CRIMINAL ACTIVITY by their lawyer, Scott E. Williams, because he
disclosed the attached 11 false Assisted
Living (AL) contracts in our 7/8/10 Trial.
Scott E. Williams was fully aware that SGRV is not a licensed assisted
living facility but his Trial Disclosures show his full endorsement and usage
of the SGRV CRIMINAL ACTIVITY. Scott
Green, Executive Director of SGRV, stated in our Trial that he was not
responsible for internet referral source advertising which is blatantly false
as represented by all the False Advertising Contracts he signed which gave the
internet referral sources the information and agreement to start the false
advertising. Presently SGRV still has 12 False Internet Referral Sources still
representing SGRV as an Assisted Living Facility (Exhibit 2 – False and Misleading Internet Advertising Contracts by
SGRV Report). This free internet advertising is a huge illegal advertising weapon
being used by SGRV to dupe the Arizona Public which needs to reported by the
BBB and stopped by the BBB.
We
have attached the 2010/2011 PACE Guide
to Senior Housing Book in our 4/18/11 BBB Complaint. We are sending a copy
of this letter and the Guide to Nancy V. Anger, Assistant Arizona Attorney and
General Chief Litigator, to show the false SGRV AL Advertising on pages 26/27
and on 42/43. We went to the Elder Abuse Awareness Day Open House yesterday
(6/15/11) where we spoke out about the SGRV problem. Tom Horne, Arizona
Attorney General, gave us his personal guarantee that they will fix the problem
and that he is very concerned about Elder Financial Exploitation. In our 5/5/11
meeting with the Arizona Department of Health Services (ADHS) Colby Bower, ADHS
Chief Legislative Liaison, suggested that we inform our Legislators that are
working on our Unlicensed Assisted Living Facility Law to make places like SGRV
place a Large Disclaimer in their
advertising that they are an “Unlicensed
Assisted Living Facility (UALF)”. We have brought that suggestion to our
Legislators and it is hoped that Arizona will have the UALF law next year (Exhibit 3 – 5/6/11 Fairall email). The New UALF will allow The Arizona
Department of Health Services to fine, regulate, and stop SGRV’s false AL
advertising. We have a promise from our Legislators that this law will be
presented next year.
SGRV
has removed the False Advertising Sign from their Van and they have changed
their advertising in the CB TIMES in the May 2011 issue on page 22 (Exhibit 4 – 5/11 CB TIMES). However
SGRV still takes advantage of the 12 Internet Referral Sources that still falsely
advertise them as an Assisted Living Facility. SGRV is responsible for the
false internet referral source advertising as confirmed by their signed false
advertising contracts.
The BBB needs to immediately report on
the BBB Website that SGRV uses False Advertising and they are not an Assisted
Living Facility. The faster the BBB reports SGRV’s misdeeds the faster the
Financial Exploitation of the Elderly and Sick by SGRV with misrepresentation
will be stopped.
The Arizona Attorney General needs to
prosecute SGRV and Scott E. Williams for their Civil and Criminal Activities
and to properly enforce Arizona State Laws. The Arizona Attorney General needs
to protect, correct, and recover for the Financially Exploited SGRV Seniors and
Disabled of over $50,000 in Extorted Funds and Wrongful Judgments for the past
two years.
SGRV broke our Lease Agreements by
their nonperformance of their written, advertised, and verbal contracts with us
by not being a licensed assisted living facility, failing to have a working
24/7 emergency alarm system, and failing to have a licensed nurse working at
SGRV. According to Title 3, Chapter 40 of the Arizona Criminal Victims’ Rights
we are entitled to a full refund of our monies paid to SGRV for their
noncompliance of our Lease Agreements. We submit between Carol and me that at
least $100,000 that we paid SGRV for invalid lease agreements needs to be paid
back to us in accordance to the Arizona Victim’s Rights Law for the restitution
of our a broken SGRV leases.
Sincerely,
Mark
R. Fairall
Carol
A. Fairall (nee Buck)
Attachments: Exhibit 1 – Fairall’s
4/18/11 BBB Complaint against SGRV
Exhibit 2 – False and
Misleading Internet Advertising Contracts by SGRV
Exhibit 3 – 5/6/11
Fairall email
Exhibit 4 – 5/11 CB
TIMES magazine
Cc: Nancy V. Anger – Assistant Arizona
Attorney General
EXHIBIT #2
FALSE AND MISLEADING INTERNET ADVERTISING
CONTRACTS
BY SUN GROVE RESORT VILLAGE (SGRV)
DOCUMENTATION RECEIVED IN OUR 7/8/10 TRIAL
AGAINST SGRV
1. Care Patrol –Assisted Living Facility
Marketing Agreement
Contract signed on 4/24/09 by SGRV’s Scott Green.
Spoke to Mike Messer and he removed the
false SGRV Assisted Living (AL) listing.
2. GAMA Senior Consulting, LLC
Contract signed on 4/24/09 by SGRV’s Scott
Green.
Spoke to Marieta Vockel and she stated SGRV
did not tell her on the contract that they were not licensed and
she promptly removed the AL listing.
3. ElderOp
Contract signed on 4/21/10 by SGRV’s Scott
Green.
* Unable to get internet referral source to
remove false AL advertising
4. Silver Connections, LLC
Contract signed on 4/9/09 by SGRV’s Scott
Green.
Jennifer Prell, President of Silver
Connection, LLC. was shocked that SGRV was not properly licensed and she
promptly removed the false SGRV AL Listing (email 9/1/10).
5. Arizona Assisted Living Solutions,
LLC
Contract signed 4/8/09 by
SGRV’s Scott Green.
* Unable to get internet referral source to
remove AL false advertising
6. Senior Transitions
Contract signed on 4/9/09 by SGRV’s Scott
Green.
* Unable to get internet referral source to
remove AL false advertising
7. A Better Solution for Senior Living,
LLC
Contract signed on 1/27/10 by
SGRV’s Scott Green
Spoke to Rita and she removed the SGRV false
AL listing.
8. Golden Hearts Senior Care
Contract signed on 1/27/10 by SGRV’s Scott
Green
* Unable to get internet referral source to
remove the AL false advertising
9. Senior Alternatives
Contract signed on 8/31/09 by SGRV’s Scott
Green
* Unable to get internet referral source to
remove the AL false advertising
10. Social Works, Inc.
Contract signed on 1/17/05 by SGRV’s
Scott Green
* Unable to get internet referral source
to remove AL false advertising
11. Assisted Living Locators
Contract signed on 4/10/09 by SGRV’s
Scott Green
* Unable to get internet referral source
to remove AL false advertising
OTHER FALSE
ASSISTED LIVING (AL) INTERNET REFERRAL SOURCES THAT WE DON’T HAVE THE SIGNED
CONTRACT
12. * Assisted Senior Living
13. * Senior Homes.com
14. * USA Senior Housing. Com
15. * Assisted Care Facilities.net
16. * Manta
17. * Enjoy Living Net
* FALSE SGRV INTERNET AL ADVERTISING
– presently 13 sites falsely advertise SGRV as an Assisted Living Facility
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