Thursday, March 14, 2013

OUR SUN GROVE RESORT VILLAGE BETTER BUSINESS BUREAU COMPLAINT SUBMITTED ON 06/16/11


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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