October 2009 Developments - 39

Steps for Action When a state attorney general (AG) sets his sights set on your company, what should you do? First, take the inquiry seriously. There are a variety of ways an AG may initiate an investigation. You may first receive a letter of inquiry—this will seem innocuous and typically will reference a consumer’s complaint about your company. Such letters, however, may not reference a consumer complaint. Instead, the letter may only ask for information pertaining to certain business practices. In either case, the inquiry should be treated seriously and not ignored. Likewise, you should take seriously any subpoena or “civil investigative demand,” requesting copies of company documents issued by an AG. While the typical reaction to such inquires might be to “go to the bunker” and treat it like the run-of-the-mill litigation matter, a company may be well-served by taking a different approach to resolve an issue and protect its public image. Often, an AG’s office is willing to meet to discuss the parameters of the request. Such a meeting is also a good opportunity to learn more about the specific concerns regarding customer complaints or business practices. These types of meetings also work to establish a working relationship; then, within that professional framework, you can negotiate the scope of the request or resolution of the situation in such a way as to minimize exposure to your company. The key point is to seek out assistance in some form when such an inquiry comes to you. The worst thing you can do is ignore the request. Another unwise option is to immediately begin your interactions with the attorney general’s office in a hostile fashion. Of course, not every issue can be resolved through negotiation to a company or the regulator’s satisfaction. In those cases, litigation may be merited, but before heading down that road, determine whether there is a way to address the attorney general’s concern while still maintaining your right to conduct business. ARDA can also be a resource in such situations, as it has sought to actively engage state attorneys general on timeshare issues and educate them on the practices and benefits of the industry. Feel free to contact your ARDA state affairs team representative when such a situation arises, so that you can have the benefit of past knowledge of similar circumstances. From there, you and your legal counsel can make the best decision for your company. October 2009 • Developments

October 2009 Developments

Table of Contents for the Digital Edition of October 2009 Developments

October 2009 Developments - 1
October 2009 Developments - C1
October 2009 Developments - I1
October 2009 Developments - I2
October 2009 Developments - I3
October 2009 Developments - I4
October 2009 Developments - 4
October 2009 Developments - 5
October 2009 Developments - 6
October 2009 Developments - 7
October 2009 Developments - 8
October 2009 Developments - 9
October 2009 Developments - 10
October 2009 Developments - 11
October 2009 Developments - 12
October 2009 Developments - 13
October 2009 Developments - 14
October 2009 Developments - 15
October 2009 Developments - 16
October 2009 Developments - 17
October 2009 Developments - 18
October 2009 Developments - 19
October 2009 Developments - 20
October 2009 Developments - 21
October 2009 Developments - 22
October 2009 Developments - 23
October 2009 Developments - 24
October 2009 Developments - 25
October 2009 Developments - 26
October 2009 Developments - 27
October 2009 Developments - 28
October 2009 Developments - 29
October 2009 Developments - 30
October 2009 Developments - 31
October 2009 Developments - 32
October 2009 Developments - 33
October 2009 Developments - 34
October 2009 Developments - 35
October 2009 Developments - 36
October 2009 Developments - 37
October 2009 Developments - 38
October 2009 Developments - 39
October 2009 Developments - 40
October 2009 Developments - 41
October 2009 Developments - 42
October 2009 Developments - 43
October 2009 Developments - 44
October 2009 Developments - 45
October 2009 Developments - 46
October 2009 Developments - 47
October 2009 Developments - 48
October 2009 Developments - 49
October 2009 Developments - 50
October 2009 Developments - 51
October 2009 Developments - 52
October 2009 Developments - 53
October 2009 Developments - 54
October 2009 Developments - 55
October 2009 Developments - 56
October 2009 Developments - 57
October 2009 Developments - 58
October 2009 Developments - 59
October 2009 Developments - 60
October 2009 Developments - 61
October 2009 Developments - 62
https://www.nxtbookmedia.com