Timothy J. Essling, Esq.
50 So. Steele St., Suite 260
Denver, CO 80209
Ph: (303) 331-0055 Fax: (303) 331-0492
Thomas Martino, "Troubleshooter"
You may recall that I represent Dale Finney, President of MBA
Financial Group, Inc. We have
spoken briefly, but I am writing because I refuse to subject myself to the
self-serving diatribes that characterize your radio format.
I happened to be driving a friendís car today, and they had their
radio tuned to your program. It
is only in such an unlikely context that I would hear even a brief excerpt
of your program.
You happened to be ranting, again, about your FaxWars "passion."
I would remind
you that "advising" consumers does not necessarily mean involving them
in your petty crusades.
I question whether this "fax broadcasting" is a
meaningful issue for most consumers.
If an uninvited fax costs them $0.05, and you are embroiling them
in some protracted relationship with a "nationwide network of attorneys,
investigators, and collection agencies," does this truly serve the
interests of most consumers? In
my opinion, it serves your interest in self-promotion and hyperbole.
In your scathing assessment of Dale Finney, and MBA
Financial Group, Inc., I have not heard any reference to the following
Finney and MBA Financial Group, Inc., were sponsors of your "Troubleshooter Network" and recommended by you for many years.
entered into this promotion under a good-faith understanding that the
distribution of the faxes was lawful, and was supporting a nation-wide
Emergency Information Notification Network, in conjunction with the
National Center For Missing And Exploited Children (a non-profit utilizing
the exemption in the TCPA).
has not been utilizing this marketing technique for several months.
* MBA is
a member in good standing of the Better Business Bureau, and
has no history to support aspersions that Mr. Finney is a "scumbag"
that MBA is involved in any "consumer rip-off."
I hereby advise you, Mr. Martino, as follows:
Your remarks that the federal law "practically
guarantees a $500 recovery to the consumer for every violation"
misstates the facts, and approaches the "unauthorized practice of
Your identification of Mr. Finney as a "major offender" further presumes and misstates the facts.
Your suggestion that there are unlimited resources
out there to satisfy your consumersí expectations of recovery may leave
you in the posture of the one who misinformed and "ripped-off" your
Your characterization or innuendo about MBA Financial Group or Dale
Finney being involved in "consumer rip-offs" is wholly unsupportable,
and contrary to the facts as I know them.
This is clearly intended to damage the company, and Mr. Finney.
As commercial slander, there is a presumption of damages.
I advise you to get some good legal advice, Mr. Martino, and to
Timothy J. Essling