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To see Martino's article from his web site stating the MBA and Finney is a "Scum Bag" and "unethical businessman",  Click HERE  

Timothy J. Essling, Esq.                                                                                               
50 So. Steele St., Suite 260                                                                                               
Denver, CO  80209
Ph: (303) 331-0055    Fax:  (303) 331-0492

June 26, 2003

Mr. Thomas Martino, "Troubleshooter"
Troubleshooter Network 

Dear Mr. Martino, 

          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 facts:

*  Dale Finney and MBA Financial Group, Inc., were sponsors of your "Troubleshooter Network" and recommended by you for many years.

*  MBA 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).

*  MBA has not been utilizing this marketing technique for several months.

*  MBA is a member in good standing of the Better Business Bureau, and

*  MBA has no history to support aspersions that Mr. Finney is a "scumbag"

or 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 law." 

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 misguided adherents.

          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 follow it.

                                                                         Professional regards,

                                                                         Timothy J. Essling  

To see Martino's article from his web site stating the MBA and Finney is a "Scum Bag" and "unethical businessman",  Click HERE Free Web Stats in real-time !



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