ARC: Agency sellers beware of scams

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WASHINGTON -- ARC issued an alert to accredited travel agency owners who sell their firms, warning them "to exercise extreme caution and maintain full control" of the business until ARC approves a change of ownership.

ARC said several agencies have been victimized by fraudulent purchase schemes within the last year, outlined as follows:

The owner of record receives a generous purchase offer and sells the agency without ARC's knowledge or approval.

The owner of record surrenders control of the agency to the purchaser, providing the keys to the office and access to the CRS, ticket stock, bank accounts and revenues. In effect, the owner of record becomes an absentee owner.

The purchaser promises to (but rarely does) take care of the ARC paperwork, rings up a lot of high-price sales without paying and disappears when the debit memos start rolling in.

The owner of record is left holding the bag, liable for the agency's default because no ownership change application was filed and approved by ARC.

Even if ARC did approve an ownership change, "the original owner is still responsible for transactions prior to the approval," ARC said.

The losses will be applied against the agency's ARC bond or letter of credit, and ARC may initiate litigation to recover losses over and above the surety.

Indeed, a number of cases coming through the travel agent arbiter in recent months have involved large defaults of agencies that were sold without ARC's knowledge.

The arbiter has ordered the owners of record to pay. If no response is forthcoming, ARC likely will ask a local court to confirm the arbiter's order (courts are loathe to interfere with such orders) and use the local sheriff's office to try to collect.

The ARC alert told agents: "Do not turn over the operation and control of your agency location and the blank ticket stock to any third party...until you have received written notification from ARC that your change of ownership is approved.

"Until that approval, the ARC owner of record is responsible for all financial losses on ARC traffic documents supplied to the location."

In order to help police identify and track perpetrators of an ownership scam, ARC suggested that agency owners get color photos of the purchaser and his or her representatives, and color replicas of their passports or drivers licenses. "If [the] purchaser objects, you should think twice about going forward with the sale," ARC said.

ARC also advised owners to note license plate numbers of all cars driven by the purchaser and his or her representatives.

Owners should check periodically with ARC's accreditation department to make sure that a change of ownership application has been filed and that it is complete, it said.

Owners who believe they have been solicited by "insincere purchasers" should notify ARC's fraud prevention department at fax (703) 816-8138, it said.

The scam alert was posted on ARC's Web site at www.arccorp.com.

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