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J.W. NAPIER 1900-1977
_________
WM. H. NAPIER
LLOYD H. WOLF
DOUGLAS H. NAPIER

NAPIER, WOLF & NAPIER

LAWYERS

MARQUETTE BUILDING

607 EIGHTH STREET, SUITE ONE

FORT MADISON, IOWA 52627-2805

TEL. (319)372-2934
FAX (319)372-6764
e-mail: doug4law@aol.com

August 11, 1998

 

THOUSAND ADVENTURES FREQUENTLY ASKED QUESTIONS

Dear Thousand Adventures Members,

As you may be aware by now, our law firm initiated a class action lawsuit against Thousand Adventures on behalf of the 70,000 plus members of Thousand Adventures for breaching the membership contracts and various other wrongdoings. We filed this lawsuit because we felt this was the only way to protect the interest of the many members who don't have the financial means to take on a "Goliath" company. By joining all of the claims of the members, we hope that justice will prevail and the interests of members will be protected. We have heard from a great number of members who believe they were misled when they purchased their membership and have not received what they paid for. Many have expressed their appreciation that someone is willing to take on their cause. Many have had the same questions and this letter is an attempt to address the majority of the most common questions.

1. What is the class action lawsuit about? The class action lawsuit was filed in Iowa in May of 1997 on behalf of all Thousand Adventures members no matter where they signed up. The suit alleged that TAI misrepresented important facts when memberships were sold, they used unfair methods to induce sales, they breached the guaranteed resale agreements, and they breached the terms of the membership agreements. The petition sought rescission or cancellation of the contract and damages (such as refunds) for the members.

2. What do I have to do to join the class action lawsuit? Nothing. You are included in the class automatically. If you do not want to be included in the class, you have the right to "opt out" and can do so by simply mailing a letter to our office stating you wish to be excluded from the class. If you opt out, you will not be included in any recovery that may obtained in this case. Once, you opt out, you cannot rejoin the class.

3. Do I have to pay anything to be a part of this lawsuit? No. Neither will you be responsible to pay for any of the expenses should the lawsuit be unable to collect any damages. Those expenses are being advanced by our law firm. Our law firm will be compensated only in the event of a recovery and will be paid from the proceeds that are recovered or by the parties that we recover from.

4. What is the status of the class action suit? Thousand Adventures failed to appear or defend the lawsuit and as a result judgment was entered against them. The court certified the class and awarded partial damages to the class for expenses. The court was to have another hearing at a later date to determine actual damages. That hearing has not occurred due to the bankruptcy of TAI.

5. So you got a judgment for me, what does that mean to me? At this point, it means you are part of a class that carries a lot of weight in the bankruptcy court as a major creditor and it entitles you to share in any recovery of money that may be obtained. It also allows us to address common complaints and problems that members are having with various collection agencies and other companies that are trying to get the members to pay them dues or contract payments.

6. Can I expect to get any money out of this lawsuit? At this point, that is difficult to say. Many of the assets that had value have been transferred out of Thousand Adventures to a separate company called RV Holdings. The bankruptcy trustee is attempting to get these assets returned. In addition, the trustee and our firm are pursuing other possibilities that would recover money for the members. For those members who financed the purchase of their memberships by signing a retail installment contract, there may be some recovery of money from the lenders that received the members' payments. We are working very hard at trying to recover some money for the members. It is unlikely that anyone will get a full refund.

7. Why did TAI file for bankruptcy protection? Actually, we filed an involuntary bankruptcy petition against Thousand Adventures, Inc. because we became aware that many of TAI's assets were "leaking" out and being transferred to insiders, such as creditors and related parties. In order to stop the transfers and recover those assets, it was necessary to put TAI under the supervision of the bankruptcy court.

8. Aren't there several Thousand Adventures bankruptcies? Yes. Several of the subsidiaries also voluntarily filed separate bankruptcy petitions before we got involved. Most were filed in an attempt to stall foreclosure proceedings against some of the campgrounds. Most have been converted to Chapter 7 liquidation bankruptcies or have been dismissed. The effect of having so many subsidiaries in bankruptcy is to destroy any hope that Thousand Adventures can reorganize into a stable campground organization.

9. How did TAI get into such a financial mess? According to the many witnesses that have testified in this case, the primary reason TAI got into trouble was it grew very rapidly adding new campgrounds and when they attempted to get global financing to put the whole package together, they had at least two funding attempts fail. When the financing didn't work out, the parks were facing foreclosure and thus the rapid dismantling of TAI.

10. What is Travel America? Travel America was formed in mid-1997 for the purpose of operating a campground system. It is a separate and distinct company from Thousand Adventures. Although they share the same monogram "TAI", they are not the same company. The company was formed by one of the directors of a major lender of TAI with the intent that Travel America would operate the campgrounds so that the members would continue to make payments on the retail installment contracts that the lenders were still holding. Steve Alleman, a former employer of TAI, now works for Travel America and has testified under oath that "No Thousand Adventures member has an obligation to pay Travel America any dues." Travel America is offering a NEW membership program and if Thousand Adventures members decide they don't want to continue to pay dues, they don't have to join Travel America. Unfortunately, Travel America did not make this clear when they sent dues notices to Thousand Adventures members. Many members believed that Thousand Adventures had changed its name and the members were required to continue to pay the dues. If you get a dues statement from Travel America, simply write back to the address on the statement and tell them you DO NOT WANT TO BE A MEMBER OF TRAVEL AMERICA and to take your name off of their mailing list. Keep a copy of your letter.

11. Travel America offered to reduce the outstanding balance on my retail installment contract if I would sign a new contract with Travel America. Is this a good deal? I have seen some of the offers made to members and am very concerned by what may be happening here. The offers have promised to reduce the outstanding amounts, but if you fail to pay Travel America, then their letter informs you that all of the amounts owed to Thousand Adventures may become due again. First of all, I don't understand how Travel America can alter your installment contract which is between you and Thousand Adventures. Secondly, the default judgment against TAI rescinded the membership contracts and thus eliminated the members' obligation to pay any more on the retail installment contracts. My concern is that if you sign a new contract with Travel America, it may be hard to get out from under it. If you have signed such a contract, please send me a copy of it along with any other documentation you have received from Travel America.

12. Do I still have to pay dues? Thousand Adventures, Inc. has ceased to operate any campgrounds. Some of the subsidiaries still own and operate some campgrounds, but those subsidiaries are no longer owned by Thousand Adventures, Inc.. Most have been transferred to Travel America or are controlled by Travel America. There has been much confusion because Travel America has sent dues collection notices to TAI members, but TAI members have no contract with Travel America. If you think you will benefit from Travel America's program, then you may want to join Travel America and pay dues. If you doubt that you will get your money's worth or can find a better offer somewhere else, then choose accordingly.

13. Do I still have to make payment on my retail installment contract? The default judgment against Thousand Adventures effectively rescinds the membership contracts. As a result, the members obligation to continue paying on the retail installment contracts also should cease.

14. What about my Guaranteed Resale Agreement? Unfortunately, the resale agreement was tied to continued sales of TAI memberships. The resale agreement is virtually worthless. I have seen some correspondence from TRAVEL AMERICA that SEEMS TO SUGGEST you can still sell the membership, but THAT YOU HAVE TO STAY CURRENT WITH PAYMENTS. NONSENSE!!! Travel America has nothing to do with your resale agreement. They have specifically avoided any commitment to assume responsibility for those resale agreements. Besides, how can you sell a membership to Thousand Adventures when you know it has no value or use???

Thank you for your continued support and faith in our efforts.

//Douglas H. Napier//

NAPIER, WOLF & NAPIER

Be careful - Don't throw good money after bad

- Stay United

- Ask questions - Don't give in

- Don't lose hope

- Know who you are dealing with

- Seek advice

- Be discerning

- Be wise

* Please, if you have additional questions, mail them or e-mail them to our office as our staff is not capable of handling the many phone calls that are coming in. Thank you for your consideration.

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