Publishing Industry Practices

This Posting Is Dedicated To David Portener, Chief Marketing Officer Of Travelhost

Dear Mr. CMO of Travelhost,

I’m no attorney, nor do I give legal advice, but I don’t believe it’s necessary to be a lawyer in order to recognize fraud when you see it. I suggest you and the other executives at Travelhost Magazine in Dallas pay close attention to this posting, because what I’m about to suggest could be vital to your careers and the way you spend the next few years of your lives.

Mr. Portener, your company violates franchise laws in 15 states, including the state of California where you operate Travelhost of Palm Springs. This violation is a felony in several of these states, and the law is crystal clear when it comes to identifying a business as a franchise. Travelhost meets these qualifications hands down, yet you do not follow the law requiring disclosure of failure rates for investors.

Why does Travelhost advertise itself as a franchise on the internet? And, why did Travelhost take down the internet ad on “” two days after I posted a link to it on my blog? Why do you continue to mislead people, Mr. CMO?  Dave Portener, YOU as the CMO are responsible for this posting (and others like it) marketing Travelhost as a franchise:


If I were you, I would consult an attorney about the implications of your actions at Travelhost Magazine. Have the attorney read my blog posts about: fraud, deception, franchise laws, and non-disclosure. I also suggest your attorney reads Jeff Loudon’s blog from early 2009. I have a copy if you need one.

Dave, I wouldn’t consult your in-house attorney, because I don’t believe that he would give you the same advice that your own private attorney would. Mr. Price obviously believes that the way you operate Travelhost is completely lawful, or he would not be a part of the operation at all, as his bar affiliation relies on him following the law at all times.

Furthermore, you and Travelhost perpetrate fraud on investors, which is also punishable under state AND federal law. Dave, you and your “market expansion staff” will not be protected by the corporate veil that Jim Buerger and Mr. Price lead you to believe you’re protected by. You are liable personally for what you’re doing down there in Dallas, and you will likely be prosecuted for it this year. Though some current and past Travelhost employees can legitimately plead innocent, you Dave, can no longer plead ignorance to these laws.  You know what you’re doing is wrong.

Dave, I’m suprised that you didn’t accomplish what you originally set out to do…change Travelhost for the better. You convinced everyone in the network that Travelhost needed to change in order to survive, and that you were the guy that could make it happen. We all believed in you. In reality, all you did was become Jim Buerger’s partner-in-crime.  Now you’re just a liar and a thief.

Perhaps Jim Buerger would like to know how you REALLY feel about him, Dave?

Consider this your official notice that members the Travelhost network of associate publishers intend to hold you personally liable, and go find yourself personal counsil. Ask this person if they think you’re liable, you’ll be surprised at their answer. Or, maybe you won’t be…perhaps you realize that it’s only a matter of time before you’re prosecuted along with the rest of the brass at Travelhost HQ.

Good Luck,



For those who are interested in reporting Travelhost for violating your consumer rights, contact:

Richard Cleland
Bureau of Consumer Protection

It won’t take long, I’m sure he’ll be familiar with your call.  In the message you can say Travelhost has been ripping off people for decades, hiding their nearly 100% failure rate. They don’t comply with franchise laws, but they advertise themselves as a franchise.  Proof is in the link above.

When this guy gets enough calls he’ll have to do something about it.  And, so will Travelhost!