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petitioners were home, but if they were not home, messages were
left on their home answering machine.
The telephone callers usually sought a description of the
condominiums and their proximity to beaches, restaurants, stores,
entertainment, and other major resorts. Most callers requested
brochures and maps which petitioners mailed to the prospective
tenants. Approximately 80 to 90 percent of the time, Mr. Pohoski
replied in writing to the prospective tenants rather than by
telephone because it was less expensive to mail information than
speak on the telephone. Mr. Pohoski customized his letters to the
prospective tenants to address their specific interests and
concerns. Petitioners also made telephone calls to the prospective
tenants, most of which took place during the evenings and weekends,
and sometimes during the day from work.
When a reservation with a tenant was made, petitioners
recorded the booking information (name of tenant, arrival and
departure times, and rate) on a master calendar they maintained.
Petitioners then contacted the front desk of the resort in which
the tenant was booked and informed the front desk of the rental
arrangements and the dates.
Petitioners maintained a database on their home computer of
each of their tenants for future marketing purposes. Petitioners
also tracked their income on a monthly basis in another database.
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Last modified: May 25, 2011