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Attorney General

Friday’s Letter from America

Welcome to another Friday’s Letter from America, this week we publish revised instructions on how to file a complaint, this has been revised by one of our readers who was successful.

First a quick piece of news from Europe.

The Supreme Court in Madrid has issued another judgement, Spain’s highest court once again has defended the rights of timeshare consumers, in this case British, by declaring a Diamond Resorts contract null and void. As in all other judgements the court ruled that the contract was in contravention of Law 42/98, as the contract had no end date, known as perpetuity. The law clearly states that timeshare contracts may only be for a minimum of 3 years and a maximum of 50 years.

The court also awarded the clients all money paid in the first three months in double, this reaffirmed the court’s stance on the illegal taking of deposits within the cooling off period. Along with over £11,000 they were also awarded back their legal fees and legal interest. (click on PDF below to see court document)

Supreme Court Diamond Ruling

This is yet another victory for timeshare consumers brought on their behalf by Canarian Legal Alliance.

Now on with this weeks Letter from America.

How to File a Timeshare Complaint (January 25, 2019 revision)

By a Timeshare Member who Followed our Complaint Process

Step 1 GATHER INFORMATION

  1. Read Your Contract and any documents given to you at the time of signing. If your contract offers a rescission and you are still within the offered period you should take the steps necessary to rescind immediately.
  2. Educate yourself! There are many resources in place that are meant to protect consumers (most of which I was completely unaware of until I had to tackle this issue). The more you know the better you will be able to stand up for yourself.

LIST OF RESOURCES AND ORGANIZATIONS TO FAMILIARIZE YOURSELF WITH  

a: AG: Attorney General – You will want to file a complaint with the AG from the state in which you purchased your timeshare. If you can connect with other buyers in your state of residence, file a complaint with your own state Attorney General. See instructions below. Some states, like California and Nevada, require you file your complaint with the state real estate division against the sales agent.

b: ARDA-ROC: American Resort Development Association-Resort Owners Coalition

ARDA Timeshare Consumer Protections Page : Did you receive one of the three required “disclosure documents”? Is there a rescission period? When did it begin/end?

Excerpts from ARDA Code of Ethics: Read this code and make note of any parts that were violated during your purchase.  ARDA ROC does not mediate disputes, but they have a Code of Ethics that may be violated. The full code of ethics can be found here.

http://www.arda.org/ethics/

c: FTC: Federal Trade Commission-Protecting America’s Consumers There is a timeshare tab not easy to find. Follow these instructions: http://insidetimeshare.com/the-tuesday-slot-13/

d: BBB: Better Business Bureau: This is the organization that most people are familiar with and the link to file a complaint is found right on the homepage of their site. You may need to edit your complaint to 4,000 characters, sometimes no easy task. The good thing about the BBB is that they often allow you to log in and file a rebuttal if you disagree with the company’s answer to your complaint.

e: SEC: US Securities and Exchange Commission: You will only file a complaint with the SEC if you were falsely led to believe that the purchase of a timeshare was a good investment. The sale of an investment product must be registered with the SEC.

f: FBI: Sound serious? That’s because it is serious to report a complaint to the FBI. The definition of White Collar Crime is “Deceit, concealment, violation of trust, bait and switch.” File an online complaint at IC3.gov. Select Internet Crime from the three choices available. It’s confusing because your timeshare complaint doesn’t have to be about internet crime. That’s just the name of the portal.

g: Legal Action: Retaining a lawyer is something you can do after you have exhausted the above resources and still feel as though you are getting nowhere. It is a last resort option and it will cost you; make sure that the cost is worth the possible worst-case outcome. There is a compiled list of law firms that specialize in timeshare cases on one Advocacy Facebook page. Law Firms Doc You do not have to use one of these lawyers but it is recommended that you use someone who has specific experience with timeshare, and do not do business with a lawyer or a law firm you do not know. One timeshare lawyer has recently been disbarred

h: TUG: Timeshare Users Group TUG Forums: These forums are incredible for gathering information from other timeshare owners. You can search specific questions to see if anyone else has already asked and received answers.

i: Timeshare Exit Firms: BEWARE! A lot of these firms are scams. Some are not, but you can do the lion’s share of what any exit company can do. Beware especially of money back guarantees. Some companies consider foreclosure an exit. Obviously, you don’t have to pay anyone to get foreclosed. Also, it is important to note that some timeshare companies will not approve voluntary relinquishment of a timeshare if you have contracted with an exit firm.

j: Most would agree The Consumer Financial Protection Bureau does not offer the consumer protections it once did, they still regulate banks. File a complaint with the CFPB if your complaint involves a credit card. Remember to dispute the credit card charge, even if the transaction extends beyond 30 days. Some companies will extend the period if you can present a compelling case for fraud.  The Secret Service also investigates credit card fraud.      

Step 2 HOW TO WRITE A COMPLAINT LETTER

    1. Create a Record of Events: The very first thing you should do is make a list of everything that you were told by timeshare representatives (i.e. salespeople, managers, receptionists, concierge services). Write down every detail that was said even if it seems insignificant; you can always weed out details that are less important later. Your memory of the event will start to warp and change over time so it is important that you write down this information as soon as possible so that every complaint you file has consistent information.
  • Organize the information:

a: Create a Timeline: Begin with when you first became involved with the company and proceed chronologically. Keep your history brief up to the point when things began to go wrong; it at this point you should be as detailed as possible.

What was your first encounter? (phone call, concierge, sales agent)

  • What resort or location did the presentation take place?
  • Date and time of presentation.
  • Names of all sales agents/managers that you dealt with (names will typically be listed somewhere on your contract)
  • How long did they tell you the meeting would last vs what was the actual duration of meeting?
  • Did they offer you food or beverages during the duration of the meeting?
  • Did they take your ID and credit card? Did you ask for these items to be returned?
  • If you feel you experienced unfair and deceptive sales practices, describe your experience.
  • When did you first realize your agent misled you?
  • Was it possible to learn you were deceived during the rescission period? Sometimes an agent will say a bogus program won’t be available until after the first of the year, or wait a few months before refinancing. Banks don’t finance timeshares. Sometime over promised availability can’t be determined until allowed onto the booking site, after the rescission period has expired.  
  • What steps did you take after realizing you were misled? Did you contact the agent or the company? What was their response? List dates/times if possible. Keep all emails.
  • Did the sales person ask you to apply for any credit cards/loans or take any other extraordinary measures (refinance home, equity line of credit, etc.) in order to cover costs? Transferring to a third party lender complicates things.

b: List Relevant Complaints: Here is a list of some common complaints from timeshare owners.  Certain misleading statements are more serious than others:

  • The agent said I could easily sell my points. To find out if your timeshare has a secondary market, contact a member of the Licensed Timeshare Resale Broker Association. They charge no upfront money to list a timeshare. http://www.licensedtimeshareresalebrokers.org/
  • The agent presented maintenance fee relief programs that do not exist
  • The agent said I had to give up my deeded timeshare and buy points
  • The agent said I have to give up my deed and buy points or my heirs will be burdened
  • The agent told me this would be a good investment. At least 49% of the cost of your timeshare is attributed to marketing costs (source a major timeshare company’s annual report)
  • The agent said that I could rent out my timeshare for money when the company rules do not allowed renting
  • The agent overstated the value of travel awards to pay for airline tickets, or the use of a travel credit card to pay maintenance fees
  • The rescission period was dodged

Step 3 EMAIL AND SEND YOUR LETTER OF COMPLAINT

Below is an example of a sample layout with some ideas of information that you might want to include in your letter. Copy and paste your complaint into the body of an email (do not send as an attachment). Email or send to all interested parties, including customer service, ARDA ROC (if their Code of Ethics has been violated), the credit card company if a credit card is involved. You will send your complaint to regulatory agencies if your request is denied, so make sure you take the time to present your grievance clearly and factually. Have a friend or family member read your complaint before submitting to see if they understand the complaint.

Include the following information:

Name(s) of Member(s)

Phone Number

State of Residence

Today’s Date

Member Number

**List the following information for each contract you are disputing**

Date and Place Purchased

Number of Points Purchased

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Down Payment

Amount Financed and Interest Rate

Loan Number

Current Loan Balance

Information to include in the body of the complaint:

  • What do you want? Do you seek a refund, cancellation of contract, or relinquishment?
  • Why? Is it due to Deception, Health, Age or Financial Burden?
  • This is your written timeline. Provide a chronological account of what happened during the sales process that makes you feel you experienced unfair and deceptive sales practices.
  • Consider citing the ARDA code of ethics and what articles of the code were violated.
  • Making emotional statements will most likely not help your case.
  • In conclusion, restate the main complaint and what it is you are asking for.

**Complaints expressing dissatisfaction with general availability will go unheeded and so will requests based on not being able to afford the timeshare.

**If there was no deceit then request relinquishment. This is only an option if your Maintenance fees are current and you have no outstanding loan. Contact your resort for more information about voluntary surrender.  

HOW TO FILE A COMPLAINT WITH THE ATTORNEY GENERAL

  1. File your complaint with the AG from the state in which you purchased your timeshare. In “Part 2” of the link below it explains how to find the correct AG and file a complaint. Some states, like California and Nevada, require you file a timeshare complaint with the state’s real estate division.   

Steps for filing an AG complaint

  1. Always send copies of important documents and keep originals
  2. If not filed online, mail your complaint via Priority Mail with tracking.

OTHER CONSUMER PROTECTION RESOURCES

  • Seniors should consider contacting the AARP Fraud Hotline. Weigh their advice as they are not timeshare experts, but it is important for them to be aware that a significant proportion of complainants are age 60 or older. Click HERE to visit the AARP site.
  • Remember to pay no money upfront without reaching out to other members, or a resource like like TUG Timeshare Users Group
  • Forward your complaint to the Association of Vacation Owners.          AVO Contact Us Page

Contact Inside Timeshare if you are interested in helping other members or have questions about the filing process. Our goal is to make consumers more aware of the financial pitfalls that can result if you buy a timeshare you don’t understand or was not presented truthfully. We know there are many who use and enjoy their timeshares and sales agents that sell the product honestly. Honest sales agents are also negatively affected by predatory sales and lending.    

Timeshare Accountability Group™

Well that is all for this week, remember, before engaging with any company that contacts you or you have found on the internet or through adverts in publications, do you homework and stay safe.

Have a great weekend.

Friday’s Letter from America

Welcome to another Letter from America, the original article which was going to be published today has been replaced, this is due to the timeshare company reaching out to the members. As always, Inside Timeshare sends a draft copy to the timeshare company for comment, we do not always get a response, but on this occasion the company did respond. It may have been at the eleventh hour, but we congratulate the timeshare company concerned for their reaching out and we hope that they are able to resolve the matter.

As a last minute replacement we publish a revised version of The Peasant of Venice and the Queen of Versailles, by Irene Parker, originally published in November 2016.

This week has been a rather quiet one as far as the courts are concerned, there have been many cases going before the judges, but the sentences are unlikely to be announced until the New Year. Although we did get news of two sentences issued this week.

The first was from the Court of First Instance No4 in Maspalomas, Gran Canaria, the judge in this case declared the contract with Anfi null and void. The reason was the length of the contract which exceeded that allowed by Spanish Timeshare Law 42/98, which states that perpetuity contracts or contracts with no end date and exceed the 50 years maximum are illegal. The client in this case has been refunded over 61,000€ plus legal Interest.

At the High Court No4 in Tenerife, Silverpoint was on the receiving end. The contract was declared null and void as it did not include any tangible product. Again under Law 42/98, a timeshare must include specific information such as a set apartment or an exact time of year. The client in this case has been refunded over 10,000€ plus legal interest.

Once again these cases were brought on behalf of the clients by Canarian Legal Alliance, contrary to what some forums run by some very dubious characters will tell you, these are genuine cases and are a matter of public record.

     

Now for this week’s replacement article.

The Peasant of Venice and the Queen of Versailles Revisited

    Jackie Siegel, Queen of Versailles  

By Irene Parker

December 14, 2018

“The Peasant of Venice and Queen of Versailles” article was first published November 6, 2016. I wrote the article because I wanted to explain how I went from being a 30 plus year timeshare owner without a timeshare complaint, question or post, to a full time volunteer whistleblower.

In July of 2015 I experienced a pathetically aggressive timeshare sales presentation in Florida. We had previously purchased points in Virginia because the company said they were adding New York properties, only to learn it would take about $10,000 in equivalent maintenance fee dollars to stay at the same hotel, same week that could be booked online for $1,000 plus tax. When I checked December 1, 2018, it would have cost $12,000 using our timeshare points. I don’t blame the sales agent. He may not have known about the poor value. It was the response from the company to the Attorney General listing all the times we had used our points prior to that purchase that bothered me. Eventually I was offered our money back for that purchase, but could not bring myself to sign the non-disclosure agreement.       

Rosa Parks said, “I was just trying to get home from work.” In my case, we were trying to get to our new home, moving from Bowling Green, Kentucky to Venice, Florida. It was my intention to return to my first love – teaching piano lessons. That all changed after the revolting timeshare presentation we experienced in Florida.  Disgusted, I returned to our unit, turned on the television and witnessed the jaw dropping house pictured above, being built by Westgate timeshare owners Jackie and David Siegel. I could not resist.

It was a hot July summer day in Orlando when my retirement turned upside down.

We entered the hospitality area where we were invited to attend a 55 minute “information only” presentation for existing owners. “Will we be paired with a commissioned sales agent?” I asked three times. “No”, Julie replied, “Only if you have questions in the last ten minutes. I attended and I learned a lot! We have group presentations now because we had so many complaints about high pressure aggressive sales sessions.” We did not sign the form agreeing to the 55 minute meeting because the fine print said we would be robo-called if we did. We were robo-called anyway. There was no form to be signed for the three hours that followed the 55 minutes.

A Diamond Resorts member recently sent me this comment from a former Diamond concierge describing an unfair and deceptive practice:

Concierge (Former Employee) – Virginia Beach, VA 23451 – December 3, 2018

A typical day of work consisted of misleading current owners and their guests in order to persuade and entice them to attend a timeshare meeting that could last well over what was initially disclosed….The hardest part of this job was knowing I was intentionally misleading owners/guests of the length of time for their timeshare meeting, as well as not disclosing it as a timeshare meeting as instead it was mandatory we refer to it as simply an “update on their current status” or “ways you can stay here and affiliated businesses in the future”. The most enjoyable part of this job was the interaction with varying people and the connections I gained therein.

https://www.indeed.com/cmp/Diamond-Resorts-International/reviews

Our Nightmare on Timeshare Street begins:

The next day we entered the reception area to be greeted by an attractive young lady. “Hello,” Donna greeted us. “Are you a commissioned agent?” I asked.  Puzzled, she took us by the arm and escorted us to the 55 minute presentation, retrieved us immediately after, and led us to her den.

I told Donna, “My husband is 77 years old. We do not want to invest in vacation plans because we need to investigate long term care plans.” “Why, we have many in their 90’s who come and enjoy our resorts!” she cried. “But we are in the middle of building a house and have no permanent residence at this time,” I countered. Kneeling and looking up, she gazed into my eyes and confessed she was a single mother and had to resort to her Diamond points when she divorced. “I know you didn’t put all your money in that house though,” she added. I kept saying over and over, “We don’t want to travel. We like our new house.” Frustrated, the manager ended by advising me to go to the website if I want to find out what’s new. Three hours and three sales agents and managers later, we returned to our unit.

I checked my email and learned the 4,500 points we had been promised for our Port Elsewhere Ozark timeshare deposit was credited only 3,000 points. Sure enough, I learned later the 4,500 points promised could be changed at any time for any reason. It’s all in the fine print.

I then decided to take my mind off this disturbing revelation by watching television. I turned on the FOX news show Property Man show hosted by Las Vegas Attorney Bob Massi, and there she was – The Queen! The King and Queen of Westgate timeshare were building a 90,000 square foot home that defied the imagination. Jackie’s clothes closet is 5,500 square feet!

http://www.realtor.com/news/trends/queen-of-versailles-q-and-a/

Thinking about the pathetically aggressive timeshare sales presentation we were deceived into attending, and the worthless points specifically purchased to stay in New York City, I wrote to Mr. Massi at Property Man never dreaming I would earn a response. Copying the letter to Diamond customer service, they credited the correct amount promised for our Port Elsewhere week.

A few months later a FOX producer called. I was asked if I would be willing to be interviewed by Mr. Massi. The producer told me the Queen of Versailles show wasn’t even about timeshares. It was about their house, but FOX had been flooded with timeshare complaints. She said I was the only viewer they asked to interview because I was the only respondent who said I wanted to talk about the positives in addition to the negatives of timeshare. I told her I was sorry, but I had just accepted a position as interim music director for a large church and could not participate, but I offered to research timeshare to help them with their talking points.

I started digging. The deeper I dug, the more alarmed I became. Wyndham, Westgate, Bluegreen and Diamond seemed to have the most complaints, with Disney, Hilton and Marriott far fewer. I submitted my research to FOX and returned to the choir. Six months later, after arranging a flight to Phoenix to stay at  a Diamond resort in Sedona, I received a call from the FOX producer, asking if we would agree to be interviewed by Mr. Massi in Phoenix as they had interviews scheduled that weekend. Some things are meant to happen.

The FOX producer told me David Cortese of Magical Realty had also been interviewed by Mr. Massi about timeshare resales. David is a member of the Licensed Timeshare Resale Broker Association (LTRBA). After viewing David’s segment, I contacted him to see if he would sell our Diamond points. I was told their company would not accept a listing to sell Diamond points. I surveyed all 64 LTRBA members and 22 responded also saying they felt Diamond points were worthless on the secondary market. “We feel Diamond has placed too many restrictions on the use of secondary points to be of any value to a buyer,” they sadly explained.

One of the LTRBA members asked if I would speak with a Hispanic family. Since this first October 2016 complaint, the calls and emails have not stopped. I have heard from 646 timeshare members.

Timeshare members want straight answers but straight answers are in short supply at some timeshare customer service desks. Callers or emailers explain how a sales agent lied to them, but when they contacted the timeshare company they were told, “You signed a contract.” Some described how the rescission period was dodged. Some things, like over promised availability, can’t be determined by reading the contract. I feel I was deceived by reading the contract which stated, “You can sell your points but we will not assist you.” They left out the part about no buyers.

From the October 2016 article describing what happened to the Hispanic family:

Maintenance fees increased to the point where they could no longer afford to own their points. The family soon found that they had to charge maintenance fees to their credit card in order to pay them. The family had already taken out a $33,000 home equity loan from their credit union to reduce the high loan interest rate, typically 14% to 18%.

In August 2015, when they complained about maintenance fees, they said that a sales agent tried to convince them to purchase another 10,000 points in order to achieve Platinum level. He said that by being Platinum, it would allow the couple to pay their maintenance fees with their points, as only Platinum members are allowed to use their points to pay maintenance fees. Then and now Platinum members can pay maintenance fees at $.04 per point, so if all 50,000 points were tendered, it would pay $2,000 towards a 2018 $8,631 maintenance fee bill.

If the family had agreed to the additional 10,000 points, they would have gone further into debt with little recourse. Based on hundreds of reported responses, if they had purchased the points, they would have been told, “You signed a contract” or “We are not responsible for what our sales agents say.” They have a daughter who just graduated from high school and has started college.

I spoke to the family not long ago. They relinquished their $60,000 worth of points that they had accumulated. They are still paying off the home equity loan.

Contact a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare has resale value.

Property Man was preempted due to the 2016 election coverage, so our segment aired April of 2017. The Florida DBPR timeshare division only acted on 110 out of 2,360 timeshare complaints from April 2012 to April 2014, so ignore Pam Bondi.  Bob Massi and his advice on timeshare resales:

https://www.facebook.com/RealBobMassi/videos/1041694629230338/

From FOX I stumbled onto Jim Cramer of Mad Money’s investment news service TheStreet, where remarkable editors, possessing the patience of Job, provided a crash course in editing.

https://www.thestreet.com/author/1684637/irene-parker/all.html

A member who submitted an article to Inside Timeshare introduced me to Whistleblowers of America https://whistleblowersofamerica.org/. Accepting an invitation to attend a Whistleblowers Summit in Washington DC this year, I was introduced to OpEd News:

https://www.opednews.com/articles/Witness-to-Las-Vegas-Octo-by-Irene-Parker-America-181030-359.html

And of course, there’s Charles Thomas at Inside Timeshare in Spain and Wayne Robinson in Malaysia and Wayne’s book.  I was honored to edit and write the Forward. Everything About Timeshare, Before. During and After the Sale

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

So all in all, I’m getting great value from my timeshare points measured in the people I’ve met, readers who read my articles, and the gratitude from members who are grateful for straight answers. We especially appreciate our Facebook administrators and our growing team of members helping other members. I do believe we are a disruptor and hope our efforts will benefit sales agents who sell the product honestly, as well as forestalling new buyers and existing members from making a decision that has financially devastated more than a few families. When sold honestly, timeshare provides years of fun for friends and family.

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Irene for getting this article out to us so quickly, it is difficult to replace an article at such short notice, but at least the timeshare company did respond and for that Inside Timeshare was happy to replace the original one.

That’s it for this week, join us again next week our last one before Christmas.

To all our readers have a great weekend and remember to do your homework before engaging with any company that contacts you or that you have found on the internet.

The Tuesday Slot

Welcome to The Tuesday Slot, today we publish “How to File a Complaint Form” with the Federal Trade Commision, by Irene Parker.

The Federal Trade Commission’s How to File a Complaint Form

ANSWER: BUY MORE POINTS! TO QUESTIONS:

The availability is not as promised?

Buy more points! “I can’t believe that sales agent sold you so few!!!”

How can I get help paying maintenance fees?

Buy more points!

How can I sell my timeshare points?

Buy more points!

I don’t have enough points for a family of five?

Buy more points! “I can’t believe that sales agent sold you so few!!!”

By Irene Parker

Election Day in America, Tuesday, November 6

The first family to contact me was a Hispanic family in 2016.

Families already struggling with maintenance fees are often advised to buy more points to achieve the next loyalty level that will allow them to pay maintenance fees or be able to sell points. Unfortunately, the programs as described do not exist. A similar program does exist, so when the complaint is made, the company representative responds with the actual program that has nothing to do with paying maintenance fees or tells the member, “We don’t assist in selling points.”

Sylvia contacted me the summer of 2016.  Here it is 2018 and not a week goes by without more complaints, just like Sylvia’s 2016 complaint:   

Sylvia and her husband were persuaded to give up a deeded week that did have a limited secondary market, in exchange for timeshare points with virtually no secondary market. During a series of five sales presentations over a five-year period, the family accumulated enough points to elevate them to the next loyalty level in 2013. But maintenance fees increased to the point where they could no longer afford to own their points. The family soon found that they had to charge maintenance fees to their credit card in order to pay them.

Sylvia had already taken out a $33,000 home equity loan from their credit union to reduce the high timeshare loan interest rate, typically 14% to 18%. Never transfer a timeshare loan balance to a third party lender.

At their last resort stay in August 2015, Sylvia said that a sales agent tried to convince them to purchase more points in order to achieve the highest loyalty level.  The sales agent explained that this would allow the couple to pay their maintenance fees with their points, as only the highest loyalty members are allowed to use their points to pay maintenance fees. However, even at the highest loyalty level, turning in all points would only contribute $2,000 towards an $8,000 maintenance fee.

Sylvia relinquished $60,000 worth of points. She is probably still paying off her home equity loan and has no vacation points. One child graduated high school that year and was starting college.

Fortunately, Sylvia did not fall for the falsehood that would have driven her deeper into debt. We have received 63 almost identical complaints from highest loyalty members. They are infuriated.

Today is November 6, Election Day in America. Lobbyists are hard at work, making sure pro-industry candidates get elected. Lawmakers have a, “They signed a contract” answer to families alleging unfair and deceptive timeshare sales practices. We have heard from 571 families, many financially devastated because they believed a timeshare sales agent. As always, our disclaimer is that we know there are honest timeshare sales agents harmed as well by the actions of dishonest sales agents.

Timeshare buyers who feel they experienced unfair and deceptive trade practices should file a complaint with the Federal Trade Commission if the timeshare company dismisses them with “You signed a contract.” Members should also file with the Attorney General of the state where they signed a contract. Most, if not all states have incorporated a portion of the FTC Section 5 Code that describes unfair and deceptive business practices.

Unfortunately, the FTC doesn’t make it easy to file a timeshare complaint. The timeshare tab is buried. It took me a year to find it after a timeshare member explained how he found it. It’s almost like they don’t want you to find it. This is the link to file an FTC complaint and my step-by-step instructions directing you to the timeshare tab. We probably need about 10,000 members to file before the FTC raises an eyebrow.

 https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc

Step 1 Go to the link above: Submit a Consumer Complaint

Step 2 Bottom of the form, click FTC Complaint Assistant

Step 3 Click “Other”

Step 4 Click “For more options”

Step 5 Click “Travel Vacation or Timeshare”

Step 6 Click Other

Step 7 Click Timeshare

It was announced at an industry conference that $50 million has been set aside to put timeshare exit companies out of business, as well as honest lawyers and lawyers with questionable business practices. Timeshare exit is a problem the industry created by not allowing a secondary market. They admit this in annual reports to shareholders, listing a viable secondary market as a risk to their shareholders. Meanwhile, we are inundated with timeshare buyers contacting us describing how they have experienced unfair and deceptive sales practices.  

A jury awarded former Wyndham sales agent and whistle blower Trish Williams $20 million. Ms. Williams said Wyndham had TAFT days on slow sales days. (Tell them any #$%* thing). A former timeshare sales agent told me TAFT is a real person.

As private equity takes over timeshare, seeking venture capital returns, I believe this is only going to get worse. Timeshare is not the next Microsoft, disrupting a typewriter industry, prompting explosive growth. Upselling existing members into insolvency in an effort to generate 30% or better returns for investors is not the answer. The complaints never stop.   

We want more honesty. It’s a lot to ask, but we will keep asking.

Our complaint form: http://insidetimeshare.com/the-tuesday-slot-11/

Contact Inside Timeshare if you have a timeshare concern or a story to share. These are self-help groups we feel are not industry influenced.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://everythingabouttimeshares.com/consider-exchange-options/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Irene, as usual you have explained it all for our readers, if you have any questions, comments or need help with this or any other matter relating to timeshare, use our contact page and get in touch, please explain where you are located, (US or Europe), so we can pass you to the relevant team.

Breaking News:

La Provincia has just published an article with the following head lines:

El director de Anfi declara en un pleito entre los hermanos Santana Cazorla

La familia se enfrenta por un delito de administración desleal de fondos de la sociedad

Translation:

The director of Anfi declares in a lawsuit between the Santana Cazorla brothers

The family faces for a crime of unfair administration of funds of the society

Inside Timeshare will bring you more on this tomorrow.

Don’t forget the book by Wayne C Robinson, Everything About Timeshares, Before, During and After the Sale, with the forward by Irene Parker, you can obtain your copy from the link below.

https://www.barnesandnoble.com/w/everything-about-timeshares-wayne-c-robinson/1129749757?ean=2940161600962

 

 

Friday’s Letter from America

Welcome to this week’s Letter from America, it is not the article that was actually scheduled for today, but is a last minute replacement. The original will be published at a later date.

Tahoe Beach and Ski Resort HOA Election Results

Jake Bercu and Al Fong Declared the Winners!

By Irene Parker

September 28, 2018

Tahoe Beach and Ski Resort held their annual meeting and election for two board positions September 22, 2018. The two board members running for another three-year term were Alfred Fong and Jacob Bercu. Three other candidates were on the ballot.  

The results:

Jacob Bercu            2124
Javier Cervantes(withdrew) 39
Alfred Fong 2154
Timothy Dobbs 39
Pat Hanna 1929.5
Laurence McGill 1887

Typically, voting is private, but the math indicates that Diamond Resorts voted for Pat Hanna and Laurence McGill. One owner reported that Hanna and McGill both stated they were in contact with Jason Toste, vice president at Diamond and one of the three board members named in the Point at Poipu lawsuit. They said they wanted to work with Diamond Resorts. According to the owner reporting, this made owners suspicious, as the association has made numerous attempts to work with Diamond Resorts to resolve affiliation and operations issues, to no avail.

https://advantagevacation.com/the-point-at-poipu-angry-owners-file-lawsuit-against-diamond-resorts/

Diamond Resorts controls 23% of the inventory at Tahoe Beach and Ski Resort and, in the opinion of the member reporting, who wishes to remain anonymous, Diamond has had a difficult time following the rules of the association.

Another twist to all this is the revelation that a member of the board at Tahoe Beach and Ski is now running for the board at Lake Tahoe Vacation Resort, a Diamond property. This was not disclosed to the owners. When questioned about his motives for running for the Lake Tahoe Vacation Resort, he stated that he was interested in gaining useful information about Diamond Resorts.

The letter below is from an owner at Tahoe Beach and Ski Resort. The candidates supported by Diamond campaigned on the fact that Diamond is a new company with new management and that Diamond has changed their ways and we need to work with them. There have been many complaints about Diamond posted on various complaint sites and the Attorney General of Arizona has issued an Assurance of Discontinuance after receiving hundreds of complaints from Diamond members accusing the company of unfair and deceptive sales practices. Diamond did not admit wrongdoing. Based on the letter below and the daily posts on our member sponsored Diamond Advocacy group, we feel improvement in customer relations is warranted.

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

In addition to Jason Toste, Kathy Wheeler was a board member named in the Point at Poipu lawsuit. They are the authorized owner-representatives for Diamond Resorts at Tahoe Beach and Ski. Owners said they have had reports from other TBSC owners that Diamond sales agents and employees at Lake Tahoe Vacation Resort, Kaanapali Beach Resort and Historic Powhatan have been claiming for the last six years that:

  1. Diamond owns Tahoe Beach and Ski Resort,
  2. Diamond manages Tahoe Beach and Ski Resort,
  3. Diamond guests have full access to the private beach at Tahoe Beach and Ski Resort.

Owners also reported that Diamond Resorts also occasionally claims that when they take over Tahoe Beach and Ski Resort, owners will have to pay a large special assessment to renovate the resort, just as they are now doing at Tahoe Seasons Resort.

The owner’s letter:

Hello, Tahoe Beach and Ski Owners.

I do not believe Diamond is our friend, and I know many of you feel the same.

Gini and I were pricing a Safari Rose Sunset Cruise rather late the other evening.  A lady approached us and offered assistance. As we were setting up the cruise details, she asked if we would like a discounted price… sure! The key to the discount was to attend a Diamond Timeshare presentation. She asked if we were current timeshare owners and when we said Tahoe Beach and Ski, she looked us in the eye and said, “We want your beach. Diamond wants your beach!

This made us even more curious about what they had up their sleeves, so we agreed to attend their presentation. The next afternoon, we met with their salesperson Alejandro. When we affirmed our Tahoe Beach and Ski ownership & our lack of interest in Diamond membership, he made statements to the effect that:

  1. Diamond owns Tahoe Beach and Ski,
  2. Diamond manages the daily operations at Tahoe Beach and Ski Resort,
  3. It’s only a matter of time before DR takes over and totally renovates the resort.

He then asked what would I accept for my Tahoe Beach and Ski timeshare… $1,000, $5,000, or $10,000?  He then offered $10,000 credit on any Diamond program purchase in exchange for my current deeded timeshare.

Please help Al and Jake keep Diamond out of our resort.  I want my family to continue to enjoy this closely knit, small-town ownership community that we all love.

Comments from Irene Parker:

Congratulations to Jake and Al and to the efforts of many hoping to regain control of our vacations. It was suggested I throw my hat in the ring for Diamond’s US Collection election. I did this with the understanding that it is impossible to win, so agreed for the purpose of letting our voice be heard. We’re grateful to learn, at least at Tahoe Beach and Ski, a real owner really representing other owners can happen.

To me it would be simpler to have meaningful discussion as to our concerns about questionable sales and marketing practices, rather than engage in this nonsensical battle I call Timeshare Wars. Through our Diamond Advocacy Facebook, Inside Timeshare, and members who found us on the internet, we have heard from 531 Diamond members in the U.S., all but a handful reporting that they experienced unfair and deceptive sales practices. It is my belief Diamond has a product, but over promising and making false claims should not be a part of the selling equation. I feel “The customer is always wrong” because of the automatic; “You signed a contract” will be the downfall of this industry, as Diamond is not alone in the onslaught of member and owner complaints. Why can’t we just talk? I have always said that half a problem goes away when confronted.

If you have any views or comments on this or any other article published, then use our contact page and let us know, we welcome your views and insights.

That’s the end of another week, join us again next week for more insights into the world of timeshare, have a great weekend.

 

The Tuesday Slot

Welcome to the Tuesday Slot, this week we have another consumers “Nightmare on Timeshare Street”, this time involving the timeshare company Westgate.

Over the past few days Inside Timeshare has been receiving many emails from Silverpoint clients seeking advice, we have also received an email from an ex-telemarketer of Signallia Marketing, which sheds a lot of light on what they are up to. We will be publishing an article on this subject tomorrow, but now on with this weeks Tuesday Slot.

A Westgate buyer’s experience

By the Dashiell’s

Westgate owners Jackie and David Siegle’s 90,000 square foot home

The plans for the American Versailles, a 90,000-square-foot behemoth near Orlando, FL, seemed to have one overarching goal: to make the French original look shabby by comparison. Did Marie Antoinette have 10 kitchens, an ice skating rink, and a 5,000-square-foot closet?

https://www.realtor.com/news/trends/queen-of-versailles-q-and-a/

The Dashiell’s Westgate Experience

September 25, 2018

When I purchased a Westgate Lakes timeshare two years ago, the salesman told us about great financial benefits. We don’t have money to throw away, but it sounded like a good investment. The sales rep kept telling us over and over how the timeshare would “pay for itself” by generating rental income while also paying for maintenance fees and loan payments. He mentioned that we could write it off on our taxes and also said I could refinance the timeshare at my personal bank to get a lower interest rate. We thought we had security and low risk, especially since he said the timeshare could easily be resold.

After the presentation, our sales rep didn’t give us time to read the long contract. It would have taken all day if he had. He told us what was in the contract and pointed out where to sign and initial. He mailed us our document package with our contract and everything in it, AFTER the contract rescission period had passed! After receiving the contract, we learned that everything told to us during the sales presentation contradicted what was in the contract! We have tried to make the best of it, but it’s been two years now without making a dime on our “investment” and we could not refinance or get tax breaks.

We tried calling Westgate to give it back but they said I would have to find a buyer myself. There is no rental program. There is no resale program. The program is hard to use and we are done with it.

Another reason I bought was to be able to travel with my family at an affordable price. Our rep told me that I would be able to exchange property locations at any time and go anywhere if I had Interval International and all the travel extras for free or very cheap. In reality, properties were ALWAYS booked. I was told I should book 11 months out to reserve my stay. In this day and age of Airbnb and Expedia, that is just not realistic or flexible.

I’ve read other owners’ testimonies. They all seem to share our story. We feel the way the product was sold to us was unfair and deceptive. It’s bad enough that people can’t get rid of a timeshare, it’s yours for life, but promising rental income and tax breaks that do not exist seems criminal.

After we wrote Westgate a letter of complaint, Westgate spent months informing us by email that they were looking into our contract. They did not reply until we filed a complaint with the Better Business Bureau. Westgate said that they had replied to us by letter (which they hadn’t), explaining that ‘timeshare real estate sales are highly regulated,’ pointing to the AOR document with my initials.

Westgate said that it ‘absolutely holds its employees responsible for the things they do and say, however, supporting documentation is required.’ What documentation would there be – a letter from the rep with his signature confessing his misrepresentations? Needless to say the BBB closed our case swiftly and we are now hoping that the Attorney General will help us. If the Attorney General won’t help, that means the sales reps can say anything to make a sale and get away with it. I feel this is criminal.

I have no hope or faith that Westgate will respond to us. I do wonder what the point of the Better Business Bureau is, if they regularly side with Westgate when there is so much precedent on their own forum with so many Westgate buyers describing deception and misrepresentations.

Thank you to the Dashiell’s for sharing their experience. Contact Inside Timeshare if you have a timeshare experience to share. When sold honestly, a timeshare can be of great benefit to a family. Families, who feel they bought a timeshare based on inaccurate information, letting their voice be heard, may save another family from making a timeshare decision they will live to regret. 

      

If you have a similar story and want to share it it others, contact Inside Timeshare using our contact page and we will get back to you.

Have you had a call from a company promising you the earth, want to know if they and what they say is genuine?

Have you found a company on the internet that claims they can get you out of your timeshare and get your money back?

Not sure how to check if they are genuine and will actually deliver what they say, then contact us and we will point you in the right direction.

The Tuesday Slot with Irene

This week’s Tuesday Slot we publish a revised article on How to File a Complaint, but first a quick word on the article yesterday and the post on Timeshare Talk by Mr William Dobbs. We have had several emails from readers venting there disgust at the use of Ian Smart’s name considering he passed away.

Mr Dobbs you should think very carefully at what you write and who about, to use the name of a deceased person who cannot speak or defend himself is the lowest of the low. I have had emails from his personal friends and family, all demand the removal of his name and for you Mr Dobbs to publish an apology.

It is also clear that you have no idea what you are saying or writing, yes I do know many of the people on that list, after all it is my job to know, but much of it is so out of date it is laughable. One person who you mention as sales at Palm Oasis, has not even been in the industry for at least 15 years and as we stated yesterday, in any industry people will be acquainted with each other. So Mr Dobbs will his family and friends get the apology?

Now on with today’s article.

How to File a Timeshare Complaint (July 17, 2018 revision)

  

Start with the Attorneys General

If necessary, continue to the FBI at IC3.gov

Finish with the Federal Trade Commission, if Section 5 is violated

FTC Unfair Practices

An act or practice is unfair where it

  • causes or is likely to cause substantial injury to consumers;
  • cannot be reasonably avoided by consumers; and
  • is not outweighed by countervailing benefits to consumers or to competition.

FTC Deceptive Practices

An act or practice is deceptive where

  • a representation, omission, or practice misleads or is likely to mislead the consumer;
  • a consumer’s interpretation of the representation, omission, or practice is considered reasonable under the circumstances; and
  • the misleading representation, omission, or practice is material.

https://www.federalreserve.gov/boarddocs/supmanual/cch/ftca.pdf

“I was told that in order to be released from a timeshare I had owned for years, which was a deeded timeshare week, I had to turn the deed into points. Believing the sales agent, on June 19th I bought $12,000 worth of points for no reason. A few weeks after purchase I learned through Social Media the company has a voluntary surrender program.” (Example of an actual complaint)

Inside Timeshare has received 499 U.S. timeshare complaints as of July 16, 2018. All but a handful of complainants allege they had been sold a timeshare by deception. In all but a few cases, the member was dismissed with “You signed a contract” or “It doesn’t matter what the sales agent said.” If timeshare companies would acknowledge that some timeshare sales agents do intentionally mislead the consumer, there would be no need to file complaints and no reason for the existence of member supported advocacy groups.

According to FBI agents and lawyers our advocates have consulted, it is not legal to hide behind fine print, but it takes volumes of complaints to raise a regulator’s eyebrow. The Federal Trade Commission released its 2017 complaint report, listing travel, vacation, and timeshare as one of the most costly frauds at $1,710. Our reader complaints dollar amounts range from $4,000 to $400,000 or more. We wish members were only losing $1,710. Inside Timeshare has received complaints from 61 veterans and active duty military and law enforcement.   

Travel, vacation, and timeshare frauds were the most costly with people losing a median amount of $1,710. The FTC also broke out fraud losses for members of the military and found their median fraud loss to be 44 percent higher than the general population.

https://www.jacksonsun.com/story/opinion/columnists/2018/04/06/ftc-releases-2017-complaint-statistics/493425002/

Timeshare Members need to be especially vigilant about “Get you out of your timeshare” firms because many are scams. Some are not. Timeshare Advocacy Group™ (TAG) has a scam research team formed by members who have themselves been scammed. This 15 page US Department of Justice timeshare scam report illustrates the seriousness and extent of the problem, caused by the lack of a viable secondary market. Timeshare company annual and quarterly reports have mentioned a viable secondary market as a risk to investors.    

https://search.justice.gov/search?query=timeshare+scam+report&op=Search&affiliate=justice  

Advocates for reform feel the problems that exist in the industry today are caused by an overreliance on the oral representation clause, iron clad developer based contracts, the lack of an adequate secondary market, and limited enforcement. We don’t dispute there are many who use and enjoy their timeshare and many sales agents who sell the product properly, but here are the most common timeshare complaints reported by our readers:

  • The agent said I could easily sell my points,
  • The agent overstated the value of travel awards to pay for airline tickets, or the use of a travel credit card to pay maintenance fees,
  • The agent said I had to give up my deeded timeshare and buy points,
  • The agent said I have to give up my deed and buy points (or buy enough points to get to the next loyalty level) or my heirs will be burdened,
  • The rescission clause was dodged because the agent said the (bogus) program would not be available until after the first of the year, or we were  not allowed access to the booking site until after the rescission period.

To begin your complaint, raise your right hand.

Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? Present your information factually and without opinion or inflammatory language.

Information Needed to File a Timeshare Complaint

Name (s) and age of member

Phone Number

State of Residence

Member Number

For each contract in dispute:

Where Purchased and Date of Purchase

Number of Points Purchased

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Down Payment

Amount Financed and Interest Rate

Loan Number

Current Loan Balance

Name of Credit Card if one was used to pay the down payment

What do you want? Do you seek Refund or Relinquishment?

Why? Is it due to Deception, Health, Age or Financial Burden?

Complaints expressing dissatisfaction with general availability will go unheeded as will a request based on not being able to afford the timeshare. If you feel you were deceived, list the reasons why. If there was no deceit, ask for relinquishment. Maintenance fees must be current and there can be no loan outstanding. Just like your personal residence, you can’t go to your home mortgage lender and say you can’t afford it. The difference is you can sell your home if there is an outstanding loan.  

MOST IMPORTANT – Purchase Timeline

It is better to state your narrative as a narrative referring back to the contracts and figures at the top of your complaint. Begin with when you first became involved with the company and proceed chronologically. Keep your history brief up to the point when things began to go wrong.

After you complete your complaint, email it to the appropriate resort department. Expect to be denied. Typically your resort reviewer will restate your concerns, produce your initials and signatures, point out the oral representation clause and inform you, “If something was important to you, you should have asked for it to be put in the contract.” File a rebuttal if you disagree with the company response.

Mark your email to the resort urgent if you are in financial distress. It is best to file a complaint before the debt collectors are hounding. If one of our advocates is assisting the member, the member will report back to us if the issue is resolved. Due to the required non-disclosure, terms and conditions will not be discussed.

Attorneys General

If the resort has dismissed your complaint, the next step is to file a complaint with the Attorney General of the state where you signed your contract. It can take sometimes a month to hear back from an AG but once your complaint has been accepted, debt collectors are not allowed to call. You can find any Attorney General by searching the state name and Attorney General. Some states will direct you to the real estate or consumer division. You should file a complaint with the state Real Estate Division against the agent if the agent was deceptive. Not all states require timeshare sales agents be real estate licensed.     

We have determined, based on reports from our readers, some Attorneys General walk lockstep with the developer, responding to complaints with, “You should not have relied on verbal representations.” Thus, in those states, the consumer is out in the cold and at the mercy of the developer’s decision. In other states, Attorneys General have opened investigations and reached settlements based on a volume of complaints and a pattern of consistent reports of deceptive behavior.

The FBI

Any complaint reported to the FBI should be of a more egregious nature. “They promised me a free cruise but it wasn’t free” is an example of a complaint that is not serious enough for the FBI. Our opening example, describing a buyer told they had to give up their timeshare deed when that was not necessary, would merit an IC3.gov report. To determine if your complaint is serious enough to file an FBI complaint, review the FBI definitions of criminal acts:  

White-collar crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage. These are not victimless crimes. A single scam can destroy a company, devastate families by wiping out their life savings, or cost investors billions of dollars (or even all three).

Mortgage fraud is a subcategory of financial institution fraud known as “fraud for profit”:

Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry. Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners. The FBI prioritizes fraud for profit cases.

https://www.fbi.gov/investigate/white-collar-crime

The FBI has advised our members, if the allegation involves credit card fraud, the member should also file a complaint with the Secret Service.

https://ask.metafilter.com/81136/Should-I-call-the-Secret-Service-over-credit-card-fraud

Most important, consider reaching out to local or national media. Reporters look for content and are surprisingly easy to reach. Write an article about your experience. The more people who come forward, the more the public is made aware of timeshare black holes before engaging in a timeshare sales presentation.

Summary of Regulatory and Law Enforcement Agencies

  • The Attorney General’s office where you signed your contract. Most AG complaints can be filed online.
  • The Real Estate Division of the state where the agent is licensed if your complaint is against the agent.
  • The FBI at IC3.gov portal if you feel you were deceived. For allegations of a serious nature you may also contact an FBI field office to file a tip orally. Have your facts and figures ready. The FBI complaint website is called IC3.gov which stands for Internet Crime. This is a bit confusing. IC is the name of the portal. That doesn’t mean it has to be an internet crime. Click IC3 as your choice when filing. Sometimes your local field office will pay closer attention than say Las Vegas, where losing money is a tourist attraction. You can find your nearest field office from this website. https://www.fbi.gov/contact-us/field-offices https://www.ic3.gov/default.aspx
  • The Federal Trade Commission is one of the most important agencies to file with, because it is federal. Most states have incorporated a portion of the FTC’s “Unfair and Deceptive Trade Act” in their state law.   
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, welcomes member submissions, positive or negative.
  • The Consumer Financial Protection Bureau for credit card or lending complaints, under the mortgage option (even if no mortgage), selecting the bank involved. Timeshare has dodged this regulatory bullet because most members don’t know the identity of the lender as the timeshare company often services the loan (Timeshare companies are not an option from the CFPB’s drop-down menu). CFPB is the organization that helped Wells Fargo victims. The CFPB lost influence after the roll back of the Dodd Frank act March 2018. The Dodd Frank act was enacted after the abuses caused by subprime lending. The CFPB is still considered a regulator. https://www.consumerfinance.gov/
  • File a complaint with the Better Business Bureau. The company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints. Sometimes the BBB allows you to log in and file a rebuttal. If you file a complaint, a review is not allowed. We have received complaints from members reporting that a company representative called, saying the message is time sensitive, but does not answer the phone when the member repeatedly tries to call back. We suspect this boosts the company BBB rating because the company can report, “We reached out.”
  • Lawmakers – The problem is the timeshare buyer typically does not buy in their state of residence which is why lawmakers don’t seem to take timeshare seriously. Still, any effort to contact lawmakers is encouraged.

If this sounds like work, it is, but you can file with some, all, or none of the agencies. If you pick two, pick the Attorney General and the FTC. We have a team of advocates who can answer questions and help guide you through the process. We feel “Action and Advocacy” is the best way to change questionable timeshare business practices.  

Depending on the seriousness of your complaint, you may forward your complaint to the firm’s public relations office or firm and to ARDA, the timeshare industry’s PAC, for violating ARDA’s Code of Ethics. ARDA’s Code of Ethics can be found on ARDA’s website. ARDA ROC does not mediate disputes, but ARDA does have a Code of Ethics. Due to lack of response to about 200 of the more serious complaints we sent to ARDA, we do not recommend owners make the voluntary “opt in” or “opt out” ARDA ROC donation on your maintenance fee invoice. Not one of the members we questioned knew what ARDA ROC stands for, yet collectively gives ARDA ROC about $5 million a year. It is the opinion of our advocates, that although ARDA lobbies for the industry and for timeshare members, when the issue at stake is one that is at odds with members, members lose because they have no voice.

You may also forward your complaint to the Association of Vacation Owners. AVO has been tracking our complaints for research purposes. http://insidetimeshare.com/the-tuesday-slot-with-irene-3/

If you are granted a positive outcome, you may not say or write anything disparaging about the resort, but there is no harm in staying involved by referring timeshare members who need help to Inside Timeshare or to one of the self-help groups listed below we know are not industry influenced.  

Who We Are and Why We Do This

Our advocates are not attorneys and we do not provide legal advice. We have researched regulatory agencies and are here to direct consumers to the appropriate regulatory and law enforcement agencies. The right to file a regulatory complaint is the right of every citizen who feels they have been wronged.  

It’s a good idea to contact a member of the Licensed Timeshare Resale Broker Association to find out whether your timeshare has a secondary market. http://www.licensedtimeshareresalebrokers.org/

Venting on complaint sites has no effect whatsoever but an organized campaign to track complaints and report alleged fraud has already born fruit in the form of Attorneys General investigations and greater public awareness.

If all else fails, we will refer to an attorney if the member can afford one. If you are forced into foreclosure, but have an otherwise unblemished credit report, you can write to the credit reporting agencies in an effort to explain why you were deceived and why you were not able to resolve your dispute.

Contact Inside Timeshare or email Irene Parker at

[email protected] or call 270-303-7572 EST if you are interested in becoming a volunteer. Feel free to call any day of the week from 1:00 to 5:00 PM EST. It’s best to schedule a call. All calls and emails are returned within 24/48 hours.  If your email is not returned, please resend and send a text message.

Self-help groups seek to provide members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

http://tug2.net/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

July 7, 2018 Irene Parker Timeshare Advocacy Group™     

Related article: FTC Section 5

http://insidetimeshare.com/fridays-letter-from-america-12/

That’s it for today, you now have all the information to be able to file a complaint, if you need any help with this or want to know about any company that has contacted you or you have found on the internet, then use our contact page and we will point you in the right direction.

Tuesday Slot with Irene

Inside Timeshare publishes members accounts of sales presentations.

The reason we publish members accounts is because all but a few members report back to us that their claims of false promises made to sell them timeshare points, which they call lies, are being met with “You signed a contract” or “We’re not responsible for what sales agents say.”

That’s fine if that is the official position at  some timeshare companies, but the public needs to be made aware of the FACT that their complaints, in almost all of the 483 reported (as of the end of 2nd quarter 2018, were met with “You signed a contract” or “We are not responsible for what our sales agents say.”

The last thing we want to do is throw out the baby with the bathwater, lumping a fine timeshare company like Disney, into the tub of timeshare companies we feel need to improve sales and marketing practices.  

Please take the time to read decorated Marine veteran, John Collick, 100% disabled, his bio, and ask yourself “Who should I believe?”  

Now on to our U.S. British 4th of July edition of Inside Timeshare, submitted by John Collick and by Irene Parker.

Introducing Timeshare Advocacy Group™

Military Team Leader John Collick, and Military Team members:

George Yamada

Teresa Laird

Angela Sandstede

July 3, 2017

By John Collick, First Sergeant, USMC (Retired), and Irene Parker

Tomorrow is the 4th of July, the day Americans celebrate Independence from …. England. England and the US were once enemies, but now allies and friends. If two countries can resolve their differences, maybe timeshare developers can heal their relationship with 483 angry timeshare families that have reached out to Inside Timeshare for help. Like freedom, customer relationships must be daily earned and refreshed.  Four veterans share their allegations of deceit and frustration over the lack of timeshare enforcement.

There is no federal timeshare enforcement on the front end of the timeshare sale, and little to no enforcement in states where the Attorney General also falls back on the oral representation clause. Some Attorneys General conducted investigations based on members’ reports, but others, like Florida, mimic the timeshare developer’s response to complaints, “You signed a contract.”

Florida’s Department of Business and Professional Regulation’s (DBPR)

The department’s response to all complaints we have directed to DBPR

As you are aware, alleged verbal misrepresentations are very difficult to prove in light of the written documents and disclosures.  In terms of evidence we rely on these documents to prove or disprove the allegations. The actions taken by other state agencies are not evidence of the alleged misrepresentations related to the sales transactions conducted in Florida.  

This is exactly why we need a media outreach campaign to let the consumer know how any complaint that begins with “The sales agent said….” will be received. In essence, the Florida Timeshare Division, DBPR, does little to stop the deceit. False verbal representations made by unscrupulous timeshare sales agents are allowed to continue unchecked. Repeat offenders receive awards.   

The Florida DBPR demands proof. What would be the proof? Florida is one of only a few states that require both parties be aware of a recording of an in-person sales presentation. Most states allow a consumer to record an in-person meeting without the other participant aware.

http://www.diligentiagroup.com/legal-investigation/private-investigator-tips-is-it-legal-to-record-a-phone-call-or-conversation/

The Consumer Financial Protection Bureau helped Wells Fargo victims, but timeshare members, even in the CFPB’s heyday, could not effectively file a CFPB complaint. This was because borrowers filing a CFPB complaint are required to select a lender from the CFPB menu. Many timeshare borrowers don’t even know who the lender is, as the timeshare company services their loan. A timeshare company is not a choice on the CFPB’s drop-down menu.

We know there are millions who use and enjoy their timeshare points, but 483 families have described to Inside Timeshare how they were deceived by false statements and promises. Such tactics are illegal in the eyes of the FBI, described as white-collar crime – deceit, concealment, violation of trust, bait and switch.          

It is particularly disturbing to hear reports from 51 veterans, active duty military and law enforcement members. Several active duty military are worried about losing their security clearances due to timeshare foreclosure. Recent victims #50 and #51 are a police officer and a deputy.

John Collick, First Sergeant, USMC (Retired), 100% disabled, shares his timeshare experience. John is working on an article about his timeshare experience that he intends to submit to the DOD Inspector General and to the Military Times newspapers: Army Times, Air Force Times, Navy Times and Marine Times.   

Several other veterans and members of veterans’ families have come forward to assist John in his efforts, including:

  • George Yamada, Vietnam Army veteran 70% disabled due to Agent Orange,
  • Teresa Laird, her dad Raymond Mori, a two time Purple Heart recipient, alleging he and his wife were up-sold into timeshare foreclosure,
  • Angela Sandstede, her dad a Navy veteran, up-sold to $2,700 a month in timeshare loan payments, living on his letter carrier’s pension, now facing foreclosure.

John’s bio

John has a long and distinguished career as an Intelligence Specialist, both as a Marine and a federal employee. John was a Terrorism Analyst for the Navy in the immediate aftermath of 9/11; later became the Coast Guard’s Senior Threat Analyst, where he wrote a protocol for identifying risks and threats in the maritime domain. When this was implemented in the Port of Boston, it saved the city, state, and federal governments several million dollars. The port recently used that protocol while conducting a live shooter drill, with success.

John held a Top Secret SCI clearance for over 35 years; in addition to those identified above, he was also a Supervisory Intelligence Specialist at Immigration and Customs Enforcement, a Senior Intelligence Research Specialist, responsible for developing a process for vetting Syrian refugees at U.S. Citizenship and Immigration Services, and the Department of Defense HUMINT Issues Manager for Yemen. In this position, he was responsible for coordinating all classified activities concerning U.S. interests in Yemen.

Timeshare and the Military

Using his experience as a Marine First Sergeant, Mr. Collick advised that the Navy Criminal Investigation Service, Army Criminal Investigation Division, Air Force Office of Special Investigation and Coast Guard Investigation Service are responsible for investigating crimes against their service personnel, especially if it appears endemic. Although it is usually accomplished at the base commander level, any of the military service headquarters have the authority to place any business on the “off limits” list if it appears that their business practices are hurting military personnel. If endemic throughout the country, the Joint Chiefs could do the same. John has been reaching out to active duty members and others, gathering reports for his research and articles.

John is married with four kids; a 31 year old daughter, also a disabled veteran; a 27 year old son, an active duty Army officer; a 15 year old daughter in high school; and a 13 year old son, with Downs Syndrome, who has the mentality of an 18 month old.

His personal awards from military service include the Meritorious Service Medal, the Navy and Marine Corps Commendation Medal, the Army Commendation Medal, Armed Forces Service Medal, Arctic Service Medal, Outstanding Volunteer Service Medal, Humanitarian Service Medal, Sea Service Deployment Ribbon, and Combat Action Ribbon. He was also awarded the Navy’s Civilian Commendation Medal, for his role in translating documents and identifying previously unknown terrorists in the aftermath of the September 11, 2001 attacks.

By John Collick

It is my intention to reach out to the military and others in an effort to warn the military and the public at large that timeshare sales agents are, according to our experience, encouraged to make any false claim necessary to sell vacation points. We purchased our timeshare in Florida.

We were told by a Diamond Resorts sales agent, that we needed to purchase Diamond vacation points to ensure our weeks owned at The Colonies in Williamsburg VA timeshare didn’t lose value. The salesman, Mr. Stephen Kim, stated this was necessary because Diamond Resorts was in the process of acquiring The Colonies. We had recently upgraded to four weeks at The Colonies, so had no intention of making further changes in our vacation program until we received this false information. Mr. Kim said the points would be much cheaper if we purchased before Diamond acquired The Colonies because after the acquisition, the price per point will increase significantly. It wasn’t until a year later, after we purchased a Platinum membership at Diamond’s Mystic Dunes in Florida, we learned The Colonies was not to be acquired by Diamond Resorts – or any other company.

I filed a complaint with Diamond requesting the contract be rescinded. Diamond’s Hospitality agent responded, “Diamond is not responsible for what our sales agents say.” The FBI agents I spoke with, and attorneys have confirmed, hiding behind fine print is not legal, but with no enforcement, deception continues unchecked.   

We attended a mandatory orientation presentation at Mystic Dunes after our first purchase of Diamond points in Williamsburg VA. I asked sales agent Rida about Mr. Kim’s statement that Diamond was in the process of acquiring The Colonies. She said that she hadn’t brought it up because it hadn’t been made public.

We were also told we could use our Diamond points for amusement parks, concerts, the theatre, airplane travel, etc., only to learn airline travel was the only item mentioned for which points could be used, but even that was of little value.

All our timeshare experience has been with The Colonies of Williamsburg. They always told us the truth, not what they wanted us to believe. We have no desire to ever sell The Colonies of Williamsburg timeshare, but have every intention of ridding ourselves of Diamond Resorts.

Other veterans facing timeshare foreclosure, George Yamada, Roy Simmons, Raymond Mori  

George Yamada

Vietnam Army veteran 70% disabled

I work as a pension administrator. I was told the timeshare points I purchased were an investment. The first few purchases I made were based on the vacation experience but there is no question the last purchases were made because I was told the price per point had appreciated and was expected to continue to appreciate.

Angela Sandstede

My father, Roy Simmons, is a Navy Veteran. He had been happy with his timeshare points, but was up-sold to the point we are concerned about my parents losing their home if they have to file for bankruptcy. We made a YouTube hoping someone would listen and we will be reaching out to our Minnesota Attorney General, Lori Swanson. My dad retired on a letter carrier’s pension. My parents were up-sold to $2,700 a month in timeshare loan payment.

http://insidetimeshare.com/tuesday-slot-irene-13/

Teresa Laird

My father, Raymond Mori, also a Marine veteran, earned two Purple Hearts. My parents were sold a trial package, despite being timeshare members of this company for years. When I asked the company to cancel the purchase, they would not talk to me, insisting they had to talk to my parents. They “fixed” it by selling them 17,000 more points. When I went with them to Las Vegas, the agents there tried to sell them $234,000 in additional points at age 83, while my dad was dozing off in his wheelchair. Had I not been there, I feel they would have signed.    

http://insidetimeshare.com/fridays-letter-america-42/

Whistleblowers of America reviewed several timeshare complaints reported by veterans and active duty personnel. They presented our timeshare fraud report to the Joint Committee of Veteran’s Affairs March 14, 2018.    

Anyone helped by our advocacy efforts is encouraged to make a donation to WoA.

https://whistleblowersofamerica.org/

Thank you John and Irene, the number of complaints that we have received from military and law enforcement personnel is only the of the proverbial iceberg, there are many more who have had the same experience but have as yet not found who to go to.

Inside Timeshare will continue to publish these stories, they may not be popular with the industry, but the 4th July is about the freedom to express yourself, if you believe you have been wronged then is in not your right to speak up?

To all our friends and readers in the United States we from Europe wish you a very happy 4th July.