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Friday’s Letter from America

Welcome to this week’s Letter from America, this article is based on a report released by the St Louis Better Business Bureau, it is based on their full report published on the BBB website which we have included as a link. The full report carries some very sound advice along with recommendations for Government and the industry. Whether they take note is another matter.

August is the month for Spain to basically close down, so there is no news from the courts, but this little snippet from the RDO website news section and published on 24 July caught our attention.

“We never sleep”

During this particular break-out session the RDO legal panel will provide attendees with an update on a range of issues, including the latest developments in the Spanish Supreme Court rulings and the on-going lobbying programme.

Other issues that will be covered within the session will be ongoing collaboration with UK authorities to take fraudulent individuals/companies to court and new legislation that is being developed to curb the activities of claims companies. Attendees will also learn how ARDA is dealing with similar issues in the US and whether there are lessons for RDO and its members.

Well one thing is for sure, the RDO obviously believe that the Spanish timeshare laws are not good for the industry, with the judges getting it wrong, along with their belief that they will be able to change things in their favour through the lobbying programme. Well somehow I don’t think the Spanish authorities will be looking to changing their laws to return back to the bad old days!

In the end these court cases that are being brought are of the industries own making, if they had abided by the laws in the first place they would not be paying for it now. A very good case to remember is Silverpoint, whose CEO Mark Cushway was at one time also a director of the RDO, this company is being pilloried by the lower courts in Tenerife and the Supreme Court in Madrid.

Why?

Quite simple, they sold a product that flouted virtually every article of Law 42/98, especially with their promise of the “investment” weeks, where unsuspecting purchasers, many of them on the verge of retirement, were sold under high pressure and very misleading sales pitches a promise that these weeks would be sold or rented out. These never materialised and are the subject of many of these court cases. All this while Mark Cushway was one of the directors of the industry trade body, there to ensure that members operated in a legal and ethical manner.

On the legal front, Canarian Legal Alliance has just published their mid year report, it is certainly impressive and really does put the above statement from the RDO in a different light. Follow the link for the full report direct from the lawyers themselves.

https://canarianlegalalliance.com/canarian-legal-alliance-mid-term-successes/

Now on with our Letter from America.

Timeshare is a Highly Regulated Product?

A St. Louis Better Business Bureau Timeshare Report

Released July 24, 2018

Don’t Fall for Deception Pressure and Traps Disguised as Vacations

August 3, 2018

Inside Timeshare has received complaints against Florida, Nevada, Missouri, Hawaii, California, and Virginia sales centers. Missouri is no worse than the other states. We appreciate the St. Louis, Missouri Better Business Bureau taking timeshare complaints seriously.

From: American Resort Development Association’s Code of Ethics:

According to ARDA’s website – “Vacation Ownership is one of the most highly regulated vacation products in today’s consumer marketplace.”

From the St. Louis Better Business Bureau report:

https://www.bbb.org/en/us/article/news-releases/18149-dont-fall-for-deception-pressure-and-traps-disguised-as-vacations-a-better-business-bureau-study-of-the-missouri-timeshare-vacation-club-industry?bbbid=0734

RECOMMENDATIONS FOR GOVERNMENT

  • Tougher law enforcement action. Regulatory agencies have reported receiving an increasing number of complaints about the timeshare industry. Bringing action against any bad actors in the industry could help consumers and deter companies from violating consumer protection laws.
  • New laws. BBB hears from many senior citizens who have been affected by the timeshare industry. Missouri legislators should consider special protections for those 65 and older who enter into agreements with timeshare and travel club companies. An extended right of rescission period could help seniors who may not totally understand what they have purchased. All consumers should receive pertinent information – such as access to websites and passwords – at point of purchase so that they can check potential savings and actual values of timeshares on resale market so that if they decide to cancel, they can take advantage of the rescission period.

(BBB) RECOMMENDATIONS FOR THE INDUSTRY

  • More honesty from the industry. The timeshare industry needs to develop and adhere to a set of ethical standards to address widespread reports of high-pressure and deceptive sales practices and to deliver accurate, honest sales pitches to consumers. Reputable companies do not pressure consumers over several hours to purchase services they had little interest in buying or, in some instances, can’t even afford. If presentations are held, consumers should not be detained past the scheduled time or express a false sense of urgency to act immediately. Avoid telling consumers something that will entice them to sign but is later contradicted by your contract.
  • Honor promises. Provide tickets or other promotional items at the time of the presentation. Do not mail them later or make the consumer obtain them from another source.  
  • Do not mislead about timeshare inheritance. Too often misleading statements or scare tactics are used to encourage those who have inherited a timeshare to believe they are liable for it. Don’t misrepresent the law or circumstances for financial gain.
  • Do not require consumers to initial documents “under duress.” Too often, consumers are faced with presentations consisting of long hours; eventually succumbing to high pressure sales tactics.
  • More transparency from the industry. If a consumer is referred  to another company or person to complete the presentation process, be transparent about the process (ie. obligation to sit through a two hour presentation to obtain discounted tickets) and amount of time it will actually take to possibly alleviate someone from their timeshare.
  • Eliminate company mediation. Do not require consumers to mediate through the company’s internal program should a dispute arise. Instead, use neutral, third-party mediation source such as Better Business Bureau or American Arbitration Association.
  • Easier exits. The recent establishment of deed-back programs may be a step in the right direction. More consumers should be able to take advantage of these programs. The establishment of more deed-back programs is likely to lead in a decrease in fraud seen in the resale and exit markets.

Inside Timeshare has received 515 timeshare complaints from our readers, 271 since January 1. All but a handful report their complaint was dismissed with “You signed a contract” or “We are not responsible for what our sales agents say.” Our advocacy efforts have had an effect. After publishing this last statement a few times, the defense has been changed to, “It sounds like a he said, she said” still relying on the oral representation clause. About 200 complaints were copied to ARDA / ARDA ROCbut were ignored.

If “You signed a contract” – is the industry’s official policy, and the regulator’s position in some states, the public needs to be made aware misrepresentations reported by timeshare buyers will be ruled in favor of the timeshare sales agent. In Florida and Nevada, all our readers’ complaints filed with those state Attorney General’s timeshare divisions have been dismissed with “You don’t have proof.” An upcoming article examines proof and why FBI agents and several attorneys don’t buy this response.

Inside Timeshare contributor Sheila Brust reported, “We were given ludicrous advice from a regulator that is clearly out of touch with timeshare consumer reality. I was told to contact a licensed timeshare resale broker, but every agent I contacted informed me my timeshare had no secondary market. By steering complaining members to licensed real estate agents, when turned down, members often end up the contacting a scam that will charge the member upfront money promising to sell or cancel their timeshare. Often that promise falls short.”

Inside Timeshare has received numerous complaints against Branson, Missouri sales centers. Our researchers discovered one Branson timeshare sales manager was selling points at the same time he was working for a timeshare exit company named Mutual Release a suspicious name for a company, as mutual release is the form signed when a timeshare issue has been resolved.

Our Advice

DON’T FINANCE A VACATION or any Luxury Item AT 12% TO 19% and don’t believe a word a timeshare sales agent says. As the St. Louis BBB recommends, check with a member of the Licensed Timeshare Resale Broker Association before buying any timeshare. There you will receive straight answers.

 http://www.licensedtimeshareresalebrokers.org/

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

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

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

Sometimes it’s hard to focus on the positives when it feels like the battle is all uphill. All we can do is reach out to those who feel lost to let them know Inside Timeshare and real advocacy groups are there for them. Consumer and advocacy are two words members should take with a grain of salt, used and abused by scam artists. We are real advocates.   

That’s it for this week, Friday is here and the weekend is about to start, for those in Europe beware the heat wave, especially if you are travelling to Spain, Seville is reported to be facing temperatures of 48º C or 118º F.

Join us next week for more news and views on the world of timeshare, don’t forget if you have any comments, questions or just need 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.

Have a great weekend and don’t get sunburnt!

The Tuesday Slot with Irene

Welcome to another Tuesday Slot with Irene, this weeks article is the first of a series which will cover some useful tips on how and who to file a complaint with, but as usual a quick look at Europe.

beware

Yesterday Inside Timeshare published an article about Worldwide Timeshares Unlimited based in Lowestoft Suffolk, with the website

https://www.timeshares-unlimited.com/

Registered to the “infamous” Antoni “Toni” Muldoon.

On the website they show 4 logo’s, RDO, RCI, Expectations Holidays and Canarian Legal Alliance, according to the website they claim to work closely with CLA, even having “cut & paste” copies directly from the CLA news section.

Inside Timeshare has had confirmation from the RDO, Expectations Holidays and Canarian Legal Alliance that they have no knowledge or ties with the said company or website. RCI have also been informed, but as yet no reply has been received, but it is safe to assume that they have not given any permission for their logo to be used.

This just goes to show that you cannot believe what you see or read on the internet, just because a website shows a logo or states they work closely with a company or organisation that it is true. Always do your homework, check any company fully before engaging in business, check that their claims to work with or are affiliated with others is genuine.

It would also appear that Anfi is once again on the offensive, this time they have been sending out emails to UK members regarding a recent BBC TV program Rip Off Britain. In this program they travelled to Tenerife to investigate a “fake” law firm, one that Inside Timeshare has been investigating and reporting about for the past 2 years.

Although this is laudable, it is the tone of the email that is the problem, rather than actually naming the “fake” law firm, it has been left open and vague, giving the impression that all law firms dealing with timeshare claims are not genuine.

It is obvious from past emails from the CEO José Luis Trujillo, that the aim is to discredit the Arguineguin law firm Canarian Legal Alliance. These lawyers have been instrumental in securing 84 Supreme Court rulings against various timeshare companies, with 39 against Anfi alone.

On the point of the “fake” law firm in Tenerife, Inside Timeshare was asked to provide CLA with any evidence it possessed, to augment their own, as some of their clients had been contacted by this Tenerife outfit. Our evidence along with that from CLA was then handed to the Guardia Civil along with a denuncia, this is now under investigation.

It has also been a little quiet at the courts so far with only one sentence being reported, once again Anfi are the culprits.

The Court of First Instance in Maspalomas declared another Anfi members contract null and void, ordering that over 55,000€ which also includes a double deposit be returned to the client, the court also awarded legal interest.

It does make you wonder who is telling the truth, Inside Timeshare leaves you the reader to decide based on the evidence presented.

truth meter

Now on with this weeks article from Irene Parker.

Timeshare Tips

Due to an Escalation in Volume and Criminal Nature of Complaints

White collar

By Irene Parker

January 28, 2018

IT Timeshare Tips #1

Inside Timeshare has received an astonishing number of reader complaints. Since January 1, 38 timeshare members have contacted us. Since we began counting late 2016, 291 complaints. The majority voice allegations that clearly meet the FBI definition of white-collar crime, Financial Institution Fraud.

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

Timeshare members should only contact the FBI if the allegations are of a serious nature. For example, “They promised me a cruise, but when I went to book it, it cost $1,000” is not a serious enough allegation. A free cruise that turns out not to be free is a frequent complaint, but would be best reported to the Better Business Bureau in the form or a complaint or a review.

Here is an example of a complaint that has been reported to the FBI and to BBB:

We were sold vacation points fraudulently by XXX sales agent SXXX MXXX Jan 2017 at GBO Resort. We went to a sales presentation. We met with sales agent S M, and told him our biggest complaint was the maintenance fees. Mr. M told us if we bought 3000 more points, to get to 5000 points, we would become Highest Loyalty Level members and we would be able to sell back points to pay maintenance fees at $.50 per point.

Criminal Complaint #1: The Highest Loyalty Level requires 50,000 points

Criminal Complaint #2: There is no program to sell back points to pay maintenance fees

He said, “You do this at the end of the year”

Criminal Complaint #3: By telling the victim to wait until the end of the year, and by not allowing access to the booking site until after the contract rescission period, the agent and/or company can dodge the rescission period.

He said this would be enough to pay all our maintenance fees.

This was what really sold us on the program.

Mr. M also said beginning in January of 2018 there would be a “cash out” option where XXX Timeshare Company would offer to buy our timeshare if we were not happy, we would probably take a loss, but we would be free and clear.

Criminal Complaint #4: There is no buy-back program

Thank you for using the Better Business Bureau’s Online Complaint System.

busted

As this is an active complaint, we will not publish the name of the timeshare member, the timeshare company, or the sales agent, to give the company a chance to make this victim whole again.

Most importantly, do not respond to anyone who private messages you, calls or emails offering to help you get out of your timeshare. Contact Inside Timeshare or your Facebook admin if you are contacted. Teams have been established to gather information to make a determination as to whether the company is legit. Most are not.

There is no federal enforcement other than timeshare advocacy groups. State enforcement is spotty at best. Contact Inside Timeshare or one of these U S advocacy groups we know not to be industry influenced.

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

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

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

Thank you to Irene and all those who proofread and edit the drafts, this article should prove to be very helpful to many of our US readers.

If you require any information about this or any article published, or just need help to decide who to trust and how to check them out, contact Inside Timeshare and we will point you in the right direction.

Remember to do your homework and stay safe.

calm homework

The Tuesday Slot with Irene

Welcome to this weeks Tuesday Slot with Irene, as you will see from her article this week there is certainly a lot going on across the Great Lake. For our US readers there is some very interesting information, it would seem that Inside Timeshare is certainly making an impact on timeshare consumers in the US.

On the European front, yesterday’s article regarding Anfi members complaints regarding availability, the article had a plethora of hits and likes on the associated Facebook page within the first hour. It also seems as though this topic hit home with our US readers as there were many from across the pond.

Yesterday we also had the first court ruling of the week, the Court of First Instance in Maspalomas found against Puerto Calma, declaring the contract null and void. The client in this case will be returned 16,000€ which is the purchase price, along with 3,600€ as double the deposit paid within the mandatory cooling off period. The court also awarded legal interest.

We will be keeping an eye on any latest rulings that come in and report them here, but now on with this weeks article by Irene Parker.

Timeshare Advocacy Group™

Proposed Committees and Support Groups

Volunt

January 23, 2018

By Irene Parker

Inside Timeshare is approaching 300 timeshare reader responses, responding to members asking for assistance with their timeshare concerns since we began counting late 2016. There is a need to scale up Timeshare Advocacy Group™ as we now have 44 core advocates dedicated to improving the timeshare sales process by working together as teams. We hope timeshare developers will acknowledge there are problems and work with us, to not only stop predatory backend “get you out of your timeshare” scams, but address the problem on the front end of the sale as well. Numerous calls to the FBI have been made, and they have encouraged timeshare members who feel they have been victimized by deceit, concealment, violation of trust and bait and switch, to contact their local FBI Field Office public access line to file orally, in addition to filing online at IC3.gov.

Diamond Resorts has taken the lead by launching a Diamond Resorts Consumer Advocacy department dedicated to helping timeshare members from day one if a member has any concerns about their membership or their purchase. They have also introduced CLARITY, a program designed to enhance accountability, transparency and respect for the customer.

https://www.loyalty360.org/content-gallery/daily-news/diamond-resorts-international-raises-the-bar-on-cu

Inside Timeshare has received complaints directed against four major timeshare companies. If timeshare developers and ARDA would take the time to read the following Better Business Bureau notations of “Government Action” and “Pattern of Complaints”, it is unreasonable to keep the blinders on by claiming there are no problems with the secondary market because sales centers are forever sales centers, and members should not expect value back for their timeshare because it is a “right to use” program. That would be fine were it not for the perpetual contract, often sold by false promises made by sales agents who know there is little chance of enforcement, as there is no federal enforcement, and state Attorneys General are limited in scope.

BBB warnings for Wyndham, Diamond Resorts, Bluegreen, and Vacation Village

Wyndham

Although the government action has been resolved from 2015, we included the warning to illustrate the tenure of the complaints.

Government Action

The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

Wisconsin – May 27, 2015 Wyndham Vacation Ownership, Inc. entered into a Consent Judgment with the Wisconsin Department of Agriculture, Trade and Consumer Protection (Case No. 15CX5). The Consent Judgment to settle allegations that Wyndham engaged in the following acts or practices in the State of Wisconsin:

 

  1. Delivering a timeshare disclosure statement that fails to include all statements required by Wisconsin Statute Sec. in a format that can be immediately read and retained by the purchaser.
  2. Representing that incentives are only available to the prospective purchaser for the remainder of the day in which the incentive was offered.
  3. Misrepresenting the resale value of a timeshare.
  4. Representing a timeshare as a financial investment.
  5. Making representations which are inconsistent with the purchase contract.
  6. Misrepresenting the reasonable estimated length of a sales presentation.
  7. Failing to clearly disclose that time shares were being offered at the initial contact with a prospective purchaser.
  8. Sending mail or coupon promotions to Wisconsin consumers that fail to comply with the prize notice requirements.
  9. Failing to inform the individual of the prize that has been awarded him or her, and then giving the individual the prize or another selected item, before beginning a sales presentation.

Wyndham consented to the Stipulation and Consent Judgment to facilitate a settlement and avoid the additional expense, delay and uncertainty of litigation. Wyndham does not admit that it has violated any laws of the state of Wisconsin.

Pattern of Complaints

BBB files indicate that this business has a pattern of complaints concerning misrepresentation in selling practices. Consumer complaints report that the verbal representations are inconsistent with the written agreement. According to complaints, claims include representations that the purchase is an “investment” and the same as “real estate” in that it will increase in value. Owners report mandatory meetings that they are led to believe are to introduce new features and benefits but result in a sales presentation to purchase or upgrade their points. In some instances owners are encouraged to complete a survey or questionnaire which results in another sales presentation to purchase additional points.

This Business Is Not BBB Accredited

Trish Williams, a former Wyndham sales agent was awarded $20 million by a jury alleging predatory practices.

https://www.nytimes.com/2016/11/25/business/my-soul-feels-taller-a-whistle-blowers-20-million-vindication.html

Bluegreen has this posted on their Better Business Bureau Report

Our file contains a pattern of complaints from consumers alleging difficulties canceling vacation packages booked through Bluegreen Corporation. Consumers claim, although Bluegreen Corporation has a cancel within 30 days policy, their requests for refunds for canceled trips are denied. Other consumers feel they are victims of deceptive sales practices. Consumers claim resorts are never available when they contact Bluegreen Corporation. While yet other consumers claim the “free” vacation Bluegreen Corporation offers is not free and involve fees they were not made aware of.

Diamond Resorts:

On December 23, 2016, the Arizona Attorney General announced that the State of Arizona entered into a settlement agreement with Diamond Resorts. The Assurance of Discontinuance requires the company to pay the State of Arizona a total of $800,000, of which $650,000 is for consumer restitution and $150,000 for attorneys’ fees and costs. The assurance also includes a Relinquishment Remedy Program, which requires the company to allow qualifying consumers to return their timeshares with no further obligations.

Many of the hundreds of complaints received by the State of Arizona claim the company used deceptive sales practices and made numerous oral misrepresentations during their presentations. Some of the misrepresentations regard:

  • Annual increases in maintenance fees;
  • Membership resale and buy-back programs;
  • Timeshare membership resale market;
  • Ability to rent timeshare vacations; and
  • Discounts on other travel needs.

The Attorney General’s Office alleged that the company employees’ actions and statements violated the Arizona Consumer Fraud Act.

Vacation Village has a Better Business Bureau rating of F

BBB files contain a pattern of complaints from consumers regarding sales practices issues. Specifically, several complainants have alleged that information provided during sales presentations does not match the terms and conditions in the written contracts that they are asked to enter if they agree to make a purchase following a timeshare presentation.

On March 23, 2017 BBB sent correspondence to Village Resorts requesting their voluntary cooperation in providing steps it will implement to eliminate the pattern of customer complaints.

As of May 12, 2017 BBB has not received a response from Village Resorts BBB will continue to monitor the complaints for Village Resorts and update the review as needed

So where do we go from here?

TIMESHARE TIPPING POINT proposed plan

January 21, 2018

#timesharemetoo

Time to Take Back our Vacations

Vacation

We are grateful to our Inside Timeshare readers and timeshare members who have reported their allegations of predatory and criminal timeshare sales and marketing. Due to the volume of timeshare complaints received, there is a need for Timeshare Advocacy Groups™ to restructure, as we are experiencing normal and expected growing pains.  

Three important goals proposed by Timeshare Advocacy Group™ advocates:

  1. Reach out to sympathetic lawmakers, Attorneys General and regulators,
  2. Change timeshare developer practices to allow those alleging they were defrauded to be made whole again, by not hiding behind the fine print, but to listen and learn. The enemy is not your customer. The enemy is your predatory sales agent.
  3. Reach out to military Facebook pages and websites to warn members of the military and law enforcement, due to the alarming number of complaints from law enforcement officers and all branches of the armed forces, alleging they were white-collar crime victims.  One Marine lost his air unit command and three are worried about losing their security clearance.

Anthony and Ashley Davis recorded their predatory sales presentation, which has been provided to law enforcement and regulatory authorities. This is our January 13, 2018 interview with Anthony and Ashley.

https://www.youtube.com/watch?v=phUjnrIG3bI    

Timeshare Advocacy Group needs sub committees or teams that work independently, coordinating with a central committee. Listed below are nine proposed teams and team leaders, based on their expertise and past willingness to serve.

Please let us know if you are willing to be become involved. Those alleging they have been victimized include doctors, lawyers, professors, law enforcement, the military, even a member who worked as a contract specialist for Consolidated Edison, and many others.    

Proposed Teams

44 Core Advocates

Our Core Advocates are members or former members of Wyndham, Hyatt, Bluegreen, Diamond, Vacation Village  

Reporting: Irene (4 members)

Media/Social Media: Gay Hart-Brewer (22)

State Real Estate Divisions: (anonymous) (5)

Legislative Efforts: Anonymous (8)

Secret Shopper: (anonymous) (5)

Military outreach and awareness: Jeff Diehl (20)

Timeshare Exit Scams: Karen Krokosh (7)

Foreclosure Support Group: Anonymous (3)

California Team: Ken Sylvia (7)

Member supported U. S. Timeshare Advocacy Facebooks

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

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

https://tug2.com/Home.aspx

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

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

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

Advocacy team

Contact Inside Timeshare or a member of a member supported, not industry influenced, Facebook or website.

Thank you Irene and all those who helped in this article, especially the legals who ensure that they are legally accurate.

If you require any further information on this or any article published, Inside Timeshare will be pleased to help.

 

The Tuesday Slot with Irene

In this weeks Tuesday Slot we welcome a new contributor Karen Krokosh, but first a quick look at what has been happening in Europe especially in the courts.

The year has certainly not started well for the timeshare industry, the first week of January has seen the Supreme Court in Madrid rule on 6 occasions against Silverpoint from Tenerife.

This court has declared these six contract null and void as they were over the 50 year period allowed by law, what is known as perpetuity, they also contained the points or floating weeks systems.

tribunal-supremo

The court also reaffirmed the position of the taking of any payment within the given cooling off period, even if taken by a third party as prohibited. This cooling off period was introduced to protect consumers and allow them to decide whether they wished to continue with the purchase, as these are usually made as decisions on the day.

The total amount the court has awarded in these cases is a staggering 321,274€ with legal fees and legal interest.

In another case against Silverpoint, the High Court in Tenerife has ordered the return of over £31,000 plus legal fees and legal interest to a British client. Again the contract was declared null and void as it contained the points or floating weeks system.

In the Court of First Instance at Maspalomas, another British client has been awarded over £19,000 plus legal fees and legal interest, with the contract being declared null and void. In this case the contract was sold by Anfi and was for a duration of over 50 years, which is not allowed under the Spanish Timeshare Law 42/98.

All these cases have been brought on behalf of client by the law firm Canarian Legal Alliance, so contrary to what the timeshare industry is is saying, this law firm is doing what it says and winning on behalf of their clients.

As they say the proof is in the pudding!

On with this weeks Tuesday Slot.

Sell My Timeshare Now,

A Timeshare Listing Service for Buyers or Sellers

Diamond Member Karen Krokosh Issues a Warning

face1

By Inside Timeshare Contributor Karen Krokosh

Comments about SMTN follow Karen’s article

January 9, 2017

I responded to a Sell My Timeshare Now (SMTN) solicitation. Not only did the company over promise the ability to sell Diamond’s non-deeded U.S. Collection points, they told me they could help me recoup expenses by renting my points. DRI does not allow renting through a third party site. As a resource for timeshare members, SMTN should abide by Diamond’s official rental policy by not accepting rental listings. Here is the current DRI rule:

2.5.1 A Member is not prohibited from periodically renting the Accommodation reserved for the Use Period or the reserved Other Redemption Opportunity pursuant to these Club Rules.

However, the use of Points to reserve Accommodations or Other Redemption Opportunities for commercial purposes or for any other purpose other than the personal use of the Member or the Member’s family and guests is prohibited. Use by a Member of public advertising or an online website to seek renters shall be deemed a prohibited commercial use.

Members who are primary developers of Club Resorts (that is, members of the Diamond Resorts International group of companies) and providers of Other Redemption Opportunities are specifically exempted from this restriction, and are entitled to use their reserved Accommodations and reserved Other Redemption Opportunities for promotional, rental, or other commercial purposes.

Diamond is not the only timeshare with little or no resale value. While some timeshares like Disney, Hilton and Marriott can be sold, it has been widely reported Diamond’s non-deeded points are especially difficult to sell. I contacted a few members of the Licensed Timeshare Resale Broker Association. Not one would accept a DRI listing, feeling the restrictions the company places on the use of secondary points are too severe.

http://www.licensedtimeshareresalebrokers.org/

SMTN agent Sandra Van Lanen suggested a list price of $12,000 for 3,000 points. We paid about $12,000, so in no way was that price realistic as I dropped my price from $12,000 to $7,500, $5,000 and $1,000 with no offers. What was SMTN’s response? They said, “It takes time.” There are about 15,000 Diamond Resorts members on a variety of Facebooks and websites and I’ve learned many of them would be willing to give away their Diamond points. I would have been laughed off these sites posting these ludicrous amounts. I am committed to exposing this company and others that are taking advantage of those already burdened by loan payments and maintenance fees.

Here’s what I paid SMTN:

The original “Advertising and Marketing” product was priced at $1,798. I was given a discounted referral of $1,498 USD, but paid initially a deposit of $699, agreeing to pay the remaining balance of $799 when the timeshare sells. Since that is never in almost all Diamond cases, I decided to cancel the lifetime listing. When you cancel, SMTN has the right to bill you for the remaining balance.

promotion

I have also learned many of the listing and resale companies are staffed by former timeshare executives and sales agents. Some are legitimately trying to help those desperate to get out of their timeshare, but others prey on the desperate. This is a Department of Justice report about timeshare resale and release scams:

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

Many timeshare buyers report they were sold a timeshare by deceit. I looked up the definition of racketeering. While timeshare exit plans are not violent crime against property, I see a similarity. The sales agents who sold us the problem are now the ones coming around to “help” us. “A common example of a racket would be if a group of people cut the tires of cars on a specific street, and then that same group, or one in concert with the one cutting tires offered ‘protection’ to the owners of the cars for a price. This fits the definition of a racket because without the organization’s slashing of tires in the first place, the demand for ‘protection’ would be low or non-existent.”

https://www.investopedia.com/terms/r/racketeering.asp

I have been trying to get rid of this timeshare for years. I was so relieved to find the member sponsored Diamond Resorts Advocacy Owners Facebook where I learned that Diamond has launched a new program called Transitions and from what Inside Timeshare told me, I am eligible! I am hopeful, waiting to hear back.

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

Comments about Sell My Timeshare Now by Irene Parker

After Friday’s article about the importance of Better Business Bureau ratings, I checked the SMTN BBB rating. My red flag was raised when I learned Karen paid up front money to list her Diamond points. Accepting upfront money to sell your timeshare is illegal in Florida, but it seems companies can work around the law by calling it an ad or subscription fee, or a market analysis.

http://insidetimeshare.com/fridays-letter-america-31/

SMTN has been sold twice since 2010. Scott Roberts is the owner of Vacation Innovations and SMTN is a wholly owned subsidiary of V.I.

The BBB has assigned SMTN a D rating. I called SMTN and talked to Mike. The first question I asked Mike is, “Can I rent my DRI points through SMTN?” Mike said renting DRI points is no problem. When I informed him DRI does not allow the renting of points through a third party site like SMTN, Mike said he would have someone from legal call me. We did not hear back. Irina Allen is one DRI member who had her Diamond account suspended, accused of renting points on RedWeek.

http://insidetimeshare.com/monday-start-another-week/

This is what BBB notes on SMTN, providing a good example of how the Better Business Bureau can assist consumers by providing important information.

According to BBB files this company has a pattern of complaints that centers around the company’s advertising claims. Complainants allege they are guaranteed a time frame in which their timeshare will sell. Many consumers allege the company makes a promise that their timeshare will sell quickly. The company responds to the complaints and reiterates the company policy which reads the company does not guarantee when a timeshare will sell.

On March 23, 2016 BBB reviewed the complaints on file and determined the pattern described above has not been eliminated. BBB sent a letter to the company requesting cooperation in responding to and eliminating the pattern of complaints.

BBB received a response from Sell My Timeshare Now (SMTN) who addressed concerns raised. SMTN has introduced a video that consumers are encouraged to view that clearly outlines their services. In their business model explanation SMTN says that: “…SMTN never promises buyers are waiting; does not request wire transfers, greendot moneypak payment or purchase of prepaid credit cards; does stand behind the services it promises and always strives to deliver excellent service to all of its clients”… Additionally, SMTN hired a law firm to review the complaints and details surrounding each one. This review of these recordings has shown that the communications between SMTN and individual consumers (when they are available) has been shown to differ. SMTN has also instituted training for salespeople. They are to only make promises that are consistent with the guarantees and promises made by the company in writing. SMTN is recording calls made by their sales people to confirm the training is being followed. SMTN now has a policy for their salespeople who consistently fail to comply with the training which results in their dismissal from the company. Finally, they informed BBB that they will be further training their customer care employees to offer to help earlier in the process and be sure to make certain the consumer is satisfied with the resolution.

On December 5, 2017 representatives of SMTN met with the BBB to update us on improvements they are making to their organization. They have taken steps toward improving customer service by hiring a new Customer Service Manager. They have put in place an “audit group” that will contact consumers on the day they sign the contract with SMTN and then again 90 days out as a way to ensure customer satisfaction. It is anticipated that by proactively working with their customers, the number of complaints will be reduced substantially. BBB will work closely with SMTN to follow their progress and to continue to address any complaints that may come in.

Consumers are, once again, requested to contact SMTN prior to filing a complaint with BBB at 1-877-815-4227.

This Business Is Not BBB Accredited

Sell My Timeshare Now, LLC

D

Customer Review Rating:

35%

62%

[12] Positive Reviews

[1] Neutral Reviews

[21] Negative Reviews

[34] Total Customer Reviews

[107] Total Customer Complaints

Composite Score:

Sell My Timeshare Now, LLC has received 1.93 out of 5 stars based on 34 Customer Reviews and a BBB Rating of D.

This content is provided by the business and may contain advertising. BBB does not review or endorse this content.

https://www.bbb.org/concord/business-reviews/timeshare-resale-and-rental-marketing/sell-my-timeshare-now-in-portsmouth-nh-92008632/Alerts-and-Actions

According to a post found on RedWeek, published on the internet, SMTN does seem to charge a considerable upfront fee. A member had asked whether they should buy timeshare points through SMTN.

Good question. Here is the straight scoop:

ken1193

1 month ago

Sometimes you will find a timeshare of interest on the SMTN site which may be available at a price acceptable to you. HOWEVER, you will have NO say or ANY choice regarding the “closing” entity. Closing costs through SMTN are quite excessive — multiple times the cost of customary and usual closing costs. You have no option to conduct a SMTN transaction “in person”, but that is the case in most any resale timeshare transaction, so SMTN is not unique in that regard. It would frankly be both highly unusual and entirely unnecessary to conduct a resale timeshare transaction “in person”. Objective, third party “closers” who have no association with either buyer or seller (not an available option via SMTN, unfortunately) look out for the interests of BOTH buyer and seller, holding all funds in escrow until closing if necessary. This obviously eliminates any need for any travel or physical presence by either the buyer or the seller just to “close” on a resale transaction.

With SMTN, you essentially have to determine ALL of the collective costs as a buyer and then ask yourself if that bottom line figure is acceptable to YOU to acquire that particular timeshare listing, despite the exorbitant closing costs. Far more often than not, the answer will be NO, but there are (relatively rare) exceptions. In all fairness, in the performance of your due diligence you really have to look at the big picture and ask yourself if the TOTAL expenditure involved justifies acquisition of that particular timeshare for YOU. You obviously first need to accurately determine the bottom line total figure before you can possibly make that fully informed evaluation and personal decision.

SMTN of course has nothing whatsoever to do with maintenance fees, regardless of the resort involved. Maintenance fees are determined only by individual resorts — and they are engraved in stone. That said, I would certainly want to verify the accuracy of any figures SMTN indicates as maintenance fees. This is very easily done by contacting the resort directly for confirmation of any figures claimed by SMTN in their listings.

Last edit by ken1193 on Nov 28, 2017 05:27 AM.

https://www.redweek.com/forums/messages?thread_id=14010;page=last

Keep calm Homework

Thank you to Karen for her advice! We look forward to hearing more from Karen as our first new Inside Timeshare contributor of 2018.  Contact Inside Timeshare or one of these member sponsored U.S. timeshare groups if you need help with a timeshare. It can save you money.

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

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

https://tug2.com/Home.aspx

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

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

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

If you require any information regarding this article or any other published on Inside Timeshare, please use the comments or contact form and we will get back to you. If you are considering using the services of any company and are unsure of how to check them we will also be pleased to help.

 

Friday’s Letter from America

Welcome to the first Friday’s Letter from America of 2018, we may be only 5 days into the New Year, but the Supreme Court has just made another ruling against Silverpoint.

Another client of Canarian Legal Alliance has had their contract with Silverpoint declared null and void, with the return of over £11,000 plus legal fees and interest. This now makes the number of rulings from the Supreme Court made by CLA to an astonishing 83!

Once again it is that time when maintenance bills start to drop onto the door mat, for many this is a difficult time, especially for the elderly who can no longer afford to pay the ever increasing bills.

For one elderly lady which Inside Timeshare has been highlighting for some time it has happened again. This is the case of Mrs B, as you will remember, MacDonald Resorts refuse to acknowledge that she no longer owns her timeshare at Dona Lola in Spain.

Mrs B and her sister, who are now in their late 80’s, employed the services of a company to be rid of their timeshares around 3 years ago. This company “sold” the timeshares and transferred them to another person, this was duly notarised by a notary in Spain. The Lanzarote timeshare has caused no problem, but MacDonald’s refuse to accept the transfer.

Mrs B has now received another demand for over £3000 for maintenance, obviously this will end up being sent to a debt collection agency which will incur even more fees.

It must also be remembered that they had not used the timeshare for over 10 years, yet still paid the maintenance until the transfer. Both are virtually housebound and cannot afford to pay these extortionate amounts.

Tony Hetherington has published several articles about MacDonald Resorts and their chasing of maintenance fees, even after the death of the owners or severe illness.

http://www.thisismoney.co.uk/money/experts/article-2698355/TONY-HETHERGINGTON-Even-death-not-rid-timeshare.html

MacDonald Resorts is one of the worst offenders in the timeshare industry for this type of behaviour, it is companies like this that have given timeshare the reputation it has. Greed it seems is the order of the day.

Now for this weeks Letter from America.

Hope for Beleaguered Timeshare Members!

Start with the Better Business Bureau

By Irene Parker

January 5, 2018

The Nightmare on Timeshare Street article scheduled for today has been cancelled because the resort listened and responded to the member. We don’t yet know the outcome, but at least the member has not been dismissed or ignored. The customer is not the enemy. The enemy is the timeshare sales agent that “pitches heat” making outrageous claims to sell points, knowing they are protected by the oral representation clause and that there is no federal enforcement.

If you have a complaint about your timeshare, first and foremost, contact your resort. It’s surprising how many who contact us have not tried to resolve their issue with the timeshare company before contacting an attorney or an exit company. It is the opinion of Inside Timeshare, in most cases, a member can accomplish what an attorney or an exit company can accomplish by following our complaint form. We are here to answer any questions for free.

How to File a Timeshare Complaint: Revised

In the U.S. it’s best to begin with the Better Business Bureau, although the BBB is not a regulatory agency. It is a nongovernmental nonprofit that serves to promote a community of business that consumers can trust. The BBB does not solve consumer disputes. Success is not based on the outcome, but whether the business responded or not.

A BBB complaint is the easiest to file and can serve as your blueprint as you work your way down the list of appropriate agencies. File a complaint only if you feel you were a victim of deceit and bait and switch. “I can’t afford this” or “there is never any availability” or “you can always book cheaper online” are not specific enough complaints.

We compare the Better Business Bureau ratings among five major vacation point sellers. First, an explanation of the rating process from the BBB website:

The BBB rating rates only how cooperative and responsive a business will be to consumer issues. BBB ratings are based on information in BBB files with respect to the following factors:

Business’s complaint history with BBB.

The BBB rating takes into account the following information with respect to closed complaints that relate to a business’s marketplace activities:

  • Number of complaints filed with BBB against the business.
  • The size of the business.
  • If complaints have been filed, whether in BBB‘s opinion the business appropriately responded to them.
  • If complaints have been filed, whether in BBB’s opinion the business resolved the complaints in a timely manner to the customer’s satisfaction.
  • If complaints have been filed, whether in BBB‘s opinion the business made a good faith effort to resolve complaints, even if the customer was not satisfied with the resolution.
  • If complaints have been filed, whether in BBB‘s opinion the business failed to resolve the underlying cause(s) of a pattern of complaints.
  • The age of resolved complaints. Older resolved complaints have less of an impact on the rating than newer complaints.

⦁ Type of business.

⦁ Time in business.

⦁ Transparent Business Practices

⦁ Failure to honor commitments to BBB.

⦁ Licensing and government actions known to BBB.

⦁ Advertising issues known to BBB.

From Best to Worst based on Stars

BBB Accreditation: If a business has been accredited by the BBB, it means BBB has determined that the business meets accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB accredited businesses pay a fee for accreditation review and monitoring for continued compliance.

https://www.bbb.org/council/for-businesses/about-bbb-accreditation/

Disney Vacation Club, Marriott Vacation Worldwide, Diamond Resorts International, Bluegreen Vacations Unlimited, Wyndham Vacation Ownership

                                                                     # of stars      # of Complaints       # of reviews +      –   neutral

A+ Disney Vacation Club                            5/5                             9                          1        1                   0      0

No Government Action No Pattern of Complaints

Accredited since 1991, in business since 1990

 

A+ Marriot Vacation Worldwide          3.68/5               123                                  11        0                   11     0

No Government Action No Pattern of Complaints

Not accredited, in business since 1994

 

A- Diamond Resorts International       3.27/5          1,115                                   89       2                  86      1

Government Action noted

Not accredited, in business since 1996

 

C+ Bluegreen Vacations Unlimited       2.47/5           781                                108         9                 95      4

Pattern of Complaints

Not accredited, in business since 1966

 

C+ Wyndham Vacation Ownership      2.39/5         2,085                             96             4                 92      0

Government Action noted and a Pattern of Complaints

Not accredited, in business since 1994    

Next week: The Consumer Protection Agency – What’s left?

A survey of all timeshare appropriate regulatory agencies:

http://insidetimeshare.com/chicken-soup-timeshares-soul/

Always Remember:

U.S. Self-Help member sponsored groups we believe not to be industry influenced:

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

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

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

Contact Inside Timeshare if you have questions about this or any other article published, we are here to give you the best advice possible.

 

More Nightmares on Timeshare Street

Today’s article is rather disturbing, it highlights how members of the armed services and veterans are being targeted by unscrupulous sales agents. For people who put their lives on the line, this behaviour is particularly obnoxious.

Timeshare Wars

Samuel Melendez, our Advocacy group thanks you for your service to our country

troops

By Irene Parker

Diamond and ARDA seek to destroy me. I know that sounds melodramatic, but sources tell me it’s true.  I’m confident this will happen sooner rather than later. The industry and ARDA’s answer to our advocacy efforts is to behead the messengers rather than examine the business practices of top selling agents. I’m told one executive even commented, “They are victimizing the uneducated,” in regard to Timeshare Advocacy Group™ and our efforts.

Please read the American Resort Development Association’s (ARDA) Code of Ethics and Eron Grant’s article about the code before reading the following ten reader reports about their allegations of deceit.

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

http://insidetimeshare.com/fridays-letter-america-14/

Diamond Resorts and Bluegreen each give $1 million a year in the form of voluntary “opt out” donations to the timeshare lobby, a PAC, called ARDA ROC. Members are told it is a nonprofit that helps timeshare members. It is doubtful many members even know what the letters ARDA ROC stand for. Marriott’s contribution is an “opt in” donation. It took several calls to have my $7 removed from my account. When I called in November, I was told it was a delinquency. Having researched timeshare for over two years, I was able to determine the $7 was moved from one account to another. I suspect it was to have me forget about it as it mushed into the 2018 invoice.    

In a span of ten days, Inside Timeshare has been contacted by seven active duty and retired military, describing how they say they were defrauded by predatory timeshare sales agents from four companies.  A 100 page summary of 249 complaints against timeshare sales agents and companies is available upon request by regulatory authorities. Of the 249 complaints, 233 are against Diamond Resorts.  I am a Diamond member. I did not choose to do business with Diamond. We were acquired in the ILX Arizona acquisition. If I were instead a Bluegreen member, 233 out of 249 complaints would be against Bluegreen. Bluegreen members have their own Advocacy group supporting members who want out of their Dream Vacation that can become a Nightmare when a life crisis occurs.  

troops2

Today we thank Samuel Melendez who spent 21 years in the army training soldiers, working with colleges, teaching chemical, biological and nuclear defense. When a military family is forced into foreclosure because they were lied to about being able to sell back points or finance at a lower rate, they don’t just lose their money. This can jeopardize their security clearance and their job.  Amanda Jones, featured in Tuesday’s article, has suggested individual base commanders be informed in the hope they will ban service members from attending timeshare presentations and events. “The Diamond sales agent that sold us points said he was a Marine. If he is not, that’s stolen valor. Base commanders need to be aware of the predatory nature of timeshare sales. My husband George and I, Navy computer technicians, feel we were victimized.”   

The Tuesday Slot with Irene

If seven members of the military, describing how they say they were defrauded were not enough in a week, Gay and Ed Brewer called me yesterday. My husband and I owned a bioavailability pharmaceutical research laboratory, but I have heard more grave medical conditions in the last two years assisting timeshare members, than I did in ten years as president of our company.   

Gay Brewer, 74 and Ed Brewer, 77

First, here is Diamond’s Rebuttal to my article written for Jim Cramer’s TheStreet about Apollo’s acquisition of Diamond dated June 30, 2016.

It is also incorrect to state that Diamond Resorts is “not interested” in liquidity in the resale market for timeshares because the company profits from “reclaiming” vacation ownership interests that are defaulted on by the customer. To the contrary, Diamond Resorts understands that customers experience life events that change the circumstances from when they originally purchased vacation ownership interests. That is why the company not only permits resales, but we also recently announced a new “Transitions Program” to launch soon, and will allow those in good standing to relinquish their points to the company in a simple, safe and respectful manner.

https://www.thestreet.com/story/13624491/1/is-apollo-returning-to-its-junk-roots-with-its-acquisition-of-diamond-resorts.html#2

The snag is “in good standing” because almost all timeshare members contacting Inside Timeshare say they were pressured into high interest rate loans. All timeshare companies can and do cancel loans. I’ve come to learn it is a matter of who wears down whom first.

According to Gay Brewer,

Ed’s heart stopped beating three times this past year. He has had a prior heart attack. He has had a Pacemaker defibrillator implanted which has fired three times. He cannot fly on an airplane or be exposed to high altitudes. He is monitored 24/7 by a Holter monitor. We had to evacuate our California home due to the Liberty fire. At present we are receiving 12 collection calls a day (six each) from Diamond’s collection agents.

Deneice Vargas, another Diamond member in foreclosure (her husband Louis is diagnosed with Bell’s palsy), told me “When DRI Consumer Advocates are not busy advocating for members by researching and providing the member’s initials on the fine print, in response to “the sales agent said”, they make collection calls.” The oral representation clause may make this legal robbery, but Social Media is eventually going to catch up. Several attorneys have told me the oral representation does not allow timeshare companies to get away with sale agents who lie, but there is virtually no enforcement. State enforcement is spotty at best.

The Brewers were Monarch owners. Like so many, they were told they had to give up their deeded week. This was not true. Four or five contracts later, after the last up-sell at Diamond’s Polo Towers Resort, they decided they regretted buying points due to disappointment in availability. While I find good value in Arizona and Orlando using points, limited availability is a major complaint voiced by Diamond and Bluegreen members. The Brewers have written to DRI Consumer Advocacy:

Diamond Resorts Consumer Advocacy

We are asking our loans be cancelled due to medical and financial hardship. We were told we would not be able to use our Monarch week unless we bought DRI points and that our Monarch week was worthless. We were never told of the option to deed back the week to DRI. Due to the burden of medical bills, we have not made payments since July and will not be able to make future payments.

We contacted Exit Timeshare as they guarantee timeshare release but they said they would charge us $28,000. I contacted Irene Parker. She told us to contact Diamond Resorts Consumer Advocacy instead. She said DRI Advocates have helped many in our situation. We were not aware there was a DRI Advocacy program.

Please contact us as soon as possible. It was never our intention not to meet this obligation, despite the fact that there was never adequate availability when we tried to book and we were never told of the option to deed back our Monarch week. We have learned that on TUG Timeshare Users Group, DRI is accepting more than 95% of requests, if in good standing.  

Thank you for your consideration.

Gay Brewer

army

Samuel Melendez Response to DRI Advocate Ben from Irene Parker

Mr. Melendez, DRI Complaint #207/233, is the eighth Platinum member to contact Inside Timeshare alleging financial institution fraud, deceit and bait and switch by DRI agent Rick Casper. The depth of corruption and the degree of criminality is now over my head, based on Karen Varten’s and Samuel and Delores Melendez report preceded by 231 others. Mr. Melendez and Ms. Varten have both reported a negative outcome.  

The Melendez family Edward Jones financial planner contacted me, so I am responding on the family’s behalf. I retired from Edward Jones Hawaii. Their EDJ financial planner had researched timeshare a little and found a law firm offering legal assistance for well over $10,000. He asked me if he should refer the family to this lawyer. I have nothing against the firm he mentioned, but I told the EDJ broker to hold off because I have referred seven other Rick Casper Platinum up-sells to Diamond Resorts Consumer Advocacy and they have helped all of them. They reported a positive outcome, albeit one needed the assistance of the Arizona Attorney General. What did Mr. Melendez receive from their Diamond Consumer Advocate as a response? Basically, they received a reminder of the oral representation clause, and their initials on the fine print, despite seven other identical Rick Casper complaints from members who received positive outcomes.

I spent a good two hours on the phone Monday with the FBI. My new neighbor is a federal prosecutor on sabbatical from California. I asked him for advice, but he only knows about murders. After speaking with the FBI (for the fourth time), and a few lawyers, I am convinced the oral representation clause does not hold water when used to hide behind. The FBI explained what it’s going to take, so we are filing complaints first on the FBI website IC3.gov and then orally, on the FBI tip hotline, found on the FBI website. Rick Casper is not the only DRI sales agent pitching bogus resale and maintenance fee programs that don’t exist. We have recently received complaint about a Las Vegas sales agent by the name of Adam Mendenhall offering point upgrades that would allow paying maintenance fees at $.30 per point. This program does not exist. DRI sales agents that make $1 to $2 million a year in commission tend to get more attention.  

One of our core advocates is a Tampa detective. She has advised us to file with the Nevada Real Estate Division. She was duped by Bluegreen. Like the detective, Scotty Black, DRI Complaint #164, works in law enforcement and has a MS in Criminal Justice. At least I have some help.

George and Amanda Jones, DRI Complaint #211, a married couple living in Virginia, are Navy computer technicians. Scotty, George and Amanda cannot afford their timeshare because of being told it would be easy to get their timeshare refinanced at a lower rate because the DRI sales agents told them there are many companies that specialize in refinancing timeshares, among other allegations. Forced into foreclosure, they could lose their security clearance and their job.  

Last week I was contacted by seven members of the armed forces, active duty and retired, four DRI complaints. Only the Air Force is not represented. Karen Varten, DRI Complaint #219, a Platinum up-sell, was contacted by DRI Marketing San Diego, hosted by Florida DRI sales agents in Virginia. Karen owned 57,000 points. She was told if she bought 25,000 additional points (totaling  82,000), if purchased today, she would have double points so 165,000 points to cover all maintenance fees and still have points left to travel. What was the response to her complaint? She was provided her initials on the contract.   

Preying on the young and old is bad enough, but Mr. Melendez taught our young men and women in the army how to defend themselves against biological, chemical and nuclear weapons. He sent a lot of those young people to war, and some of them did not return, protecting (alleged) predators like Rick Casper and, as the reports below offer compelling and compounding evidence, Diamond Resorts as well. Circumstantial evidence is still evidence.

Mr. Melendez has filed complaints with the FBI and the BBB. In the unlikely event DRI will help this family, please contact him by Wednesday, before we publish this article. There would be nothing that would make me happier than to end the year with a happy outcome for someone who spent 21 years teaching soldiers how to be protected from biological, chemical and nuclear weapons, instead of forcing this family to fork over – more than $10,000 the family will need to pay an attorney to get them out of this mess if DRI does not help them. After the last Rick Casper up-sell, their monthly payment has escalated from $431 a month to $2200. They told me they told Mr. Casper they were worried about passing this burden on to their heirs.  

All of the Platinum members listed below liked DRI, but now tell me they think this is the most crooked company in existence. I feel a little like Martin Luther, thinking the Catholic Church would appreciate his exposing corruption in the Catholic Church.  ARDA has had the same reaction as the Pope did then. A copy of all reports is sent to ARDA’s General Council and CEO in the hoping they will read their Code of Ethic.  

Irene Parker

Seven other Rick Casper Platinum up-sells totaling $819,000 including Mr. Melendez $133,000.

1 CL $75,000

During our meeting we were told about all the new changes that had been discussed at the Dinner that would allow us to sell our points. My husband has Cancer so all that was going through his mind was trying to make a choice that would help me later on if the Chemo doesn’t work and when Rick Casper convinced him this was the answer that’s all my husband heard. When we were in that office he was Stage 4. He has Colo-rectal Cancer that has spread to his Liver and Lungs. Our Las Vegas trip was something we wanted to do before my husband started his treatment.

I don’t understand how the DRI finance team could even approve us for a $75,000 loan for Timeshare Points when we had been turned down from two different companies while trying to refinance our house just this past year. Both requests were for under $100,000.

2 Nancy Callahan, age 69 $142,000

http://insidetimeshare.com/another-nightmare-timeshare-street/

3 KK, age 61 $117,000

We have a picture of Rick and pitch

Questionnaire sheet last two questions: Had you attended dinner? What is your exit strategy? Apollo had dinners informing members Cloobeck was leaving.  Not everyone heard the presentation so Rick was talking to members Platinum about the Legacy program. He said DRI never allowed you to sell points. This will. He knows real estate people can get $5 on resale for DRI points. New members are paying $9 so if you buy at $4 it is easy to sell. He had contacts that he could set us up with. 12/29/2016

4 RB, age 66 $75,000

Mr. Casper said on at least four occasions I was eligible for a Pool Party Upgrade that would provide an exit strategy. He said the program was about to expire so I needed to write a sentence that said I wanted to do this and he would get the purchase approved. I never received a copy of the sentence. The purpose of the purchase, according to Mr. Casper, was to make my existing points more valuable. Mr. Casper went on to explain that this exit strategy would allow me to monitor and sell the points. He mentioned that he is a family man and does not want to pass his points and maintenance fees on to his kids.

5 JH, age 56 $132,000

“The main benefit that he presented was the ability to convert points directly into cash at $0.30 per point. If at any time during the year we had leftover points we could be reimbursed for those points in cash.  All we had to do was contact Dan Percy and he would process the transaction and put the money on our reloadable Visa card.”

I continued to ask questions about each benefit so that I would be certain.  I worded questions differently to see if I would get the same answer.  I threw out this scenario; “If at the end of the year I have 30,000 points still sitting in my account, you’re telling me that I can get reimbursed cash for these points at $0.30 per point.”  His response; “Absolutely – You contact Dan Percy and he will load $9,000 onto the Visa card.” We purchased 40,000 points to get us to the level of “Super Platinum”.

6 AC, age 68 $55,000

http://insidetimeshare.com/wednesday-article-america/

We purchased an additional 20,000 points on July 16, 2016 for $55,200 from Richard Casper, at Cancun Resort, Las Vegas. The reason we purchased these points is because Rick told us if we went from Gold, to Platinum status, he could sell the points if we needed to. In addition, he told us we could substantially reduce our maintenance fees by submitting receipts to him for goods and services. We have never seen a tangible way to reduce our current $8,685 maintenance fees.  

We contacted Richard Casper by email on April 7, 2017 because we need to sell the 20,000 points. We received an autoreply stating to contact VP Dan Percy. We talked with Dan Percy on April 14, 2017. He stated that Diamond Resorts sales personnel don’t assist people who need to sell points and are not allowed to provide any company names that buy and sell timeshare.

In addition, during our sales presentation with Richard Casper July, 2016 we asked about combining our eight contracts. He advised that any free and clear points sold on the resale market will have the same benefits except loyalty level as long as no more than 20,000 points to one individual and it would be better not to combine the points. He stated that many Gold owners would be happy to buy 20,000 points at the lower price to become Platinum owners.  

7 JM, age 61 $90,000

Rick Casper was introduced to me as a Platinum specialist. Mr. Casper said I made a big mistake buying Hawaii points and a bigger mistake transferring the 20,000 points I bought in Daytona, due to a class action lawsuit against DRI members causing exorbitant increases in maintenance fees because of storm related beach erosion.  

Mr. Casper said I had to transfer back to US Collection and if I owned 100,000 points I would be unofficially known as a double platinum member and I would be able to sell any unused points in November and December each year back to Diamond at 30 cents per point, as DRI could sell those points annually to other members. Mr. Casper said this was closely regulated by the authorities. Mr. Casper said by selling these point back to DRI at 30 cents per points I could pay some or all of my maintenance fees for that year and any years to follow. Mr. Casper said this would allow my children not to have to pay maintenance fees.  

“You are really passing your children a bill.  We have a new program if you reach me in November to let me know what you did not use. Diamond will buy them back at $.30 for that year only to, ‘put them back in the kitty’. We need the points because we can sell them to other people who need them.” He illustrated the money we would be paid on a piece of paper.  “What are you waiting for? This is a no brainer,” he said. Mr. Casper convinced me to return to the US Collection the 20,000 points I had transferred in Hawaii 2015 due to beach erosion. I purchased an additional 30,000 points. I now owned 115,000 points.

In November 2016 I called Rick Casper to inform him I had 80,000 points I wished to cash in so that I would receive $24,000 (at 30 cents per point) as Mr. Casper illustrated during our sales presentation.  However, he denied any knowledge of any such arrangement. I explained I had a guest with me at the time, S L, who heard everything he said.  .

Mr. Casper said the reason for the 30 cent per point program was due to the sale of Diamond to Apollo. Mr. Casper said Mr. Cloobeck wanted to do something for members who owned over 100,000 points to show his appreciation so he included the 30 cent per point program in the terms of the Apollo buyout.  SL and I clearly remember this conversation

My current loan payment at the time of the presentation was $1,650 per month. Mr. Casper multiplied that by 12 totaling $19,800 in payments annually plus $14,000 per annum in maintenance fees or $33,880 for annual maintenance fees and loan payments combined. He divided this figure by 12 resulting in $2,816 per month. In the 50,000 additional points Mr. Casper offered, he stated it would only cost an additional $400 per month or $4,800 per year. If I sold back the additional 50,000 points at 30 cents per point I would receive a check back for $15,000.

As stated previously, when I contacted Rick Casper to sell back 80,000 points, he acted as if he did not know what I was talking about. I own a truck leasing business and S is a secondary school teacher. In no way did we misunderstand the figures above.  

There was undue pressure to open a Barclaycard. I explained that I did not need an additional credit card. Rick Casper insisted I open a Barclaycard. I feel the Barclaycard is part of the strategy used to play out what I consider to be a con. 

I then spoke with Dan Percy and then Seth Johnson. I thought Mr. Johnson and I were close to a resolution when he suddenly stopped responding to me.   

At a meeting in Palm Springs, CA between Christmas and New Year’s 2016, we met with someone who seemed to be an ombudsman about the poor accommodation we had been assigned. During the course of our meeting I mentioned Rick Casper. She closed her book and said, “This meeting is over.”  I asked several times why and she finally said Rick Casper was under investigation.

I want to return to the 50,500 points I originally owned prior to the deceitful sales. I was not unhappy with Diamond until the deception started.

8 The first Monarch complaint I read in 2015 back in the day when I thought the Cancun Resort was in Cancun.

Burns

Former DRI CEO David Palmer’s friend from ADW Capital, recommended Diamond’s stock because there is no secondary market. This is a mock interview I published after reading the above complaint, shortly before I received an executive perk agreement leaked to us about how Diamond founder and former CEO Stephen Cloobeck was allowed, as a perk, 50 hours use of the most expensive aircraft in the DRI fleet with the flight crew, for non-business use. Last time we checked, Mr. Cloobeck is running for Nevada Governor, lauded for donating $400,000 to the victims of the Las Vegas shooting.  

http://insidetimeshare.com/new-across-atlantic/

Leon Black, founder of Apollo Global Management, is worth $6.5 billion, according to Bloomberg. David Palmer earned $19 million in two years, a small portion of the wealth generated for his family during his tenure as DRI CEO.  As a former stockbroker and financial planner, I have nothing against generating great wealth, but not like this.

Diamond’s response to the six military who say they were defrauded: Free tickets for military members for their next event.

https://www.insidethegate.com/2017/12/military-first-responders-to-receive-complimentary-tickets-to-third-annual-diamond-resorts-invitational/

 

How to File a Timeshare Complaint: Revised

How to File a Timeshare Complaint

Revised December 15, 2017

Start with the FBI if a victim of a “bait and switch”

fbilogo

By Irene Parker

Inside Timeshare has received 238 US timeshare complaints (135 since our last complaint form revision 9/17). An escalation in the criminal nature of allegations, especially, voiced by nine active duty and retired military, led us to the FBI. If your timeshare experience has met the FBI’s definition of white collar crime, financial institution fraud, the FBI’s appropriate guidelines are described below. I followed their recommendations after speaking with two FBI intake workers and two FBI agents over the past year. According to the FBI website,

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).

http://insidetimeshare.com/timeshare-advocacy/

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

Mortgage fraud (which is the option timeshare buyers fall under) 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.

“The 3Rs or F of Timeshare” allowing the beleaguered timeshare member to put a bad decision in the rear view mirror are:

  • Resolution
  • Relinquishment
  • Refund
  • Foreclosure

http://insidetimeshare.com/part-ii-three-rs-timeshare/

The most common complaint:

  • The agent said I could sell my points

The backend of timeshare fraud has been widely reported, but there has been little attention paid to the front end. This US Department of Justice timeshare scam report details the extent of the fraudulent resale industry. Many of our Advocates feel the front of the timeshare sale contains a comparable level of criminal activity, based on 223 of our 238 complainants alleging they were victimized in a way that meets the FBI definition of financial institution fraud.  

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

How to File a Timeshare Complaint

Name (s) and age of member

Phone Number

State of Residence

Member Number

For each contract or for the contract in dispute:

Where Purchased and Date of Purchase

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Amount Financed and Interest Rate

Current Loan Balance

Loan Number

Current Maintenance Fees

Name of Credit Card (if one was used)

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

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

If your investment is $40,000 or less and you owned and used your timeshare for ten years or more consider relinquishment.

Complaints expressing dissatisfaction with general availability will go unheeded, as will a request based on not being able to afford the timeshare. The FBI complaint should be filed only if there are credible allegations of deceit and bait and switch.

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.

The most common allegation is bait and switch. If you feel you were deceived, list the reasons why.

How Advocacy Works

Email Inside Timeshare your complaint if you would like to talk with someone about your concerns. Before you begin, raise your right hand. Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? It is important to present your information factually and without opinion or inflammatory language.

Consider becoming a volunteer report writer if you have reporting experience.

If you have questions about this form, email Irene Parker

[email protected]

Cell – 270-303-7572 EST Feel free to call any day of the week from 1:00 to 5:00 PM EST or email to schedule a call. All calls and emails are returned within 24/48 hours. If you do not receive a response to your email, please call.   

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 listed below. We have also developed media relationships and will continue to work with broadcast and print media to alert the general public as to what questions to ask before buying a timeshare. Life events, such as a hurricane, can change your life in an instant or a day. If your timeshare provides no secondary market, it can make a member feel hostage to their vacation plan. Contact a member of the Licensed Timeshare Resale Broker Association to find out whether your timeshare has a secondary market.

http://www.licensedtimeshareresalebrokers.org/

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 or inform you, “If something was important to you, you should have asked for it to be put in the contract.”  They may conduct an investigation and report back that the sales agent(s) denied your claims. File a rebuttal if you disagree.

Depending on the nature of your complaint, especially complaints directed against an agent with multiple complaints on file, an Advocate may file your complaint on your behalf with the firm’s public relations office and ARDA, the timeshare lobby, for violating ARDA’s Code of Ethics. ARDA’s Code of Ethics can be found on ARDA’s website. We do not recommend owners make the voluntary opt in or opt out ARDA ROC contribution on your maintenance fee invoice for ARDA ROC (Resort Owners Coalition). ARDA is basically a PAC that lobbies for the industry when the issue is one that is at odds with members. We will also inform NTOA (National Timeshare Owners Association) and the bank that financed your loan or issued a credit card through the Consumer Protection Bureau online complaint form. By having the Advocate file on your behalf, we can track complaints, documenting patterns of criminal behavior.

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. It may take up to 30 days to hear back from the resort. If you feel you were a victim of deceit and bait and switch, give the resort a week to respond before filing regulatory complaints.

The member will report back to us with a positive or negative outcome. Due to the required non-disclosure or mutual release form, terms and conditions will not be discussed. Just report a positive outcome or resolution.

Once the resort denies your claim begin filing complaints with regulatory and law enforcement agencies beginning with the FBI if you feel you meet the definition of white-collar crime. There are three ways to report to the FBI. We recommend calling the nearest field office after filing with IC3.gov. Filing online will help you organize your thoughts.

https://www.ic3.gov/default.aspx

You can find the nearest field office from this website.

https://www.fbi.gov/contact-us/field-offices

The FBI assigns Financial Institution Fraud the highest priority.

The next step is to file a complaint with the Attorneys General of the state where you signed your contract, where you live and where your resort is domiciled. It can take a month or more 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.

If there was an unauthorized credit card charge or you feel you were deceived into signing off on a loan, you should file with the Consumer Financial Protection Bureau under the mortgage option (even if no mortgage) and select the bank that financed your loan or issued a credit card. One common complaint is that the buyer was told they could get a lower interest rate from a bank or credit union. File with the CFPB only if there is a loan outstanding or a credit card was used.

https://www.consumerfinance.gov/

You should file a complaint with the state Real Estate Division in the state where the agent is licensed if your complaint is against a sales agent. The Advocate can help you if you don’t know the agent ID number. Timeshare sales agents are real estate licensed in most states.

File with the Better Business Bureau, although the company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints.

Most importantly, 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 pitfalls before engaging in a timeshare sales presentation.

Our “Chicken Soup for Timeshare’s Soul” Inside Timeshare article is linked at the end of this article explaining what to expect or not expect when you file with a regulatory or law enforcement agency.

Summary of Regulatory and Law Enforcement Agencies

  • The FBI at IC3.gov portal, if you feel you were deceived by a bait and switch, and then contact your nearest FBI field office to file an oral tip.
  • Attorneys General where you signed, where you live and where the resort is domiciled. 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. “Right-to- use” membership programs are not defined as real estate, but the agent is typically a licensed real estate agent.
  • ARDA if you feel ARDA’s code of ethics has been violated.
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, publishes timeshare articles online focusing primarily on the need for reform and oversight.
  • The Consumer Financial Protection Bureau under the mortgage option, selecting the bank that issued the travel credit card or financed your loan.
  • The Federal Trade Commission – due to lack of secondary market
  • The Better Business Bureau
  • 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 a lot of work, it is, but you can file with some, all, or none of the agencies. We feel “Action and Advocacy” is the way to change questionable timeshare business practices. Change requires volumes of complaints.

What to expect from regulatory agencies

http://insidetimeshare.com/chicken-soup-timeshares-soul/

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 to Inside Timeshare.

Who We Are and Why We Do This

The timeshare industry is wealthy and powerful, able to influence politicians and Attorneys General. Timeshare owners typically are struggling with maintenance fees, unorganized and alone. Venting on complaint sites has no effect whatsoever.

There are a number of timeshare members and non-timeshare member advocates working behind the scenes to assist in the complaint process. If all else fails, we will refer 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.

After retiring from Edward Jones working as an Investment Representative, I worked three years as a CASA supervisor, writing and editing court reports for Family Court on behalf of foster children. I find two commonalities between children of abuse, neglect or dependency, and deceptive timeshare sales.

  1. The abnormal becomes the normal. After hearing 238 complaints, we fear deception is endorsed and encouraged by some timeshare companies. I have interviewed twelve current and former timeshare sales agents and managers. I’m told making false claims is called “pitching heat” or “No Heat, No Eat”. Of course not all sales agents are dishonest. We hear primarily from buyers seeking assistance when victimized by unscrupulous agents. Inside Timeshare endorses Disney because of their scarcity of complaints.
  2. Victims are silenced and isolated via non-disclosure agreements and arbitration. Encourage those considering the purchase of a timeshare to opt out of arbitration. This must be done normally within thirty days of signing the contract. Non-disclosure is appropriate in the case of a settlement, but when a family receives nothing after an alleged bait and switch, after spending $5,000 to $500,000 or more on a vacation plan, not allowing the victim to say anything disparaging about the company seems harsh. We receive many calls about this clause.  

There are many who use and enjoy their timeshare. My husband and I owned three timeshares for 25 years with no problems or complaints. After we attended a pathetically aggressive sales presentation in 2015, I began researching the industry, writing articles and assisting timeshare victims. I am not compensated by anyone. Our Advocacy group is composed of volunteers. We hope there will come a day our Advocacy Group is not needed.

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/

get involved

December 15, 2017 Irene Parker Timeshare Advocacy Group™

 

The Tuesday Slot with Irene

In this week’s Tuesday slot Irene Parker looks at another military family who have fallen foul of deceptive sales practices. As usual Irene sent a draft of the article to Bluegreen for comment, at the eleventh hour, Bluegreen responded.

They have offered to cancel the loan, so fair play to them, Inside Timeshare thanks Bluegreen for taking note. The article has been changed in light of this, but is being published as a warning to other consumers to be aware and do their due diligence. Irene will also be writing a follow up article on Bluegreen’s response to the BBB.

Another Military Family Wages War against Timeshare

Will Bluegreen Honor those whose sacrifice is so great?

Terry and Linda Carter

soldier

By Irene Parker

December 12

Terry Carter served his country in Iraq and Afghanistan. He was discharged for medical reasons. Burdened with caregiving, Linda Carter reached out to Inside Timeshare for help. The family alleges they were sold a Bluegreen timeshare by deceit and a “bait and switch” told the timeshare would be easy to sell for a profit.

After filing a Better Business Bureau complaint, Linda was informed December 11, 2017, their loan would be cancelled, but they would not receive a refund. One reason listed was because they had used their points. What does use of the points you had been paying for, have to do with being told you bought the timeshare on the promise that the points would be easy to sell? This is one of the most common complaints voiced by our readers.

The oral representation clause included in all timeshare contracts states: “I did not rely on any oral representation to make my purchase.” This translates to “Never believe anything a timeshare sales agent says.” The family tells their story hoping to warn others to think twice before buying any product that can’t be sold, or if sold, brings only pennies on the dollar.  

Linda was initially upset because she thought a loan cancellation would only stop the phone calls, but the hit on their credit would prevent them from obtaining a loan through the VA to buy a house. The representative ended their conversation saying she would love to help them book a vacation though! Linda was astonished. Terry has been diagnosed with blood cancer common among vets living near a burn pit.

I told Linda about the class action lawsuit Mike Finn of the Finn Law Group initiated that resulted in over 11,000 Bluegreen members getting foreclosed changed to “charged off” on their credit report.   

“Several developers are using a similar trust based hybrid product like Marriott’s. I think Bluegreen may have initiated it originally, but don’t hold me to that. Yes, the products are very similar. I felt Bluegreen was intentionally hurting their defaulted owners with their credit reporting as ‘foreclosures’, when I knew this was incorrect for the same reason as the allegations in the Marriott lawsuit, namely that the interest the ‘owner’ ends up with is personalty, not real estate. You cannot accurately call a personalty repossession a ‘foreclosure’ as there’s no legal procedure to ‘foreclose’ on personalty, according to UCC codes. My efforts to get Bluegreen to change were ignored; hence our litigation which resulted in at least 11,000 individuals getting foreclosures redacted from their credit reports. However, in our preparation, at the last minute, we researched the Florida timeshare act and realized Florida had anticipated our move! The statute was modified to define the Bluegreen timeshare plan as “real estate”. It was like legislating a duck into a goose,” as Mike explained in our Marriott article about the racketeering lawsuit filed against Marriott Vacation Club alleging Marriott charges closing costs and other fees associated with real estate, when the product is a right to use product, like a gym membership.

https://www.finnlawgroup.com/learning-center/timeshare-vs-vacation-home

A lifetime is a long time to bet nothing will happen to make the timeshare unaffordable. Inside Timeshare has heard from 237 angry and desperate timeshare buyers of which 222 allege they were sold or up-sold by deceit and bait and switch. Almost all allege they were told their points would be easy to sell.

Terry’s story

After 9/11 Terry volunteered to go to Iraq. He was close to retirement so he felt it was the last thing he would be able to do for his country. After he got in country, he again volunteered with six other guys to be on a team deployed to Basra where the British had a FOB.

A forward operating base (FOB) is any secured forward military position, commonly a military base, used to support tactical operations. (Wikipedia)

Terry was the lead man for the C-RAM program.

C-RAM: Counter Rocket, Artillery, and Mortar, abbreviated C-RAM or Counter-RAM, is a set of systems used to detect and/or destroy incoming artillery, rockets and mortar rounds in the air before they hit their ground targets, or simply provide early warning. (Wikipedia)

He and his guys would monitor incoming fire. Basra was one of those places where they were the only Americans so it was hard to get medicine and supplies. Terry and the guys lived in tents next to burn pits where the British burned anything that could be burned. He received a letter stating that he lived next to the pits.

Then there was Afghan. Terry was there for eighteen months until he was sent home after a diagnosis of blood cancer. He also served twenty years in the National Guard. Terry is 55 years old.

I really don’t know what else to say – he lived army ‘til he couldn’t anymore.

thankyou

Terry and Linda

There are two more words to say.

Linda and Terry’s complaint sent to Bluegreen November 16, 2017

We were told in Gatlinburg at a group presentation that Bluegreen points were an investment and could be sold for a profit. My husband was diagnosed with blood cancer in 2014. We can no longer afford the timeshare and now know the agent lied about being able to sell Bluegreen points. We are not concerned that we cannot make a profit as the agent claimed, but have learned Bluegreen points are virtually worthless should a member need to sell. Bluegreen agents should not sell points based on the points being an investment. There were several in the room who heard this claim as it was made in the group presentation and in our individual meeting. Also, Cammie said all we had to do is when we got back home was go to our bank as we wouldn’t have a problem getting a lower interest rate. This was not true. Banks will not finance timeshare. Please help us.

Linda Carter

Thank you to Linda and Terry for sharing their story. Our advocates feel that until deceit and bait and switch on the front end of the timeshare sale is acknowledged and addressed, nothing will change.  

Business etiquette advice for customer service representatives (Article link not included as the article had “We Buy Timeshares” ads all over it)  

  1. Return calls promptly. Respond to messages as soon as possible, especially if the issue is time-sensitive. If the phone message relates to a complex issue that will take time to assess, have the courtesy to touch base with the person, acknowledge receipt of the call and let them know you are working on gathering the specific information. When possible, provide a timeline for when you will get back to the caller. For example, “I received your message inquiring about when our next shipment will be available. I have several phone calls in to our distributors, and I anticipate hearing back from them at the first of the week.”

customerphone

Inside Timeshare does return phone calls and emails promptly. Contact Inside timeshare or a member supported self-help group if you have a timeshare concern or would like to share your story.

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

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

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

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

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

 

If you have any comments about this or any other article published, or you are looking for help and advice on any timeshare related matter, contact Inside Timeshare. We are here to give you the truth and the best advice possible.

  

 

The Tuesday Slot: Giving You a Helping Hand

For many people it can be a daunting task to prepare a complaint against a large company, how is it written, who do you file it with? These are all questions that need to be answered.

In Europe the matter of making a complaint against a timeshare company has actually become easier, especially in Spain, where the laws are on the side of the consumer. But trying to deal with a company that has for the most part tied you up in contracts and legal jargon, has resulted in many complaints by consumers just being put aside with the feeling what is the point?

In today’s article Irene shows how to write the complaint and who to file it with, the most important point is don’t let it get you down there is always help out there. So on with the advice.

How to File a Timeshare Complaint

complaints

By Irene Parker

September 12, 2017

After Inside Timeshare received 135 US timeshare complaints (as of September 8, 2017), this guide evolved to use as a blueprint to file a complaint. Previously, we published an article called “The 3Rs or F of Timeshare” because no one should have to own anything in perpetuity if they can no longer use or afford the product.

http://insidetimeshare.com/part-ii-three-rs-timeshare/

How to File a Timeshare Complaint

  1. Name (s) and age of member
  2. Phone Number
  3. State of Residence
  4. Number of points owned per contract
  5. Member Number
  6. Loan Number  
  7. Current Maintenance Fees
  8. Total purchase price per contract
  9. Location purchased
  10. Sales agent and sales agent ID Number if available
  11. Original Loan Amount, Loan Number and stated interest rate
  12. Current Loan Balance
  13. What do you want? Do you seek Refund or Relinquishment?
  14. Why? Is it due to Deception, Health, Age or Financial Burden?

If your investment is $40,000 or less and you owned and used your timeshare for ten years or more consider relinquishment.

Availability:  Dissatisfied in general with availability complaints will go unheeded.

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.

The most common complaint is bait and switch. If you feel you were deceived list the reasons why.

who what

How Advocacy Works

Email Inside Timeshare your complaint if you would like to talk to someone about your concerns. Before you begin, raise your right hand. Do you promise to tell the truth, the whole truth, and nothing but the truth, so help you God? It is important to present your information factually and without opinion.

Consider becoming a volunteer report writer if you have reporting experience.

If you have questions, email Irene Parker – [email protected]

Cell – 270-303-7572 EST – Feel free to call any day of the week between 1 to 5:00 PM EST or if you are unable to prepare your own report.

We 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 agencies. Agencies are listed below. We have also developed media relationships and will continue to work with broadcast and print media to alert the general public as to what questions to ask before buying a timeshare. Life events, like a hurricane, can change your life in an instant or a day. If your timeshare provides no secondary market, it can make a member feel a hostage to their vacation plan. Contact a member of the Licensed Timeshare Resale Broker Association to find out whether your timeshare has a secondary market.

http://www.licensedtimeshareresalebrokers.org/

After you complete your complaint email it to the appropriate resort department. Expect to be denied. Typically your resort reviewer will restate your concerns, conduct an investigation and report back that the sales agent (s) denied your claims. It’s a negotiation so if denied, file a rebuttal.

deneid

If you feel you are a victim of deceit and bait and switch, send us a copy of your complaint. An Advocate will file your complaint on your behalf with the firm’s public relations office and ARDA, the timeshare lobby, for violating ARDA’s Code of Ethics which can be found on ARDA’s website. We do not recommend owners make the voluntary opt in or opt out contribution on your maintenance fee invoice for ARDA ROC (Resort Owners Coalition). ARDA is basically a PAC that lobbies for the industry when the issue is one that is at odds with members. We will also include NTOA National Timeshare Owners Association and the bank that financed your loan or issued a credit card. By having the Advocate file on your behalf, we can track complaints, documenting a pattern of criminal behavior.

Mark your email urgent if you are in financial distress. It is best to file a complaint before the debt collectors are hounding. It may take up to 30 days to hear back from the resort. Resend in three weeks if you have not heard back. If you feel you were a victim of deceit and bait and switch, give the resort a week to respond before filing regulatory complaints.

The member will report back to us with a positive or negative outcome. Due to the required non-disclosure or mutual release form, terms and conditions will not be discussed. Just report a positive outcome or resolution.

If your resort denies your claim begin filing complaints with regulatory and law enforcement agencies beginning with the Attorneys General of the state where you signed your contract, where you live and where your resort is domiciled. It can take a month or more 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 and Attorney General.

office of ag

If there was an unauthorized credit card charge or you feel you were deceived into signing off on a loan, you should file with the Consumer Financial Protection Bureau under the mortgage option (even if no mortgage) and select the bank that financed your loan or issued a credit card. One common complaint is that the buyer was told they could get a lower interest rate from a bank or credit union. File with the CFPB only if there is a loan outstanding or a credit card was used.

You should file a complaint with the state Real Estate Division in the state where the agent is licensed if your complaint is against a sales agent. The Advocate can help you if you don’t know the agent ID number. Timeshare sales agents are real estate licensed in most states.

File with the Better Business Bureau, although the company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints.

The definition of Financial Institution Fraud under the FBI’s definition of White Collar Crime is “deceit, concealment, violation of trust and bait and switch”. The FBI assigns Financial Institution Fraud the highest priority. You can read about White Collar Crime on the FBI website, but complaints are filed at IC3.gov. This is somewhat confusing because IC stands for Internet Crime and people think it has to be internet related. IC3.gov is just the name of the portal.

fbi

 

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 pitfalls before engaging in a timeshare sales presentation.

Our “Chicken Soup for Timeshare’s Soul” Inside Timeshare article is linked at the end of this article explaining what to expect or not expect when you file with a regulatory or law enforcement agency.

Summary of Regulatory and Law Enforcement Agencies

  • Attorneys General where you signed, where you live and where the resort is domiciled. Search (state name) Attorney General for contact information. 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. “Right-to- use” membership programs are not defined as real estate, but the agent is typically a licensed real estate agent.
  • The FBI under the IC3.gov portal if deceit or bait and switch.
  • ARDA if you feel ARDA’s code of ethics has been violated.
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, publishes timeshare articles online focusing primarily on the need for reform and oversight.
  • The Consumer Financial Protection Bureau under the mortgage option selecting the bank that issued the travel credit card or financed your loan.
  • The Federal Trade Commission – due to lack of secondary market
  • The Better Business Bureau
  • 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 a work, it is, but you can file with some, all, or none of the agencies. We feel “Action and Advocacy” is the way to change questionable timeshare business practices. Change requires volumes of complaints.

What to expect from regulatory agencies

http://insidetimeshare.com/chicken-soup-timeshares-soul/

Life without timeshare through “The 3Rs or F of Timeshare”

http://insidetimeshare.com/3-rs-timeshare-part-1/

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. Reach out to others when you stay at resorts. Create a business card type flyer.

Who We Are and Why We Do This

working others

The timeshare industry is wealthy and powerful, able to influence politicians and Attorneys General. Timeshare owners typically are struggling with maintenance fees, unorganized and alone. Venting on complaint sites has no effect whatsoever.

There are a number of timeshare members and non-timeshare member advocates working behind the scenes to assist in the complaint process. 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.

After retiring from Edward Jones working as an Investment Representative, I worked three years as a CASA supervisor, writing and editing court reports for Family Court on behalf of foster children. I find two commonalities between children of abuse, neglect or dependency and deceptive timeshare sales.

  • The abnormal becomes the normal. After hearing 136 complaints (as of September 5), I fear deception is endorsed and encouraged by some timeshare companies. I have interviewed nine current and former timeshare sales agents and managers. They call it “pitching heat” or “No Heat, No Eat”. Of course not all sales agents are dishonest. We hear primarily from buyers seeking assistance when victimized by unscrupulous agents.
  • Victims are silenced and isolated via non-disclosure agreements. Non-disclosure is appropriate in the case of a settlement, but when a family receives nothing after an alleged bait and switch, after spending $5,000 to $500,000 or more on a vacation plan, not allowing the victim to say anything disparaging about the company seems harsh. Many of the families we have worked with are financially devastated.

There are many who use and enjoy their timeshare. My husband and I owned three timeshares for 25 years with no problems or complaints. After we attended a pathetically aggressive sales presentation in 2015, I began researching the industry, writing articles and assisting timeshare victims. I am not compensated by anyone. Our Advocacy Group is composed of volunteers. We hope there will come a day our Advocacy Group is not needed.

Self Help Groups

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

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

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

September 12, 2017 Irene Parker Timeshare Advocacy Group™  

Although this article is aimed at our American cousins, the principle of how it is written will be the same for Europe. If you believe your complaint is valid, don’t give up, that’s what they want you to do, be persistent, be strong and seek help, it is out there.

In Europe the EU has set up many consumer agencies, most EU countries have consumer rights groups and Consumer Affairs offices. In the UK there are several that you could use, one which has been very good in the past is the Trading Standards Office, these are set up by local councils and have a lot of clout. They have also been instrumental in having some rather shady companies closed down.

Then there is legal action, employing a law firm to take your case to court, in Spain over the past few years this has been very successful. Law 42/98 and the updated version Law 4/12, is based on the EU Timeshare Directives, which were put into place to protect consumers and regulate the industry. Spain now has the strongest timeshare regulations in Europe, these along with other civil consumer laws protect consumers from unfair practices and contracts. These have been strengthened over the past couple of years with around 57 rulings from the Supreme Court, Spain’s highest court, which has removed any doubt about their interpretation.

It now remains for other EU countries to do the same, so no matter where you purchase, the same protection is available. We may even just see a change in the industry for the better.

If you require any further information about this or any other article, contact Inside Timeshare and we will point you in the right direction.

Inside Timeshare also wants your stories,

good, bad or downright ugly,

so if you have something you would like to share or think will help others,

then

hear from you

 

Friday’s Letter from America

Welcome back to Friday’s Letter from America, last week we did change it to Australia to welcome our Aussie contributor Justin Morgan with his first article, which happened to coincide with Irene Parker’s first anniversary. Today we hear from our first Bluegreen owner, who also happens to be a detective in law enforcement, so this proves that all are vulnerable to the smooth talking sales staff.

Irene reported just as we were about to publishing today’s article, that four Diamond Members have been able to resolve their vacation issues this past week. Members tell us they appreciate having a human instead of a department to talk to. Previously members complained of continually having to start over with seemingly endless departments.

We hope other timeshare developers follow suit as timeshare complaints are widespread.

Now we have a look at what is happening in the European world of timeshare.

The National Police in Spain have busted a major scam being run from the Costa del Sol, they raided several premises and homes in the Velez Malaga – Torre del Mar area. Around 40 were detained, they included a husband and wife, son and daughter-in-law, along with it is reported two lawyers. The detained are mainly British, who have run several businesses in the area over a number of years, these targeted mainly British timeshare owners.

Police raid

The scams involved timeshare resales, holiday packages and discount clubs, this has over the years netted millions of pounds, with the police recovering around 100,000€ in cash, expensive watches, jewels and several high end cars.

It is believed the companies, which are well known by Inside Timeshare and other similar sites, are, Halfmoon Holdings, Excalibur Sales & Marketing, Blue Chip and Rosedale Marketing. The only problem is, when one of these raids takes place and they are put out of business, there are many others ready and waiting to fill the gap. No doubt, we will see a series of companies offering to help victims get their money back, for an upfront fee obviously. So readers beware!

Follow the links to read the stories in the UK tabloids.

https://www.thesun.co.uk/news/3952419/dozens-arrested-over-timeshare-scam-that-saw-500-brits-conned-out-of-life-savings-in-multi-million-pound-costa-del-sol-racket/?utm_source=TWITTER&utm_medium=social&utm_campaign=SprnklrSUNOrganic&UTMX=Editorial%3ATheSun%3ATwImageandlink%3AStatement%3ANews

http://www.mirror.co.uk/news/uk-news/costa-del-sol-cops-uncover-10745713

On the legal front, it looks like those lawyers from Canarian Legal Alliance have been busy this week, with several announcements of cases won.

We started the week with a judgement from Tenerife against Resort Properties / Silverpoint followed on Tuesday with news that the Court of First Instance in Maspalomas GC, awarding a client who purchased at Anfi, over 59,000€ with their contract being declared null & void. Once again the court ruled that the contract was longer than the stipulated period of 50 years.

On Wednesday, the Court of First Instance in Arona Tenerife, again found against Resort Properties / Silverpoint, in this case the judge ruled the contract was missing information which is required by law, the period again was longer than the 50 years allowed, plus deposits were taken within the 14 day cooling off period.

The British client will now receive over £14,000 plus legal interest and has had their contract declared null and void.

On Thursday there were two announcements the first from Tenerife, the Chayofa Golf & Tennis Academy, was ruled against by the Court of First Instance, the contracts signed under the company United Sales 1997 Ltd were declared null & void. Again the infringements were the perpetuity contract and the illegal taking of deposits, the client will now receive over £9,000 plus legal interest.

Malaga Court

The second was from the High Court in Malaga, Club la Costa was found guilty with the contract being declared null & void. One of the main aspects of this case is the company is a UK registered Limited one, Club La Costa Leisure Ltd, which was probably an attempt to bypass Spanish law. As we have seen in the past, some companies have used this along with the clause that “this agreement and contract is subject to UK law and the jurisdiction of UK courts”, but it is evident now that this does not wash, if the timeshare was sold and the contract was signed on Spanish territory, then clearly Spanish law will apply.

Now on with our US Article.

A Bluegreen Member Responds to Timeshare Advocacy Group™

A detective shares her Bluegreen Timeshare experience

Complaint queue

By Irene Parker

Friday July 7, 2017

Typically our Inside Timeshare readers don’t contact us to report positive timeshare experiences so our email inbox often looks like the cartoon above. Today we hear from a Bluegreen member who found promises made did not meet what was purchased. Not as familiar with Bluegreen we checked internet sites and determined Bluegreen is a company that could use a customer satisfaction evaluation.  

Bluegreen members can join a member sponsored discussion Facebook consisting of 770 Bluegreen members. More and more timeshare members are launching sites where members can advise other members.

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

Timeshare Advocacy Group™ is an umbrella organization consisting of volunteers stretching from the EU to the US and beyond including contributors from the Philippines and Australia. A few complaints have little or no effect, but a volume of complaints, especially directed against individual sales agents, can paint a pattern of deception.

A complaint process has evolved over the past year. Working through resort representatives, volunteer Advocates assist other members as we work through the “3 Rs or F of Timeshare” – Resolution, Relinquishment, Refund or Foreclosure.

Here is our advice for those not knowing where to turn:   

  • Prepare a written complaint and request for resolution. Submit to the resort.
  • If the resort denies the request, file first with the Attorneys General of the state where you signed a contract, where you live, and where the timeshare is domiciled. Some Attorneys General are influenced by lobby dollars, so don’t be discouraged if your complaint is denied. There is still merit filing “for the record” because the Attorney General’s lack of concern can be quantified and reported. Some states refer you to a different department.
  • File a complaint with the state real estate division against the agent (ID #) if you feel the sales agent is at fault.
  • File a complaint with the Federal Trade Commission because every state has incorporated some part of the FTC Consumer Fraud Act into their respective state consumer protection act.
  • Report your grievance to ARDA http://www.arda.org/ethics/ – this organization is the American Resort Development Association – Resort Owners Coalition. ARDA ROC does not resolve individual member disputes, but they do have a code of ethics that should be enforced. When the needs of the member and the developer diverge, lobby dollars go to the side of the developer, so think twice about the “voluntary” opt in or opt out donation to an organization that may not always serve your best interest. I have not been able to get the $7 donation removed from my account.   
  • The FBI definition of White Collar Crime – Financial Institution Fraud – is “deceit, concealment, violation of trust and bait and switch”. File a complaint with IC3.gov if this is the case. IC stands for Internet Crime, but your complaint does not have to involve the internet. That’s just the FBI portal for complaints. https://www.fbi.gov/investigate/white-collar-crime
  • File a complaint with the Consumer Financial Protection Bureau, although this agency has been vastly diminished due to the rollback of the Dodd Frank Act. According to a banker I spoke with recently, they are still the regulators. Given the CFPB’s diminished capacity, file with this agency only if a credit card played a part or there is a loan outstanding.
  • Reach out to local and national media. This is by far the most important and effective tool. Typically, timeshare buyers don’t buy a timeshare in their state of residence, so state lawmakers have expressed little interest and can also be influenced by lobby efforts. http://www.orlandosentinel.com/news/taking-names-scott-maxwell/os-gov-rick-scott-signs-bad-timeshare-law-20150617
  • Become an Advocate for change by assisting other members with the process outlined above. Encourage others to stop venting and act. This is one example of a military family that was able to resolve their dispute through Timeshare Advocacy Group™ http://insidetimeshare.com/consumer-protection-week-usa/ and a hat’s off this 4th of July week to all those who serve in the military.
  • Last on the list is the Better Business Bureau. The BBB does not resolve complaints. They merely report how efficiently a company responds to complaints so ratings can be misleading.

None of the above agencies will act on behalf of a specific individual, but a volume of complaints can prompt an investigation. Tennessee, Colorado, New York and Arizona are four states where Attorneys General have opened timeshare investigations       

law enforcement

Our Bluegreen member complainant works in law enforcement. Lela Renea is a detective appalled that, even though she works in law enforcement, alleges she became the prey.   

Lela purchased 6000 Bluegreen points in Las Vegas March 2015 for $8,200. Lela alleges she was a victim of deceit and bait and switch for the following reasons:

  1. Lela was told if she purchased more points her maintenance fees would stay the same. The maintenance fees have increased from $560 a year in 2015 to about $700 a year for 2017.
  2. Lela was told she would receive a free cruise, but after all the fees and charges it cost as much as if she had booked it herself.
  3. Lela was told the Barclaycard had a low interest rate of 5% when in actuality it was 25%.
  4. Lela was not told she was entitled to 4000 bonus points. The points expired before she was aware of them.
  5. Lela was promised availability she says does not exist.
  6. Lela was showed a Presidential Suite that was said to be comparable to all Bluegreen accommodations.
  7. Lela was not aware she had purchased so few points it was almost impossible to find adequate availability.

Lela has sent Bluegreen a demand letter requesting a refund. She will be filing complaints with regulatory and law enforcement agencies if her demands are not met. Lela will become an Advocate.

Lela’s friend and co-buyer contacted Pinnacle Vacation to do a transfer but Lela is worried Pinnacle may be a scam.

https://www.complaintsboard.com/complaints/bluegreen-vacation-club-c4809.html

lawsuit

The following lawsuit was filed against Bluegreen but was dismissed October 2016. It voices many of Lela’s complaints. Again, the problem is the oral representation clause that timeshare attorney Mike Finn of the Finn Law Group has frequently described as “a license to lie”.

The BlueGreen Vacations Timeshare Sales Tactics Class Action Lawsuit is Kyle Miles, et al. v. BlueGreen Vacations Unlimited Inc., Case No. 1:16-cv-00937, in the U.S. District Court for the Eastern District of California.

The plaintiffs are represented by Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman PC.

BlueGreen Vacations Unlimited Inc. has been hit with a class action lawsuit that accuses the timeshare company of using “hard sell” tactics and misinformation to convince consumers to enter into timeshare contracts.

During the timeshare presentation, the plaintiffs were reportedly informed that, if they were not satisfied with the timeshare contracts BlueGreen was selling, BlueGreen would buy back the contracts.

According to the timeshare class action lawsuit, BlueGreen also misled the presentation attendees by representing that the timeshare contract’s maintenance fees would not increase, when in reality, the maintenance fees increase on an annual basis.

However, the plaintiffs allege that the terms that were actually contained in the timeshare contract are different than the terms promised during the timeshare presentation.

They also claim that they were pressured to open two BlueGreen credit cards and to put the entire $5,000 down payment on the cards.

advo

Our local Florida news station today reported vacation rentals, as opposed to hotel bookings, have increased from 50% in 2014 to 70% in 2016. Our readers continually express disappointment and dismay over what they describe as an escalation in deception and overly aggressive timeshare selling. These are mostly members who were happy with their timeshare until deception set in. We want timeshare to be a healthy and robust industry. If the developers and lobby organizations don’t heed the damage being done by sales agents “pitching heat”, one wonders how the industry can survive in the millennial’s world.

Inside Timeshare thanks Lela for coming forward. We look forward to a new collaborator as a lot of what we do requires the skills of a detective. It did not take long to explain the basis of an IC3.gov complaint to Lela.

So there we have it, another week over in the timeshare world, with some good news for many and the start of a judicial nightmare for others. Inside Timeshare thanks all those who sent in the information which helps to form our articles, again thanks to Irene for editing the US contributions, together we are making a difference.

weekend

 

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