Browse Tag

Licensed Timeshare Resale Broker Association

Friday’s Letter from America

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

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

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

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

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

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

     

Now for this week’s replacement article.

The Peasant of Venice and the Queen of Versailles Revisited

    Jackie Siegel, Queen of Versailles  

By Irene Parker

December 14, 2018

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

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

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

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

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

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

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

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

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

Our Nightmare on Timeshare Street begins:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

https://tug2.com/Home.aspx

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

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

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

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

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

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

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

Friday’s Letter from America

Welcome to another Letter from America by our very own Irene Parker, this week we revisit our series on the 3 Rs and 1F of Timeshare, but first a word of caution brought about by some very disturbing emails received by Inside Timeshare.

These emails are all concerning companies our readers have paid to “relinquish” their timeshares, all being told that the “exit notification letter” being sent on their behalf is all that needs to be done and they are now timeshare and maintenance free. They are told they should not engage with the timeshare company or need to pay any further maintenance fee.

Unfortunately this is not the case, several of our readers have paid a certain company who shall remain nameless at present, but they know who they are, to exit their membership with Diamond, around three years ago. These readers are still getting demands for maintenance fees along with a surcharge for interest. They are also being threatened with court action and a debt collection agency.

The company concerned with these exits tells the clients that they are free of their timeshare  and to “DO NOTHING, PAY THEM NOTHING”. “That Diamond would not take court action because they knew they could lose given the dubious selling practices and the fact that no court would allow a company to insist on payments for a product the owner cannot use”.

We know that Diamond does chase unpaid maintenance, the debt is usually passed to Daniels Silverman a Market Leading Debt Recovery Agency, based in Liverpool. So it is not Diamond who take the “debtors” to court, but Daniels Silverman on behalf of their client Diamond.

If you are told to stop paying your maintenance fees until you have official notification from your timeshare company that your contract and membership has been cancelled, then failure to pay puts you in breach of contract.

It is also known that Diamond will not deal with these “exit” companies, they have their own system in place and will deal direct with the member. Remember no matter what these companies tell you, they are not “lawyers”, they do not know timeshare, all they know is how to take your money.

Now for this weeks Letter.

The 3 Rs or F of Timeshare Revisited (prior revision February 16, 2018)

Resolution
Relinquishment
Refund
Foreclosure

By Irene Parker

November 16, 2018

Our Timeshare Advocacy Group™ advocates brace for when timeshare companies hit the “send” button as millions of maintenance fee invoices hit inboxes.

February 16, 2018, when this article was previously published, we had heard from 300 readers since we began counting January 2017. As of November 14, 2018, we have heard from exactly 600 readers.  Not one of our readers was aware of the limited to no secondary market for a timeshare. This often triggers a complaint.

There is rarely a need to pay anyone money to get you out of your timeshare. Special circumstances, or if a member requests an attorney, we refer to one of the law firms we know and trust, if the timeshare company refuses to help. Seeking legal counsel is the right of every citizen if they feel they have been harmed, as is filing regulatory complaints.    

If you have a complaint, our “How to File a Complaint” form explains a process that takes time, determination and effort, but when it works, it costs nothing. We say when, because no one wins them all.

Timeshare companies cry, “Don’t call an exit company! We have your best interest at heart!” What the timeshare company means is:
Don’t call an exit company because it interferes with our recycled inventory process! Let us foreclose! We make collection calls to you no more than twelve times a day. (Six to each spouse, as has been reported)
When exist companies boast, “We can guarantee you release!” beware that that guarantee may include foreclosure. You don’t need to pay anyone to foreclose.  
Our complaint form: http://insidetimeshare.com/the-tuesday-slot-11/

Our goal:  Convert an angry, desperate, overwhelmed and confused member into an empowered member. Timeshare Advocacy Group™ has 44 core advocates, including a team of reporting advocates to answer questions about regulatory and, if needed, law enforcement filings. All of our Advocates are unpaid.  

The First R: Relinquishment

Some timeshare companies offer voluntary surrender programs, but relinquishments are not guaranteed and there cannot be an outstanding loan or delinquent maintenance fees.

Before relinquishing, check with a member of the Licensed Timeshare Resale Broker Association to find out if your timeshare can be listed with one of their members. http://www.licensedtimeshareresalebrokers.org/

LTRBA members charge nothing up front, so they don’t waste your time or money by listing a timeshare that, in all likelihood, will never sell.

The Second R:
A refund is not easy to come by, but in cases of serious and obvious fraud; a refund may be achieved. The complaint process begins with a petition to the resort, followed by the filing of regulatory and law enforcement complaints.

The timeshare lobby ARDA has a Code of Ethics. Not one of the 600 members who have contacted us could tell us what the letters ARDA ROC stand for, yet collectively give about $5 million a year to ARDA ROC. ARDA stands for American Resort Development Association and ROC Resort Owners Coalition. The money comes through “voluntary” opt-in or opt-out donations. This $3 to $10 amount, which varies depending on the resort, appears on all maintenance fee invoices purchased in the U.S. if the developer is an ARDA member. Despite our advocates and members forwarding approximately 200 complaints to ARDA, questioning ARDA’s Code of Ethics, there has been no response.

ARDA’s Code of Ethics:

The intent is that all member activities subject to the Code are designed to be honest and fair, and are conducted with integrity, dignity and propriety.  http://www.arda.org/ethics/

Litigation can take years and often the amount of money at stake doesn’t justify the time and expense litigation requires. Some developers have a class action ban, forcing arbitration. There are many critics of arbitration, including Minnesota AG Lori Swanson:  
“The right to have your dispute resolved before a jury of your peers is as American as it gets; it’s a fundamental core American democratic principle,” says Minnesota Attorney General Lori Swanson. “To think that millions upon millions of consumers are forfeiting their fundamental right to have their day in court because of fine print in a contract….”
Chris Parker, a reporter for City Pages writes: “Should a dispute arise, arbitration forces consumers out of the court system and into arbitration where appeals aren’t allowed, corporations historically wield a huge advantage—and details of misconduct are kept private,”

http://www.citypages.com/news/the-plot-to-kill-consumer-protection/451334393

Timeshare buyers should check immediately after signing a contract to see if they can opt out of the arbitration clause. Probably only a lawyer would think to do so.
http://insidetimeshare.com/tuesday-slot-arbitration/

According to the FBI agents and attorneys we spoke with, it is not legal for a company to hide behind fine print, providing sales agents the means to say anything they can come up with to sell points. With little enforcement in some states, deception prevails. Families after family have no option but foreclosure, if they have a loan outstanding. Most members contacting us do.        

The Third R

It doesn’t happen very often, but there is the possibility the member just doesn’t know how to use the booking system. Blanket statements like “You can always book online cheaper than using timeshare points” are not accurate. My husband and I are Diamond owners. We have often booked two weeks in Sedona or Orlando for less than it would cost booking online using our points.

I ALWAYS tell members when they say, “After we signed we read all these negative complaints!” that there are just as many and more who use and enjoy their timeshare.  

    Foreclosure

This is the least pleasant outcome, but foreclosure is not the end of the world. We’re working on a document for those who experience foreclosure to provide to credit rating agencies or lenders, detailing the patterns of complaints listed with the Better Business Bureau, Attorneys General, and lawsuits.

If you foreclose, there will be a hit to your credit score, but if you feel you are a victim of unfair and deceptive sales practices provide the credit rating agencies or your lenders with the reason why you refused to pay off a timeshare loan. Lenders are human. Many will take this into consideration.     

I asked timeshare attorney Mike Finn of the Finn Law Group some common questions we are often asked about the foreclosure process:
Will the timeshare company try to ruin my credit for non- payment of maintenance fees, loans or both?


Mike Finn: Generally no credit reporting on maintenance fees, yes they do on “mortgage” payments. Most timeshare property owner associations, which are separate non-profit entities, do not report non-payment of maintenance fees largely because they don’t maintain subscriber contracts with the credit reporting agencies. However, once referred to collection, those agencies do maintain subscriber relationships and that’s where the issue becomes relevant.

Can members be taken to court for non-payment of maintenance fees or loans?

Mike: Can yes, will, maybe not so much

Do they place liens for non-payment of loans?

Mike: Yes in the sense that they do pursue foreclosures, yes for maintenance fees as well.

Does the lien apply just to the timeshare, or does the lien apply to a member’s primary residence as well?  

Mike: The word ‘lien’ can be utilized in more than one way. In the timeshare world it typically means the security interest filed against the timeshare itself by virtue of nonpayment of maintenance fees. Only the timeshare interest itself is impacted by that kind of lien, not the owner’s property beyond the timeshare. A mortgage lien on the timeshare caused by non-payment of the initial purchase price can, under certain circumstances, become a judgment which could be satisfied by going after the defaulting party’s personal assets. This very rarely happens, but it has happened, so we can never, say never. A foreclosure on your credit report is quite damning, it will make refinancing or new residential purchases an issue for about five years. Rarely will they sue for deficiency balance.

http://www.finnlawgroup.com/learning-center/can-a-timeshare-hurt-my-credit-score

http://www.finnlawgroup.com/english/learning-center/page-12

Our Advocates, bringing experience and expertise from all walks of life, are here to help you put your timeshare in the rear view mirror, if that is your goal.

Our mission

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you Irene, useful as always, in the Tuesday Slot next week, we will have another “Secret Shopper” report, edited by Pete Gibbes the Secret Shopper Coordinator, so join us for another insight into the murky world of a timeshare presentation.

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

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

The Tuesday Slot

Welcome to this weeks Tuesday Slot, once again this is not the article we had scheduled, that has been pulled at the last minute. The original article (which as always was sent to the timeshare company Holiday Inn Vacation Club for comment), was a particularly heart wrenching story of woe, but thanks to someone at the timeshare company, (some of them do have a heart), the matter has been resolved. All we can say to Holiday Inn Vacation Club is thank you and well done for responding so quickly.

Inside Timeshare has been receiving many emails from readers wanting to check on companies calling them, it is that time of year, as maintenance bills start to arrive, so all these companies are getting in with the usual pitch, we can get you out of your timeshare. Unfortunately most are bogus and fake law firms, which we have highlighted in previous articles. So beware the caller, get as much information about them as possible, then contact Inside Timeshare for further help.

We have also heard from one of our German readers regarding Diamond Resorts (Europe), it would appear that Diamond may have changed the policy on exiting the contract. We do know they have exceptional circumstance, which are over 75, death of a partner, financial difficulty and medical, where they will allow exit for free. For those who do not fall into this category they were allowing an exit on payment of 2 years maintenance, well, according to our German reader who applied for this, he was told “NO”! They would only let him out when he fits the exceptional circumstances or reaches 75, until then he must continue to pay maintenance.

We will be keeping an eye on any other developments regarding this, it does seem strange that this policy has suddenly changed. If any of our other readers have experienced this please do let us know, it may be that this was just a one off incident from an un-informed member of staff.

How to File a Timeshare Complaint (October 22, 2018 revision)

               

Start with the Attorneys General Office

If necessary, continue to the FBI at IC3.gov

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

If you were sold a timeshare as an investment, file an SEC complaint

“I was told that in order to be released from a timeshare, which was a deeded timeshare, I had to turn the deed into points. Believing the sales agent, on June 19th I bought $12,000 worth of points for no reason. A few weeks after the purchase I learned through Social Media the company has a voluntary surrender program. I had told the sales agent that my wife had bought this timeshare 18 years ago and that I had hated it for 18 years. I explained that I was only attending the presentation to find out how to get rid of it. At that point he should have advised me of the voluntary surrender program instead of selling me points for no reason. The response from the company was it sounds like a ‘he said she said’ and to make matters worse, there is a six month waiting period for the voluntary surrender program.”

We have received 634 timeshare complaints as of October 22, 2018. Recently, several complaints have been from timeshare members who say they were told the timeshare was an investment; the timeshare could be rented for income, and would be easy to sell. The complaints were directed against four timeshare companies.

Marketing a timeshare for the purposes of generating income, or leading the buyer to believe the retail price is what the timeshare is worth, is selling the timeshare as a security without being registered as a security with the Securities and Exchange Commission. Therefore, we have added the SEC as an avenue for grievance if this applies to you.

We have also added the AARP fraud alert. The AARP hotline responders have been responsive, but misleading in their advice. We will be publishing an article shortly to address why we believe AARP is providing misleading information.

https://www.aarp.org/money/scams-fraud/?CMP=KNC-DSO-Adobe-Bing-FWN-Core-Brand-Brand&s_kwcid=AL!4520!10!73804843580956!73804805721970&ef_id=W0ZctQAAAJQd2ANC:20180725171110:s

One Attorney General’s office is directing people to a list of timeshare attorneys. The member pays the attorney, the attorney has no timeshare experience, and the member ends up referred to us. We help for free and the lawyer gets paid. This has happened several times. Do not use an attorney without timeshare experience. The field is too specialized.   

In all but a few cases, the timeshare company has dismissed member complaints with “You signed a contract” or “It doesn’t matter what the sales agent said.” If timeshare companies would acknowledge that some timeshare sales agents do intentionally mislead the consumer, there would be no need to file complaints and no reason for the existence of member supported advocacy groups.

According to FBI agents and lawyers our advocates have consulted, it is not legal to hide behind fine print, but it takes volumes of complaints to raise a regulator’s eyebrow. The Federal Trade Commission released its 2017 complaint report, listing travel, vacation, and timeshare as one of the most costly frauds at $1,710. Our reader complaints dollar amounts range from $4,000 to $400,000 or more. We wish members were only losing $1,710. Inside Timeshare has received complaints from 81 veterans and active duty military and law enforcement.   

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

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

Most of the members contacting us have an outstanding loan. The industry has created this nightmare because if you buy a house and have a loan outstanding, you can still sell the house. When the member alleges they experienced unfair and deceptive sales practices, they have signed a perpetual contract with little or no secondary market. Timeshare companies list a viable secondary market as a risk to their shareholders.

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

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

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

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

To begin your complaint, raise your right hand.

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

Information Needed to File a Timeshare Complaint

Name (s) and age of member

Phone Number

State of Residence

Member Number

For each contract in dispute:

Where Purchased and Date of Purchase

Number of Points Purchased

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Down Payment

Amount Financed and Interest Rate

Loan Number

Current Loan Balance

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

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

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

Complaints expressing dissatisfaction with general availability will go unheeded as will a request based on not being able to afford the timeshare. If you feel you were deceived, list the reasons why. If there was no deceit, ask for relinquishment. Maintenance fees must be current and there can be no loan outstanding. Just like your personal residence, you can’t go to your home mortgage lender and say you can’t afford it. The difference is you can sell your home if there is an outstanding loan.  Section 5 Federal Trade Commission, explains unfair and deceptive practices:

FTC Unfair Practices

An act or practice is unfair where it

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

 

FTC Deceptive Practices

An act or practice is deceptive where

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

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

MOST IMPORTANT – Purchase Timeline

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

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

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

Attorneys General

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

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

The FBI

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

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

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

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

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

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

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

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

Summary of Regulatory and Law Enforcement Agencies

  • The Attorney General’s office where you signed your contract. Most AG complaints can be filed online.
  • The Real Estate Division of the state where the agent is licensed if your complaint is against the agent.
  • The FBI at IC3.gov portal if you feel you were deceived. For allegations of a serious nature you may also contact an FBI field office to file a tip orally. Have your facts and figures ready. The FBI complaint website is called IC3.gov which stands for Internet Crime. This is a bit confusing. IC is the name of the portal. That doesn’t mean it has to be an internet crime. Click IC3 as your choice when filing. Sometimes your local field office will pay closer attention than say Las Vegas, where losing money is a tourist attraction. You can find your nearest field office from this website. https://www.fbi.gov/contact-us/field-offices https://www.ic3.gov/default.aspx
  • The Federal Trade Commission is one of the most important agencies to file with, because it is federal. Most states have incorporated a portion of the FTC’s “Unfair and Deceptive Trade Act” in their state law. It’s tricky to find the timeshare tab. Look for “next page” until you find it.   
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, welcomes member submissions, positive or negative.
  • The Consumer Financial Protection Bureau for credit card or lending complaints, under the mortgage option (even if no mortgage), selecting the bank involved. Timeshare has dodged this regulatory bullet because most members don’t know the identity of the lender as the timeshare company often services the loan (Timeshare companies are not an option from the CFPB’s drop-down menu). CFPB is the organization that helped Wells Fargo victims. The CFPB lost influence after the roll back of the Dodd Frank act March 2018. The Dodd Frank act was enacted after the abuses caused by subprime lending. The CFPB is still considered a regulator. https://www.consumerfinance.gov/
  • File a complaint with the Better Business Bureau. The company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints. Sometimes the BBB allows you to log in and file a rebuttal. If you file a complaint, a review is not allowed. We have received complaints from members reporting that a company representative called, saying the message is time sensitive, but does not answer the phone when the member repeatedly tries to call back. We suspect this boosts the company BBB rating because the company can report, “We reached out.”
  • Lawmakers – The problem is the timeshare buyer typically does not buy in their state of residence which is why lawmakers don’t seem to take timeshare seriously. Still, any effort to contact lawmakers is encouraged.
  • The Securities and Exchange Commission for selling timeshare points as an investment without being registered as a security.
  • AARP Fraud Watch

If this sounds like work, it is, but you can file with some, all, or none of the agencies. If you pick two, pick the Attorney General and the FTC. We have a team of advocates who can answer questions and help guide you through the process. We feel “Action and Advocacy” is the best way to change questionable timeshare business practices. Many families contacting us are financially devastated by their decision to buy a timeshare. We seek to promote consumer awareness.   

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

You may also forward your complaint to the Association of Vacation Owners.

https://avoworldwide.com/news/

AVO has been tracking our complaints for research purposes. http://insidetimeshare.com/the-tuesday-slot-with-irene-3/

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

Who We Are and Why We Do This

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

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

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

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

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

 Self-help groups seek to provide members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers. We hope to promote a better relationship between disgruntled timeshare buyers and their respective resort. We appreciate all timeshare companies who have responded to article drafts and resolved customer issues. Inside Timeshare would always rather see a dispute resolved over publishing an article.

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

https://tug2.com/Home.aspx

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

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

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

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

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

October 23, 2018 Irene Parker

Timeshare Advocacy Group     

Related article: FTC Section 5

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

If you have any timeshare problem or need help in checking if a company is genuine, contact Inside Timeshare with the details, we will point you in the right direction.

Friday’s Letter from America

Welcome to another Letter from America, this week Meryl Reyman gives her insights on the timeshare industry, or as we prefer to call it Nightmare on Timeshare Street.

Inside Timeshare and Timeshare Advocacy Group™ has received 285 timeshare complaints since January 1, in response to our articles, from timeshare members angry about purchasing a product, most allege they were deceived into buying, signing a perpetual contract with no secondary market. We received 257 complaints for all of 2017.

Given the dramatic increase in the volume of complaints, Irene will only be posting our Friday’s Letter from America to allow more time to respond to our readers. In addition, Irene is working on a research project with a team of advocates.

We hope other contributors who have previously submitted articles, will continue to submit articles and we encourage new submissions from others who would like to contribute to our cause – educate the public to prevent or at least slow the volume of complaints from angry timeshare buyers, tired of the deception.

WHY IS NEVADA THE “WE SEE NOTHING” STATE

AND MISSOURI THE “SHOW ME” STATE

By Meryl Reyman, a Nevada resident

August 24, 2018

Our most vulnerable and valued citizens—elderly, disabled and military—are often defrauded by the timeshare industry.  Since there is no federal protection in the U.S., victims must rely on the states they live in to protect their interests. However, timeshare buyers typically buy a timeshare in a state other than their state of residence, so must file a timeshare complaint in the state where they purchased the timeshare. Some state Attorneys General are listening. Nevada is not one of them.

Nevada seems to be under the thumb of the timeshare industry and is profiting from the millions of dollars that are taken out of the pockets of the victims of timeshare fraud.  Despite repeated complaints of a very serious nature, and high ticket sales, the Nevada Attorney General, via the Nevada Real Estate Division and the Nevada BBB, deny consumers cavalierly by stating “you have no proof” even when a pattern of deceit and bait and switch tactics are its own proof. The volume of similar complaints is compelling and compounding. In timeshare Mecca Florida, proof is even harder to come by because it is a two party state, meaning both parties must be aware of an in-person meeting being recorded.  

Recently the Better Business Bureau of Missouri published a report detailing a pattern of predatory practices by timeshare sales agents and “Get you out of your timeshare scams” in Branson.  

Consumer Tips from the St. Louis BBB:

Don’t Fall for Deception, Pressure and Traps Disguised as Vacations: A Better Business Bureau Study of the Missouri Timeshare / Vacation Club Industry

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

Look on the secondary market first. If you are interested in buying a timeshare, you may save thousands buying on the resale market. Be fully aware of what you are purchasing and from whom you are buying to ensure a smooth transaction. Make sure you have in writing the terms of the sale and what each side is responsible for paying at closing. Read the contract carefully and ask questions of the seller.

  • Don’t bow to pressure. Take time to think about your decision. Ask the salesperson to send you written information about your possible purchase, including a contract that you can review. There is nothing that says you have to sign the first thing that is shown to you. Let the deal breathe before you figure out if it is right for you.
  • Do your research. Compare travel savings with online travel services or local travel agents. Also, check out the company with bbb.org.
  • Act fast if you are not satisfied. If you sign a contract for a timeshare or travel club, you have a short window to cancel the contract if you don’t like what you purchased. Don’t wait until after you get back from your trip to take a second look at the contract and research the company you are dealing with or it may be too late. Also, always pay with a credit card so you can challenge the charge should something go wrong with the purchase.
  • Do it yourself. If you want to get out of a timeshare commitment, do the work yourself. First, turn to the property from which you purchased the deed to see if there is a deed-back program in place. If that does not work, you may have to turn to the resale market. You likely will have to make a deal with a buyer to sell the timeshare. That option often is still cheaper than dealing with a resale or liquidation company that may charge you thousands of dollars to do the same work for you.

The Message as we interpret it:

Given the perpetual nature of the timeshare contract, the lack of a viable secondary market, and rising maintenance fees, consumers can find themselves stuck – with points eventually foreclosed or taken back, only to be sold again to the next unsuspecting vacationer.

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 licensed secondary market resale broker. We recommend contacting a member of the Licensed Timeshare Resale Broker Association before buying any timeshare.   http://www.licensedtimeshareresalebrokers.org/

Timeshare is a multi-billion dollar industry propelled by powerful lobby dollars. The media needs to help their public by shining a light on the deceptive practices so that the consumer can make an educated decision as to whether the timeshare product makes sense for them.

Inside Timeshare, and Timeshare Advocacy Group™, whose mission is to shine a spotlight on the timeshare industry, has received about the same high number of complaints directed against Florida, Nevada, Missouri, Hawaii, California, and Virginia sales centers. Of these states, only Nevada and Florida have routinely dismissed the customer by falling back on the oral representation clause.

For more information, please contact me at: [email protected] or Timeshare Advocacy Group™: https://www.facebook.com/timeshareadvocategroup/

Meryl Reyman is a retired attorney and former senior executive of a large marketing/advertising agency located in New York City. Meryl is now a resident of Henderson, NV. She successfully rescinded a timeshare contract after learning little of what the sales agent said was true.

Thank you to Meryl for your advocacy efforts. If you or someone you know needs help with a timeshare concern, contact one of these self-help groups that Inside Timeshare feels is not industry influenced.

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/

This week Inside Timeshare has received many more complaints from disgruntled US members, these have been passed on to our Advocacy teams who are now working with them to sort out their problems. We have also been receiving many requests for information from our European readers, the bulk have been from the UK and all revolve around the growing claims and cancellation business. Most of the requests are about the many companies that we have already highlighted, but it will not be long before a few new names start to emerge.

The unfortunate thing is that there are some genuine law firms working very hard to help owners who are stuck in the timeshare rut, but how do you sort out which is which?

If you have been contacted by any company or have found one on the internet and want to know the truth about them, use our contact page and we will point you in the right direction. Remember doing your homework will always save you a whole lot of stress, plus it will also keep your money where it should be, in your bank!

Join us next week for more on the murky world that is timeshare, have a great weekend and if you are going to a timeshare resort, beware the “update” meeting!

The Tuesday Slot with Irene

Welcome to The Tuesday Slot, this weeks article is by a new contributor, Della Morris C.P.A., M.B.A., M.S. with the introduction by Irene Parker. As is usual with articles such as this, Inside Timeshare submitted the draft to the company concerned for comment. The reason for this is very simple, we hope that the situation can be resolved and on some occasions the article is then not published when a positive outcome is achieved.

In the case of some companies, no response is received, then when the article is published they start to issue legal notices, sending in the lawyers with threats because they don’t like what has been published. Well, that is their problem, they are given ample warning but fail to respond.

In the case of this article we did receive a response from ARC, all credit is due to them, you can read their comment in Irene’s introduction.

Senior Foreclosure

The Hardship created by Perpetual Timeshare Contracts without a Secondary Market

By Della Morris, an Americano Beach Resort owner in foreclosure

Introduction by Irene Parker

August 14, 2018

Inside Timeshare has published two articles about Americano Beach Resort as the developer, ARC, works toward reopening the resort damaged by hurricanes Matthew and Irma. Work is progressing, but today’s article is about how the perpetual timeshare contract is forcing senior after senior into foreclosure, often those with high credit scores who have rarely been late on a payment. The foreclosure process is demeaning and demoralizing, but for some seniors the relentless calls can affect their health and wellbeing. We’re not singling out Americano, or their current developer, ARC, as this is an industry wide problem. A few companies, like Wyndham and Diamond Resorts, are offering voluntary surrender programs, alleviating the problem for some.

My husband and I owned a deeded week at Port Elsewhere (named after the medical drama series St. Elsewhere from the 80s), Osage Beach in the Missouri Ozarks for almost 30 years. Living in Florida, we no longer desire to vacation in Branson. I called the resort, spoke to the person I had gotten to know over the years, who responded to my request to deed back with, “Yeah, we discussed this at our HOA meeting and decided it’s not fair to place such a hardship on aging owners, especially those who have faithfully paid their maintenance fees for so long. I’ll send you the form to sign and return.” We left Port Elsewhere holding no animosity, only fond memories. We knew it was time to go when all our neighbors said, “My grandma and grandpa bought this!”  

Out of the 530 timeshare members who have reached out to Inside Timeshare, not one was aware of how difficult getting out of a timeshare can be. Almost daily we hear from another senior bracing for timeshare foreclosure. Many of their stories are heartbreaking, and for more than a few, devastating.

For timeshare members, lucky enough to have purchased a timeshare that does have some salability, contact a member of the Licensed Timeshare Resale Broker Association. They charge no money upfront and can provide straight answers if your timeshare has no secondary market. Scams asking for upfront money to “get you out of your timeshare or your money back” abound. Based on 530 reader complaints, honesty is in short supply. Many of our readers have been duped by exit scams.  http://www.licensedtimeshareresalebrokers.org/

Della is at her wit’s end. She contacted Inside Timeshare after reading Meryl Stefan’s July 27 article that contained a description of Freedom 365, an exit and travel plan ARC is offering deeded owners. For many original buyers, the answer to their timeshare nightmare is not to spend more money by joining a Travel Club.

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

Della had already talked to ARC, but hoping to help find a solution I contacted ARC and was provided the following information. Della will follow up.  

The Association does have a hardship surrender policy.  It’s managed by the administrative manager at the resort  (Contact information was provided). Generally, the policy is that the owner has to bring their account current before the Association will accept the deed, but we’ll work with every owner based on their specific needs.

I believe many complaints can be resolved by finding the right person to talk to. The salespeople are paid to sell, so the sales agents mentioned in Della’s article were probably not the proper people to talk to about a deed-back. Through dialog we hope to create a kinder, gentler relationship between disgruntled owners and developers.

By Della Morris, C.P.A., M.B.A., M.S.

I am 70 years old and currently live in Virginia. I bought my Americano timeshare in 1994. It has been difficult for me to pay my dues each year and many times I asked Americano Resort to take my week back, even before ARC acquired Americano. When I bought the timeshare, I had no idea timeshare can be a product that cannot be sold or given back.

I had a back and neck injury that resulted in eight surgeries from 1990 thru 1997.  Many years my income was low, but I continued to pay the fees. I owe dues for 2017 and 2018, but cannot afford to pay them. I paid Americano maintenance fees from 1994 until 2016, despite never using the timeshare.

Sometimes you get the feeling that these resorts lump all seniors together like a herd of sheep. We are people. To give you an idea of my background, I worked for a company that audited corporations. A congressional law was passed by Senators Sarbanes and Oxley in response to the Enron scandal. The law required public companies with a certain amount of equity to have an independent audit by an auditing firm not connected with the company that prepared their annual report.   

When my health failed, I did not apply for Social Security. It was such a cumbersome process, so I just worked the best I could, sometimes for minimum wage, taking anything I could get. I have lived in West Virginia, Florida and North Carolina and was eligible for Vocational Rehabilitation in each of those states.

My contact with ARC, (Bernie and Edwin)

Edwin from ARC called me August 8 about turning over my Americano unit with a quit claim deed so my special assessments and annual fees would be forgiven, but they were asking $5,000 in order to do so, to join their Travel Club, Freedom 365. He said this would be a better deal for me than staying with Americano Resort. Edwin said Americano will continue to have large annual assessment fees and I will have to pay assessments plus maintenance fees each year.

Edwin stated if I do not pay the assessment and maintenance fees, my timeshare would go to foreclosure, plus I will have to pay property taxes. I told Edwin I knew of many not happy with the current Americano situation, with the resort not open. In my situation, I would be paying out good money after bad. I could not decide that day. They said they had to have $1,000 to hold the offer. I paid $500 with my credit card, but disputed the charge because of their aggressive sales tactics.   

Freedom 365 would require I travel to one of their properties at least one time per year at a cost of $299. I never even stayed at the resort I bought! They also offered 1,000 points each year to be deposited to my account so I could book other stays. The difference between the price given and the discount rate would come from the points. Points would not carry over if not used, or if some were remaining at the end of the year, after paying $299 for travel and the other travel destinations through Freedom 365. This plan sounded convoluted and the last thing I needed to do was pay an additional $5,000 for something I never used.

They told me foreclosure letters would be going out soon. I wrote a check for my 2017 dues but apparently the check was never cashed. I feel the industry needs to do something besides browbeat seniors who have been paying them money for years, holding them as financial hostages. So, I brace for the collection calls and demand letters. I find the industry shameful.

Thank you to Della for sharing her story and to ARC for their response. Della is not alone. Inside Timeshare has been flooded with complaints, and not just from seniors. We hope industry executives will wake up and realize this is not the way to keep timeshare viable and healthy. Many families are devastated.

If you or someone you know has a timeshare problem, contact Inside Timeshare or one of the self-help groups listed below.

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 Della for your article and also to Irene for the editing and introduction, also a big thank you to ARC for responding, at least they have informed us and our readers that they do have a policy in place and who it is managed by. As Irene stated in her introduction, it really does depend on who you speak with, if only other timeshare resorts and developers informed members of the correct department, we would not have the situation we have today.

If you have any comments or questions on this or any other article published, Inside Timeshare would like to hear from you, use our contact page and please let us know where you are located. This helps us to make sure we get the correct answers for you.

Also it is that time of year, especially in Europe, when many cold calling “scam” companies start to make contact, if you are contacted by any company or even found one on the internet and want to know if they are genuine, then contact Inside Timeshare and we will point you in the right direction.

 

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

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

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

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

Now on with today’s article.

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

  

Start with the Attorneys General

If necessary, continue to the FBI at IC3.gov

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

FTC Unfair Practices

An act or practice is unfair where it

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

FTC Deceptive Practices

An act or practice is deceptive where

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

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

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

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

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

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

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

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

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

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

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

To begin your complaint, raise your right hand.

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

Information Needed to File a Timeshare Complaint

Name (s) and age of member

Phone Number

State of Residence

Member Number

For each contract in dispute:

Where Purchased and Date of Purchase

Number of Points Purchased

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Down Payment

Amount Financed and Interest Rate

Loan Number

Current Loan Balance

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

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

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

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

MOST IMPORTANT – Purchase Timeline

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

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

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

Attorneys General

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

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

The FBI

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

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

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

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

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

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

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

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

Summary of Regulatory and Law Enforcement Agencies

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

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

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

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

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

Who We Are and Why We Do This

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

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

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

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

Contact Inside Timeshare or email Irene Parker at

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

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

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

http://tug2.net/

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

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

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

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

July 7, 2018 Irene Parker Timeshare Advocacy Group™     

Related article: FTC Section 5

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

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

The Tuesday Slot with Irene

Welcome to this week’s Tuesday Slot, this week Irene Parker looks at the 2nd quarter of the year from The Timeshare Advocacy Group™, it clearly shows how this group has grown. This group is clearly making the industry very jittery, but as we have said before, “they only have themselves to blame”.

In tomorrows article we will be having a quick look at the latest news from the courts in Spain, there have certainly been some incredible results this week. So rather than give them here they deserve an article to themselves.

Now on with the Tuesday Slot.

The Timeshare Advocacy Group™

2nd Quarter Report

By Irene Parker

July 10, 2018

Timeshare Advocacy Group™  assisted 483 timeshare families as of June 30, 2018. TAG took root February of 2017. About a half dozen of us started a clearing house of information and as Inside Timeshare gained readership, more and more timeshare members reached out to us for assistance and advice. One of our Facebooks that began with 30 members February 2017 now proudly posts comments from 1570 members from 30 countries!

TAG received a total of 267 requests for assistance for all of 2017. Just through the first half of 2018, TAG received 228 requests from timeshare members, so we approached double the volume of complaints, just in the first six months of 2018.  Timeshare members seek straight answers which our advocates provide free of charge from Australia to England and between.

All but a handful of our 483 families reported back to us that their complaint was dismissed with, “You signed a contract” or “We’re not responsible for what our sales agents say.” If this is the official position at some timeshare companies, we feel the consumer should be aware of this in order to make an informed decision as to whether a timeshare is right for you or your family.

Not one of the 483 families that reached out to us was aware that there is little to no secondary market for many timeshares. We encourage timeshare buyers to contact a member of the Licensed Timeshare Resale Broker Association before buying any timeshare. Licensed timeshare resale brokers, charging nothing to list a timeshare, work in all timeshares and can cover the spectrum of available choices helping you decide whether it is best to buy on the secondary market or direct from the timeshare developer. There are pros and cons for both. http://www.licensedtimeshareresalebrokers.org/

About half of the members reaching out to us are battling serious medical issues or hit one of life’s road bumps that made the timeshare unusable or unaffordable. Many are saddled with high interest rate loans and some with higher interest rate credit cards. Unlike your personal residence, it is difficult to get rid of a timeshare that has an outstanding loan. We have been contacted by senior after senior, facing foreclosure for the first time in their life, because of defaulting on a timeshare loan. Almost all have high credit scores and have rarely been late paying a bill. The foreclosure process can be devastating.  Just knowing you are not alone can be a comfort. This is a difficult process for the young as well.

Our Military Team leader, John Collick, experienced his complaint dismissed with “We are not responsible for what our sales agents say,” As described in John’s Inside Timeshare’s July 3 article. John said he was told the timeshare he had owned for years was being acquired by the company he booked a stay with, told he needed to buy timeshare points from that company as the points would cost much more after his resort was acquired. According to John, this information was false.

“We’re not responsible for what our sales agents say,” seems somewhat of an admission that Section 5 of the FTC code has been violated. According to the Federal Trade Commission Section 5:

An act or practice is deceptive where

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

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

Our standard disclaimer is that we know there are millions who use their timeshares with no complaints. We are encouraged by some timeshare developers who seem sincerely interested in improving timeshare sales practices.

We are proud to have grown to 44 advocates, professionals bringing their skills and life experiences to the table to advocate on behalf of timeshare members seeking to address concerns about their membership. We have established seven teams. Although all our advocates are dedicated, it is understandable that once a dispute has been resolved, enthusiasm diminishes, especially if the member was required to sign a non-disclosure agreement. Over the past year, more core advocates have volunteered to stay with us for the long haul, as we continue to organize and improve operations. If you signed an NDA, it does not prevent you from joining our legislative outreach team, for example.   

Leading our efforts:

  • Reporting Team, functions as a quality circle management team     
  • Media Team Leader – Richard Sokolowski, real estate agent, Arizona
  • Military Team Leader, John Collick, First Sergeant, USMC (Retired)
  • Legislative Team Leader, Sheilah Brust, retired from the New York Governor’s Office of Employee Relations
  • Scam Research: Deniece Vargas, California
  • Technology Support (Open due to Team Leader signing an NDA)
  • Foreclosure Support, Scotty Black, M.S. Criminal Justice

Probably the most common comment we at Inside Timeshare hear is, “At least I know I am not alone.” Proactive action, working with a volunteer towards timeshare resolution, relinquishment, refund, or even foreclosure, takes the problem from the unknown to the known.

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.

Consultants and behind-the-scenes advocates add an additional layer of advice and protection. One very important consideration is that many of those we have helped were on their way to the upfront “guaranteed to get you out of your timeshare” firms that sometimes prey on those already victimized. Not all are bad, but scams abound.  From this perspective, the developer, the timeshare lobby, and TAG advocates are on the same side. This 15 page Department of Justice report listing timeshare fraud, jail terms and fines, says it all:

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

Thank you to all our Contributors and upcoming new Contributors. Contact Inside Timeshare if you, or someone you know, needs assistance or would like to share their timeshare story for the benefit of others.

“Knowledge speaks, but wisdom listens” Jimi Hendrix

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

So that’s it for today, all it leaves us to say now is if you have been contacted by any company or found one on the internet and want to know if they are genuine and can be trusted to what they claim. Contact Inside Timeshare and we will point you in the right direction.

Friday’s Letter from America

Sell My Timeshare Now Exploits Inside Timeshare’s Name

INSIDE TIMESHARE IS NOT IN BUSINESS WITH

SELL MY TIMESHARE NOW and does not endorse SMTN

Sell My Timeshare Now has plagiarized Inside Timeshare’s name by using the keyword search words INSIDE TIMESHARE RESALES AND RENTAL on this link.

http://ww2.sellmytimesharenow.com/timeshare/Inside/vacation/

29 June. UPDATE TO TODAY’S ARTICLE: Today’s article was published because SMTN ignored, until today, our request  to remove Insides Timeshare from their headline and internet search words, “Inside Timeshares Resales and Rentals” 
Just today we notice Inside Timeshares has been removed, but we keep this article posted to remind timeshare members to check  with a licensed timeshare resale broker before paying anyone upfront money to list your timeshare. They can get you an accurate assessment as to whether your timeshare has any secondary market value. They charge nothing upfront to list a timeshare.   

We had previously pulled two timeshare members’ articles after Sell My Timeshare Now (SMTN) refunded the members their money. Both members owned a timeshare widely reported as having no secondary market. There are few, if any, licensed timeshare resale brokers that will even accept a listing for the timeshare these members owned.  SMTN charged the families $1500 to $1700 to list their timeshare points, only to see the listing stagnate over the next year.

Reviewing a report from a few months ago, submitted by a timeshare member who had been solicited by SMTN, I noticed a quote the member provided from SMTN agent Richard Salzenstein. The member said Mr. Salzenstein agreed that her timeshare had no secondary market, but declined to answer why SMTN continues to accept listings for this company.         

Timeshare members solicited by SMTN threatened to file regulatory complaints accusing SMTN of offering real estate advice without being a licensed real estate agent, because both members said SMTN assured them they had listed at a good price. After checking with a timeshare insider, I was advised that this could be considered acting as a real estate agent without being licensed. SMTN agents are not licensed real estate agents. When the timeshare members threatened to file complaints, SMTN refunded their money.

As a courtesy, when a timeshare member approaches us about an article, we send a draft of the article to the company, hoping the company can resolve the dispute. Inside Timeshare would always rather see a member helped than publish an article. If the key words are not taken down, Inside Timeshare will direct readers to the New Hampshire and Florida Attorney General’s Office where SMTN is domiciled or operates as well as state real estate licensing commissions.    

Sell My Timeshare Now is not a scam, because there are timeshares with resale value. The company can make plenty of money listing timeshares points of companies like Hilton, Marriott, Disney, Starwood and Hyatt that do have some secondary market value.

SMTN is not Ebay or Craig’s List. SMTN advertises that they are knowledgeable of the timeshare industry and are a resource for timeshare members. By accepting listings for timeshares known to have virtually no secondary market, SMTN is harming beleaguered timeshare members already financially stressed.

June 29, 2018

By Irene Parker

If any timeshare members wishes to sell a timeshare they should check with a member of the Licensed Timeshare Resale Broker Association. They charge nothing upfront. We have often referred timeshare members to LTRBA.

http://www.licensedtimeshareresalebrokers.org/

This is the member’s report from the article we previously pulled:

I responded to a Sell My Timeshare Now (SMTN) solicitation. I had been trying to get rid of my timeshare points for years. I wasting $1600 by listing with SMTN, I was relieved to find a member sponsored Facebook page where I learned the company had launched a voluntary surrender program. We applied for the program and were accepted. We were able to avoid the painful collection calls that come after the member stops paying maintenance fees. 

Nikki Salvador of We Buy and Sell Timeshares recommended SMTN.

My SMTN listing agent explained that the upfront money charged is not a commission. In addition to the listing fee of $1,600, Maria quoted $800 to $1200 estimated for attorney fees should the points sell. I listed the points for around $14,000. Any knowledgeable member of this company knows this is a ridiculous listing price for my points, given the number of members on Facebooks and websites seeking to give away this company’s points.

Maria assured me demand for my points is high. I started inquiring about inactivity since we had not heard anything. Maria said, “People are looking at it. The price is good.” By advising a price, and advising me our price is good, I learned Maria was acting as a real estate agent without being licensed. I dropped the price to $12,500. Nothing happened. The timeshare points are worthless.   

SMTN still retains their Better Business Bureau rating of D.

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

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.

Accepting upfront money to sell a timeshare is illegal in some states like Florida, but it seems companies can work around the law by calling it an ad or subscription fee, or a market analysis.

After receiving our first SMTN complaint, I called SMTN and talked to Mike. The first question I asked Mike is, “Can I rent my points through SMTN?” Mike said renting my points is no problem. When I informed him this company does not allow the renting of points through a third party site like SMTN, Mike said he would have someone from legal call me. I did not hear back. I offered to email Mike the rule from the member handbook.

According to Better Business Bureau files,

Sell My Timeshare Now, LLC

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.

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

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:

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

ken1193

1 month ago

Timeshare members seeking to sell their timeshare need to do their homework.

This is a Department of Justice report about timeshare transfer violations:

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

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 have had any experience of this or any similar company and want to share it, then use our contact page and get in touch, Inside Timeshare welcomes your stories.

On the subject of the warning issued about some of the fake law firms and claims companies, Inside Timeshare has been informed by Canarian Legal Alliance that the fake law firm Abogados Lopez have had a denuncia made against them with the Guardia Civil and at the Courts.

This means that the callers Hope Brugge, Megan Heywood and Paul Tyler if those are their true names are now under investigation. Readers who have informed Inside Timeshare of being contacted have also made reports to the UK authorities using the Action Fraud website.

That’s it for this week, Friday is here and it is the start of another weekend, have fun and join us next week for more news and views on the murky world of timeshare.

Friday’s Letter from America

It’s Friday and time for another Letter from America with Irene Parker, this week is part 1 with part 2 due shortly. Now, in Europe it has been a little quiet on the courts front this week, although there have been many cases before the courts, no sentences have been announced, so nothing there to report.

Inside Timeshare has been receiving many more enquiries regarding RSB Legal and Taylor Marshall Associates, these have all been very similar. They have all paid substantial amounts of money to have their timeshare contracts cancelled, none of this has been done. They are all receiving demands for unpaid maintenance and many are now in around two years of arrears.

It is obvious that these contracts have not been cancelled, despite what RSB Legal and Taylor Marshall are saying. All those who have contacted us have told us the same thing, their resorts have insisted that they do not deal with third parties to cancel contracts, only direct with the member.

Club la Costa has also been explaining this to members, they even informed RSB Legal and Taylor Marshall that they would not deal with them. But obviously they just carried on regardless and taking huge amounts from members knowing full well they would not get the contracts cancelled.

Another company which Inside Timeshare reported on in May, has come up yet again, Donaldson Bruce Associates, as we stated in the original article there is no record of them at Company House in the UK or in Spain. The website is registered under a privacy company and there is no address given just a contact page and a Sheffield telephone number 0114 303 0678.

This time the caller who stated to our reader that Diamond Resorts is closing its European Portfolio and will only be operating in America, well that is news to us and all the Diamond members who own in Europe! Having spoken with Diamond Resorts today about this company, they are now looking into the matter, they also confirmed that they will only deal with members direct regarding surrender of membership and not with any of these types of companies.

This is obviously a scare tactic on the part of Donaldson Bruce agents, to get people to sign up for a claim. Diamond Europe I believe, would inform their members if anything like this were to happen, after all it is in their interest to do so.

We do know that Diamond did close their sales offices and many staff had to be laid off, obviously many of these have set up these “claims” companies and may be using the data “stolen” from Diamond to contact their old clients. On the point of the sales office closures, this was done for economic reasons, Diamond have franchised out the sales side so they are no longer responsible for the marketing costs or wages of the sales staff.

http://insidetimeshare.com/thursday-news-slot-a-new-cold-calling-claims-company/

So now on with our Letter from America.

Part I – Did You Get the Letter?

Part II – I got some letters

By Irene Parker

Most members begin their report: They said I should have gotten a letter…

June 22, 2018

There is no question there are millions of timeshare members happy with their timeshare. However, many existing members may be unaware their timeshare has little to no secondary market until a life event makes the timeshare unaffordable, or useless, because of the inability to travel. Deeding it back to the timeshare company without receiving any monetary value back may be acceptable when you have used the timeshare for many years, but what about the buyer who purchases a timeshare and then learns, sometimes just weeks after purchase, they were a victim of fraud? Most of the 466 families reaching out to Inside Timeshare allege they were baited and switched. Many with 800 credit scores now brace for foreclosure.

We need to equip the existing timeshare member, as well as the first time buyer, with the tools needed to make an informed decision. We feel the timeshare consumer should be made aware that there may be little to no secondary market for the timeshare they purchased. It would be helpful to know that the points you paid $60,000 for should only be listed for $4,500, in the case of one timeshare company that has even this much of a secondary market. A member of the Licensed Timeshare Resale Broker Association can estimate what your timeshare may be worth. LTRBA members will not even accept a listing for the points I purchased feeling my timeshare points have no secondary market. http://www.licensedtimeshareresalebrokers.org/

Do not pay anyone upfront money to get you out of your timeshare without checking with us or one of the self-help groups listed below. There are many scams created by this flawed points based product.    

Existing timeshare members almost always begin their complaint like this:

Sales agent: “Did you get the letter?”

Timeshare owner: “What letter?”

Sales agent: “You should have  gotten a letter.”

Timeshare owner: “I didn’t get a letter.”

There was no letter and the reason the sales agents said this was to disturb the existing member. This is a common sales technic. As a financial planner, I disturbed my prospects with, “Do you know if you have saved enough to generate 70% of your current income in retirement?” The difference was my prospects needed to fear this, but in complaint after complaint, the fear factor was used to coerce a timeshare member to give up their deeded timeshare and convert to points, or lose everything. Another fear factor is, “If you don’t buy points (if they are not holding a deed), you won’t be at the level needed to pay maintenance fees with points (or sell points if that is the member’s concern). No timeshare member is required to give up their deed, unless all owners are required to do so because the timeshare is being terminated.

 Many members are astonished at the level of deceit they say they experienced. One former timeshare sales agent told me her manager told her to order the CIA Manual on Human Manipulation. When I looked up human manipulation I found several of the  20 most common manipulation techniques used, have been used on timeshare buyers. The actions of these bad apples makes it hard on sales agents that do sell the product honestly. For some companies, I’m not sure if the honest or dishonest agent is considered the rogue.

  20 of the most common manipulation techniques (my comments to the techniques I picked out as applicable to timeshare are italicized)

The Patriotic Vanguard http://www.thepatrioticvanguard.com/20-most-common-manipulation-techniques-used-by-human-predators

  1. Lying

Predators are constantly lying about practically everything in their life. They do this to wrong-foot their victim and confuse them. Lying is one of the manipulation techniques psychopaths typically use because they have no qualms about it.

Complaints always begin, “The sales agent said” and the member’s complaint is almost always dismissed with, “We are not responsible for what our sales agent says” or “You signed a contract” unless the member is holding a smoking gun (like the recording of a fraudulent sales presentation or a sophisticated spreadsheet they managed to get a picture of or smuggle out). One complainant even said her sales agent told her when she contacted him, “It doesn’t matter what I said. The only thing that matters is what you signed.” This dismissal is backed up by some Attorney General Timeshare Division reviewers, responding, “You have no proof” or, “You should not have relied on verbal representation.”

Okay fine. Our mission is to alert the public not to believe a word a timeshare sales agent says.

  1. Not telling the whole story

This is different to lying as a predator will often keep a key part of the story to themselves in order to put their victim at a disadvantage.

Oh Boy! We could write a novel about this tactic. “You can pay all your maintenance fees by charging to a credit card.” This may work for a timeshare sales agent earning $600,000 a year charging $270,000 to a credit card to pay a $2,700 maintenance fee, but for the average timeshare buyer, a 1% credit is a far cry from paying all the maintenance fees. “And you can use your points for airfares!” When I attempted this it would have cost $2,300 in maintenance fee dollars to book one domestic round-trip ticket. One former timeshare sales agent told me he was forced out for explaining the actual value. He had 30 years in the business before joining this particular timeshare company.

  1. Love-bombing and devaluation

Narcissists typically use love bombing as a manipulation tactic, they will go on a charm offensive and get you hooked into thinking this is the best relationship ever, then they’ll drop you like a ton of bricks without explanation.

This from Phyllis, being encouraged to give up her timeshare deed:

I am a senior citizen 5 feet tall women and he is a 6 feet tall man standing over me stating he was a child of GOD and he can help me then said to me “I am a friend I can tell you the best thing to do only if I signed”. He added the BANK CREDIT CARD. I was misled to only use the card for shopping that my points would go up and maintenance fees would go down. I never received the card. I never used the card. Now I have a trial date May 8, 2018 to pay their lawyers in the amount of $3446.04. They sent a letter stating the timeshare went into foreclosure and I am out of the contract. Since the timeshare and the bank are together I should be out of paying the bank as well? I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please – email me on what I can so as soon as possible. Thank You.

The credit card company kindly granted Phyllis a 60 day extension to July. She is representing herself.

  1. Denial

Often the simplest way a predator will manipulate a person is by denying the thing they are accused of ever happening.

The timeshare company party line response has been, “After a thorough investigation, the sales agent said he didn’t say that. Here are your initials on the fine print. You signed a contract. Kind regards.”

  1. Spinning the truth

How many times have politicians twisted the facts to suit themselves? This spinning of the truth is often used to disguise bad behaviour by predators such as sociopaths.

This is one of our most recent complaints:

After we said no to L, Mr. Richard C told us we should buy points to save money on airfare since we have to fly so often to India to care for my mother undergoing chemotherapy. Richard said we could use our points to pay for plane tickets to India to help reduce expenses. L gave a long lecture on how immigrants (referring to me) should behave in the United States and should invest in programs like this to save money on travel.  They said I could fly four times to India instead of two. We have learned this was all a lie.

  1. Minimising

Where a predator will try and play down their actions as not important or damaging and shift the blame onto the victim for overreacting.

“You were confused” is a frequent response.

  1. Targets the victim

When a manipulator accuses the victim of wrongdoing, they are making the victim defend themselves whilst the predator is able to mask their own manipulation techniques. The focus is on the victim, not the accuser.

See #4

  1. Positive reinforcement

This includes buying expensive presents, praising them, giving money, constantly apologizing for their behaviour, excessive charm and paying lots of attention.

In timeshare these are all the free tickets, restaurant coupons and giveaways.

  1. Moves the goal posts

You might think you know where you stand with a person, but if they are constantly moving the goal posts in order to confuse you, then it’s likely you’re dealing with a predator.

These seniors lost their entire savings, $13,000, and were foreclosed. They were sold a minimal number of points that they could have vacationed with, but then up-sold into foreclosure, told they would lose everything if they did not buy more points. The husband diagnosed with Alzheimer’s and the wife hard of hearing. The company used the recording of the QA against them telling the grown son, and “We recorded the QA. They were very engaged.” In a PR Release the company had stated the recording of the QA was an enhanced Quality Assurance. Members are not allowed to record the sales session.

http://insidetimeshare.com/the-tuesday-slot-with-irene-8/

  1. Diversion

Diverting the conversation away from the perpetrator’s act and moving the conversation onto a different topic is a typical way predators manipulate their victims.

When I told a scam my timeshare company does not allow renting points and I can send them the rule, they smoothly asked, “So how much are you paying in maintenance fees?” as they moved on to a travel reimbursement pitch.  

  1. Guilt tripping

Someone who manipulates can guilt trip their victim by saying that they don’t care about them or that they are selfish or their life is easy. It all helps to keep that person confused and anxious.

Guilt tripping in timeshare often lays a guilt trip on the parents that they are not providing adequate vacation time for the kids.

  1. Playing the innocent card

A true manipulator will feign utmost shock and confusion at being accused of any wrongdoing. Their surprise is so convincing that the victim may question their own judgement.

One member reported they were told, “Those sales agents at that sales center are good guys.”  This was a sales center we received over 50 complaints against, eleven against one particular agent.

  1. Over-the-top aggression

Manipulators often use rage and aggression to shock their victim into submission. The anger is also a tool to shut down any further conversation on the topic as the victim is scared but focused now on controlling the anger, not the original topic.

See what happened to Phyllis in Point 4. We are flooded with complaints about timeshare sales presentations that last for hours with members being browbeat by rotating aggressors until they were diminished down to mush. I’m not making this up. If I had not heard 466 stories, I would not be this confident.

  1. Isolation

It is far easier to keep a person under control if they are isolated from family members and friends who could shed some light and truth on the situation.

This is accomplished by NDAs and arbitration.  I refused to sign one after I was offered our money back, which is why I am still standing. The developer describes arbitration something like, “litigating from the comfort of your own home.” The timeshare company hires the litigator for $400 to $500 an hour.  

  1. Feigns love and empathy

Predators such as psychopaths and sociopaths do not know how to love someone other than themselves, and cannot feel empathy, but they can pretend to in order to inveigle others into their lives.

See what happened to Phyllis in Point 4.

If you watch out for the above manipulation techniques, you can keep yourself out of a predator’s clutches.

… For reading, responding and for helping others.

Contact Inside Timeshare or these self-help groups if you need help or have a question you need answered.

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/

FTC Report on Fraud

https://www.ftc.gov/news-events/press-releases/2018/03/ftc-releases-annual-summary-complaints-reported-consumers

Thank you Irene, we look forward to the second installment, join us again next week for more “Nightmares on Timeshare Street” and remember to do your homework, check, check and check again, there are many out there who just want to take your hard earned cash.

If you need any help in identifying any company that has contacted you or you have found on the internet and want to check if they are genuine, then use our contact page and get in touch.

Have a good weekend.