Browse Tag

Diamond Resorts

The Tuesday Slot

Welcome to this edition of The Tuesday Slot, this week Inside Timeshare publishes one of the last articles from Irene Parker due to the subpoena from Diamond Resorts in their case against Finn Law Group. Irene will, however, be submitting the progress of her GoFundMe campaign to raise the funds for legal representation.

Before we go on with Irene’s article, Inside Timeshare has received the following information from one of our readers regarding SG Abogados, the “FAKE” law firm which is part of the Litigious Abogados Family.

Our reader has been receiving numerous telephone calls regarding Diamond Resorts and Royal Oasis Club along with a Mr Barras (possibly the name they are using as “director”) being taken to court in Santa Cruz, Tenerife. According to the information given Diamond, Royal Oasis and Mr Barras are being taken to court for various reasons including fraud.

Some new names have now also come to light, they are supposedly the UK associates using the email address @sg-ukclaims, they are Andrew Hartley and Richard Lamont.

SG Abogados now claim that they cannot lose the case and will be working on a “no win no fee” basis, however, a fee, the amount is not yet given needs to be paid to the “Procurator” to file with the court. Once the case is lodged with the court all official court papers (FORGED) with be forthcoming.

Our Reader contacted Diamond Resorts and was told that there were no court cases being launched against them by this “law firm”. Inside Timeshare is in agreement as we already know that this “law firm” is fake and nothing but a fraud. More on this story as and when new information comes in.

Now for today’s article.

Diamond Resort’s Subpoena to Irene Parker

My $25,000 GoFundMe Launches Friday

September 24, 2019

By Irene Parker

I will not be publishing my regular articles for Inside Timeshare due to a subpoena I received from Diamond Resorts. Instead, I will publish my progress towards my $25,000 Legal Defense GoFundMe goal. My original goal was $50,000, but after discussion with the two law firms I have retained, and given that I really am a volunteer with no gold coins buried in my backyard, it is anticipated there may even be funds left to donate to a consumer protection organization.

I am not being sued by Diamond, but have become centre stage in what seems a strange lawsuit Diamond Resorts filed against Finn Law Group in 2015, especially since I’m playing such an important role.   

My Timeline

I met attorney Mike Finn late January 2016 after reading Gretchen Morgenson’s New York Times article, The Hard Sell Timeshare Comes Roaring Back. (Highlight the link and right click to open).

https://www.nytimes.com/2016/01/24/business/diamond-resorts-accused-of-using-hard-sell-to-push-time-shares.html

I contacted California attorney Eric Ridley March of 2016 after reading how Mr. Ridley sued Diamond Resorts, accusing the company of Elder Abuse. Louis Wolff was 81 years at the time of this lawsuit.

Louis Wolff claims Diamond Resorts International Club and six affiliates used high-pressure sales tactics to open credit cards in his name, run up bills on them “before plaintiff even realized the cards existed,” and charged him more than $50,000 for “membership ‘services’ in DRI entities.”

https://www.ridleylawoffices.com/blog/diamond-resorts-timeshare-accused-elder-abuse/

In January of 2017, I contacted Albright Stoddard Warnick and Albright to learn more about a billion lawsuit filed against Diamond Resorts. The judge ruled in favour of the arbitration clause, so the class action did not go forward.

https://insidetimeshare.com/1billion-law-suit-diamond-resorts-international/

Later in 2017, I contacted the law office of Amir Goldstein after finding this lawsuit filed against Diamond on behalf of Fe Jocson. I referred Fe to Amir.  

https://www.classaction.org/media/jocson-v-diamond-resorts-international-club-et-al.pdf

I could go on, but suffice to say the reason for my research was because in 2015 I was invited to be interviewed by the late Las Vegas attorney, Bob Massi, host of the popular FOX television show called Property Man. After a horrific timeshare presentation experience at Grand Beach Resort in Orlando, I saw Bob’s segment about a 90,000 square foot home being built in Orlando by Westgate owners. My husband and I were on our way to Venice, Florida, moving from Kentucky, when we attended the presentation. I wrote a sort of Fairy Tale about it:

“The Queen of Versailles and the peasant of Venice”

https://insidetimeshare.com/peasant-venice-queen-versailles/

I even had business cards made

Sometime in the fall of 2016, the Saldana family reached out to me, referred by a licensed broker who felt awful after telling the family Diamond points have no secondary market value. I reached out to a Diamond attorney on the family’s behalf, an attorney I actually liked. I referred the Saldana family to Eric Ridley when Sylvia asked me a legal question I could not answer. Diamond’s attorney resolved the matter, so Sylvia did not retain Mr. Ridley.        

https://insidetimeshare.com/irene-parker-write-barclay-card-usa/

I referred Diamond members to Finn Law Group and will continue to do so. Now, however, we have a list of seven law firms we know and trust. I have met face to face with five of them. I have heard from over 1,000 timeshare members, spanning the globe. There were a few from as far away as Australia and Malaysia. I receive timeshare complaints from timeshare members concerning a variety of timeshare companies.  https://www.finnlawgroup.com/

Sometimes members ask to speak to an attorney or ask me a legal question I can’t answer. Often they are at the end of their rope. We promote self-advocacy, but not everyone has the time or temperament to self-advocate.

The lawsuit Diamond v Finn Law Group as reported by the Orlando Sentinel:

Finn and Diamond signed a settlement agreement in 2015 because Finn was bringing so many cases against the company, according to Diamond’s lawsuit.

It says in its latest lawsuit documents that the contract required them to cancel a number of contracts for Finn’s clients, while Finn agreed to stop reaching out to Diamond timeshare owners.

Diamond says Finn disclosed the contract to third parties, violating an agreement to keep it confidential. But Finn responded in court that Diamond failed to cancel some of the contracts it had promised to, while the timeshare company also violated the confidentiality agreement, rendering the contract void.

https://www.orlandosentinel.com/business/os-bz-orange-lake-timeshare-finn-20180404-story.html

Based on the account above, it sounded like lawyers squabbling. I never dreamed I would become the centre of the lawsuit! I’ve retained two law firms. One would have been enough, but I retained the second to help with future plans.

Indirectly, these attorneys are representing you – anyone who has experienced unfair and deceptive sales practices.    

The subpoena I received from the law firm of Baker Hostetler below is nothing short of bizarre. I attended the Whistleblowers Summit this past July and even participated as a panel member in a discussion on ethics and resiliency. I’ve learned any whistleblower worth his or her salt should expect retaliation.  

When I hear from a timeshare member, I direct them to contact their resort instead of contacting an exit company. I provide contacts for the appropriate department and explain the pathway to file regulatory complaints if the member reports unfair and deceptive practices. It is every consumer’s right to file regulatory complaints.  

What Happened to Us 

We purchased Diamond timeshare points, in 2012, only to learn it would cost approximately $8,000 to stay in New York hotels using Diamond points, compared to about $3,000 for the same hotel, same week booked online. I checked year-round. We purchased these points because our daughter lives in New York City. Eventually, after filing complaints with the Arizona and New York Attorneys general, I was offered my money back. I refused to sign the NDA.

I contacted Diamond’s Member Services about the extreme disparity in value. The agent I spoke with explained that those types of properties are for people who bought so many points they don’t know what to do with them all. Having garnered complaints from over 100 Diamond Platinum members who say they mistakenly bought points told they would be relieved of maintenance fees, I understand. 

My daughter Michelle has experience fundraising. I’m hoping she will start a jar: “My Mom’s Legal Defense Fund for Helping Timeshare Hostages” at Daredevil. Michelle raised $30,000 on Kickstarter to launch DareDevil Tattoo Museum. A lot of people seeking tattoos find DareDevil. Over 200 lineup every Friday the 13th as documented by Forbes: https://www.youtube.com/watch?v=TpHYJCmDJjM

The CEO of Airbnb personally helped launch Michelle’s Airbnb “Experience,” a tour of the Bowery. Michelle is the only NY tattooist also a licensed tour guide.   http://insidetimeshare.com/tuesday-slot-airbnb-v-timeshare/

Michelle’s tattoo was featured in a New York Times article when her artefacts were displayed at the New York Historical Society a while back.

Thanks to Diamond, I inadvertently became a contributor for Jim Cramer of Mad Money, Cramer’s investment news service TheStreet.   https://www.thestreet.com/story/13624491/1/is-apollo-returning-to-its-junk-roots-with-its-acquisition-of-diamond-resorts.html

Employing the skills I learned as a CASA supervisor, which included writing and editing court reports on behalf of children in foster care, I started interviewing timeshare members the way I was trained to interview biological parents and their kids. CASA stands for Court Appointed Special Advocates. Our court reports helped judges make a determination as to the best outcome for a child in state care. Listening to a timeshare member is a lot like listening to a mom whose child has been placed in state care. You can substitute “timeshare member” for “child”, Give a Timeshare Member Hope.

Baker Hostetler, the law firm that sent the following subpoena, is closely associated with the timeshare lobby ARDA. This is #1 of 13 demands imposed by the subpoena. Next Tuesday I will publish #2 of 13.   

Subpoena demand #1 of 13

Diamond has demanded the following documents (edited for brevity).  

The first subpoena demanded the history of my life since I was old enough to talk. The judge ordered a “narrower in scope” subpoena so that I only have to produce documents that pertain to the Diamond v Finn Law Group lawsuit.

Definitions and Questions pertaining to #1 of 13    

Correspondence – Letters? I have no telegrams, cables, telexes, facsimiles.

Emails: I’m happy to provide emails, but we have a dilapidated HP printer that gasps when I print five pages. I’m told you can hire a company to help with discovery, so I’ll need to raise money for that too. 

Text messages: I thought they disappeared after a while. I can provide many text messages, but I don’t even know how to do a Facebook screenshot. I will need technological support for this one.

Contracts and Proposals and Agreements: That’s an easy one. I don’t have any.

Minutes: I don’t have any of those either.

Acknowledgements:  noun: acknowledgement

  1. acceptance of the truth or existence of something. “there was no acknowledgement of the family’s trauma”
  2. an author’s or publisher’s statement of indebtedness to others, typically one printed at the beginning of a book.

I ask Mike to review an article if I think I might have written something defamatory. For example, I once used the term Ponzi scheme. Mike said that was defamatory, so suggested Monopoly Money.

Notes: I jot down notes like when I reach out to an expert to ask something like, “What the hell is a Travel Club anyway?”

Memoranda: Definition: I had to look this one up.

Analysis: I have analyzed and tracked Diamond sales agents repeat offenders since 2016. I’m more than happy to provide that information as for years I have been trying to get anyone to listen to me.  

Projections: I don’t have any formal projections, but unfair and deceptive sales practices are on the upswing, based on my research.

Work Papers: I have a spiral bound notebook when someone calls. Is that a work paper or a note? 

Books: I edited All about Timeshares: Before During and After the Sale. The book was authored by a former Navy Journalist, timeshare sales agent and executive, Wayne Robinson. I received no compensation or royalties. I highly recommend this book which can be purchased through Barnes and Noble.

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

Forecasts or Appraisals: Nope

Papers:  Like a White Paper? What’s the difference between a note, a work paper and a paper? 

Records: I kept a record of the first 1000 families to contact me, but I stopped counting after 1,000 because I feel I have enough data. The volume of disgruntled members has increased to the point I can’t keep up.

Reports: What’s the difference between an analysis and a report? Doesn’t a report contain the analysis of DATA?

Diaries: It’s called Inside Timeshare and is available online.  

Statements: I’m more than happy to produce my bank statements. This timeshare ministry is costing me $400 a month in lost piano student revenue.

Questionnaires:  I surveyed the members of the Licensed Timeshare Resale Broker Association because I wanted to know why they would accept a listing for any major timeshare except Diamond. Most would not say anything in fear of being sued, so I must redact this report. They said Diamond has draconian restrictions on the use of points acquired on the secondary market.   

Schedules: I’m retired. I have no schedule.

Computer programs or data: I will have to ask my husband. He does all that.

Books of account: My chequebook?

Calendars: I have one of those! 

Graphs, Charts, transcripts: I have none of those, although a Diamond member emailed me transcripts of a deceptive presentation. 

Tapes or Recordings: I recorded Irene and Dale, a Bronze Star Veteran, who has been financially devastated because of their last Diamond purchase. We received 21 complaints against their agent who reported earning over $2 million a year.  

Photographs: One of Diamond’s Platinum members wondered if they could find a courtroom big enough to hold us all.

Pictures or films: Films? We may have one in 2020 suggested by a timeshare buyer whose son is a director.  

Videos and audio recordings: I thought that was tapes and recordings.

“And all other information where data can be obtained, including all underlying, supporting or preparatory material now in your possession, custody or control.”

The term “documents” specifically includes documents kept by individuals in their desk, at home or elsewhere.  

In conclusion:

Those so motivated by greed cannot be expected to understand someone motivated by compassion. These big outside counsel law firms can bury a small law firm, much less a 68 year old lady who has been working for you for free, now at 52 volunteer hours per week. It’s a labour of love. I’m not complaining.  

#1 of 13 – How’s this for a run-on sentence: 

1. Any printed, written, taped, recorded, graphic, electronic, computer materials, from whatever source, whether in draft or otherwise, whether sent or received, or neither, which contains of from which information can be obtained and which is in Your possession, custody or control, including, but not limited to, the original, a copy, and all non-identical copies whether different from the original because of notes made on or attached to such copy or otherwise of any and all writing, correspondence, letters, telegrams, cables, telexes, facsimiles, emails, text messages, contracts, proposals, agreements, minutes, acknowledgments, notes, memoranda, analyses, projections, work papers, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books or account, calendars, graphs, charts, transcripts, tapes, or recordings, photographs, pictures or films, ledgers, registers, work sheets, summaries, digests, financial statements, pictures, videos, audio recordings, audio recordings, and all other information where data, records, or compilations can be obtained, including all underlying, supporting or preparatory material now in Your possession, custody or control. The term “document” or “documents” specifically includes documents by individuals in their desk, at home or elsewhere.

To be continued  

Posted on RedWeek by “Janet” on a thread about Finn Law Group followed by Irene’s response:

https://www.redweek.com/forums/messages?thread_id=19198;page=last

This place (Finn Law Group) is a real law firm but shady. If you look at their BBB all the reviews are in 2019 and roughly a week apart. Also, a lady by the name of Irene Parker (diamond advocate FB forum) was referring all the people on her site to him. She claims her process is free knowing she’s not getting anyone out so after they realize this, she sends them to Finn and he charges thousands of dollars. Well, now it’s claimed that he was giving her kickbacks, commissions, and a finders fee. See, lawyers are not allowed to call or use any form of phone solicitation. How perfect was this set up. He probably contacted her to make a deal. You send them my way and I will take care of you. Ie cash money. Problem is, lawyers can’t split legal fees so I’m sure it’s all under the table.

Diamond is suing him and it looks like she is in hot water too. Diamond is shady yes, but so is Finn law group and Irene Parker. She now Is forming a go fund me page to help pay her legal fees. Why not use the free lawyer she claims will help and she is so tight with. Her quote. Last story. I had a diamond timeshare and went through her form to fill out. It’s a joke. I could tell it wasn’t going to work and asked many people if they had results. No responses, but she also chimed in with how many people she helped. Well, I found a local law firm and was able to get out of mine. It took 9 months but I was out. So I go to her forum to share my experience and got blasted by her and was asked to delete my post. She told me that the law group I used wasn’t approved by her. Well hell,I. never mentioned who it was. She knew it wasn’t Finn because she knows every client she refers. Anyway, I left her fb group. I knew right then she didn’t want any of her thousands of followers to maybe ask me who I used. It would have put a damper on her little side hustle. It’s fine if you want to help people and refer them to a law firm, just be straight up and tell what you’re really doing. Truth always comes out and will eventually. Thanks

Last edit by julieb989 on Sep 20, 2019, 07:24 PM.

My Response to this loon: (#1 a positive outcome requires an NDA)

Janet,

Thank you for posting false and defamatory statements. I have forwarded them to Finn Law Group. #1 the FB is not my site. It is a Facebook launched by an economics professor. It has grown to 3600 members. https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

I do this because of symptoms of PTSD. My best friend Jayme Simmons lived with me the last two months of her life, in fear of her husband. He shot her in the face three times in front of her two-year-old. I was to testify premeditation but John switched his plea to guilty. He got 7 years. This is not the first time I worked full time for free. I worked for a year for free to raise money to fund my position at CASA, Court Appointed Special Advocates for children in foster care. With the proceeds, I raised from car shows, and a grant, I launched Fostering Futures, a program to aid teens ageing out of foster care, one of our nation’s high-risk populations. I also designed the volunteer program working for two years for free for the Diocese of Newark, at the Aids Drop-In Center.

I don’t get anyone out of their timeshare. I read their complaint, direct them to contact their resort, and if dismissed with “you didn’t say anything on the recorded QA,” we direct them to file regulatory complaints. I have several who have been through our process of helping other members, answering questions about regulatory filings. As a consequence, hundreds of disputes have been resolved.

Your comments don’t bother me. I consider the source. Here’s a testimony from one of the over 1000 families who have contacted me. Over 100 Diamond Platinum members have contacted me. One of them said she hoped they could find a courthouse big enough to hold all of us. About 90 of the Platinum complaints have resolved.

“My dad has had the contract he was upset with rescinded leaving him with his original contract, as he wanted. I was the one who did all the contracting and emailing for him and I truly do not know if that was responsible, the notification came through his attorney. Whether it was the attorney or the emailing, etc., I have no doubt at all that your efforts have changed the climate of the topic and the industry, and in some way affected the positive outcome for my father. Txxx and I will continue to support your efforts and hope that you also find some satisfaction in definitely being the person who interjected hope for a 90-year-old person who was despondent and really disappointed in himself.

I’ve suggested Inside Timeshare publish your comments, Janet.

Irene Parker

We seek to provide timeshare members with 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://tug2.com/Home.aspx

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

Free at Last Timeshare Support Course offered by Straight-A-Guide

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

https://www.facebook.com/groups/376743609795740/

Wyndham Carriage Resorts Facebook

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

Sapphire Starpoint  

https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2Fgroups%2F292083584642570%2F%3Fref%3Dshare

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

https://www.facebook.com/groups/2213231165610648/

Thank you Irene, Inside Timeshare will be following this case closely and along with all our readers wish you and Mike all the very best.

To all our readers please support Irene with her GoFundMe campaign, she has given so much and she now needs our support.

The Tuesday Slot

Welcome to the latest edition of The Tuesday Slot, as we know Irene Parker has received a subpoena to disclose emails and other documents which she lists in the article. This is a blatant attempt by Diamond Resorts to attack a volunteer who works hard to help others resolve their timeshare disputes, as we all know Irene receives no payment whatsoever for the work she does, neither do any of the other volunteers who have stepped forward to take some of the pressure away from Irene. Please support Irene in whatever way you can.

One thing that Inside Timeshare finds very sad with all this is that a company wants to subpoena one of their own customers, especially to silence one that refused to sign a non-disclosure agreement.

The Subpoena Diamond Resorts sent to me, a volunteer

By Irene Parker

August 9, 2019

Instead of Diamond Resorts, and other developers, acknowledging that they may have a few bad apples, the timeshare lobby ARDA, in cooperation with several developers, has raised $50 million to crush timeshare exit companies, legitimate law firms providing timeshare relief services, and my 81-year-old husband and me.

The Orlando Sentinel supporting Diamond Resorts:

https://www.orlandosentinel.com/business/os-bz-timeshare-castle-diamond-20190719-3zvqhr46yjcnplwm33fyhgm3iy-story.html

HotelBusiness supporting the consumer:

To The Editor:

As a hotel owner and operator, and as an attorney who has represented hotel owners and operators since 1988, I am a regular reader of your publication. At the end of the Mike Flaskey opinion piece, [which appeared in the July 15 issue], you requested comments.

While Mr. Flaskey provides helpful advice for avoiding scams, he and ARDA have chosen to ignore the underlying problem. People wouldn’t become prey for scammers if the companies selling timeshares provided them with a reasonable means of exiting.

There are many reasons people want to sell or otherwise exit; it could be age, changed financial circumstances, changed family circumstances, or simply dissatisfaction with the product that was represented at the time of the high-pressure sales pitch.

(Inside Timeshare article – Six out of eight Legacy Resorts owners have no exit, even for those over the age of 80. A seventh contacted me just before publication, over 80 and disabled, unable to travel.)  https://insidetimeshare.com/fridays-letter-from-america-62/

For Mr. Flaskey to end his opinion piece with the claim, “When people invest in vacations, they invest in happiness and a lifetime of memories,” is to be disingenuous. If timeshare ownership is as picture-perfect as he portrays it, people wouldn’t be getting scammed; people are getting scammed because of their desperation over the inability to find a means to sell or exit their timeshare. – Bill Bowen

I work over 40 volunteer hours per week providing straight answers to about 35 callers per week. I have never been compensated and I have nothing whatsoever to do with a lawsuit Diamond Resorts filed against a Florida law firm. Diamond attempted to subpoena the documents listed below.

This is evidence of extreme retaliation because I listened and responded to over 700 Diamond Resort members as they reported unfair and deceptive sales practices. In 2016 and 2017, the Arizona Attorney General’s investigators listened to over 900 complaints from Diamond members, according to what an investigator told one of our member-sponsored Diamond Facebook members.  

At last year’s Whistleblower Summit and Film Festival held in Washington D.C., I learned that I am a whistleblower. Most whistleblowers are employees, offered some protection thanks to whistleblower laws. At this year’s Summit, I learned laws protecting whistleblowers often fall short. As an individual, I have no protections, save my readers and supporting members of the legal community.

On Tuesday Charles published my highlights from the 8th Annual Whistleblower Summit & Film Festival held the last week of July. My panel discussed ethics and resiliency after retaliation. https://insidetimeshare.com/the-tuesday-slot-42/

There is no question in my mind Diamond’s intentions are to file a SLAPP lawsuit against me. I am guilty of four of the six points below. According to ACLU Ohio:

A large, well-funded organization may be SLAPPed, but more often, individuals with fewer resources are the victims of SLAPP suits.

Examples of Actions Which Have Resulted in SLAPPs: 2

  • Writing letters to the editor
  • Circulating flyers or petitions
  • Participating in a demonstration
  • Filing complaints with a government agency
  • Commenting at public hearings
  • Filing legal claims or lawsuits
https://www.acluohio.org/slapped/what-is-a-slapp-suit

This example of retaliation goes beyond the call of Pro Bono legal representation so I will be launching a GoFundMe as soon as I receive the narrower in scope subpoena. I have already received a multitude of pledges of support.

Subpoena directed to: Irene Parker who is not a party, to produce the items listed at the time and place specified in the attached Subpoena.

DATED this 10th day of July 2019.

Filing # 92298657 E-Filed 07/10/2019 09:16:51 AM

YOU ARE NOTIFIED that after ten (10) days from the date of service of this notice, if service is by facsimile or hand delivery, or fifteen (15) days from the date of service, if service is by mail, and if no objection is received from any party, the undersigned will issue or apply to the Clerk of this Court for issuance of the attached Subpoena directed to: Irene Parker who is not a party, to produce the items listed at the time and place specified in the attached Subpoena.

Brandon T. Crossland, Esq. Fla. Bar No. 0021542 Primary email: [email protected] Secondary email: [email protected] [email protected] Christa C. Turner, Esq. Fla Bar No. 0076627 Primary email: [email protected] Secondary email: [email protected] BAKER & HOSTETLER LLP SunTrust Center, Suite 2300 200 South Orange Avenue Post Office Box 112 (32802) Orlando, Florida 32801 Telephone: 407.649.4000 Telecopier: 407.841.016 8 Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on July 10, 2019, I electronically filed the foregoing document with the Clerk of the Court by using the Florida Courts E-Filing Portal, which will send a Notice of Electronic

DEFINITIONS AND INSTRUCTIONS

1. The term “document” or “documents” refers to any printed, written, taped, recorded, graphic, electronic, computer materials, or other tangible or intangible matter, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither, which contains information or from which information can be obtained and which is in Your possession, custody or control, including, but not limited to, the original, a copy (if the original is not available), and all non-identical copies (whether different from the original because of notes made on or attached to such copy or otherwise) of any and all writings, correspondence, letters, telegrams, cables, telexes, facsimiles, emails, text messages, contracts, proposals, agreements, minutes, acknowledgments, notes, memoranda, analyses, projections, work papers, books, forecasts or appraisals, papers, records, reports, diaries, statements, questionnaires, schedules, computer programs or data, books of account, calendars, graphs, charts, transcripts, tapes, or recordings, photographs, pictures or film, ledgers, registers, work sheets, summaries, digests, financial statements, pictures, videos, audio recordings, and all other information where data, records or compilations can be obtained, including all underlying, supporting or preparatory material now in Your possession, custody or control. The term “document” or “documents” specifically includes documents kept by individuals in their desks, at home or elsewhere.

2. The term “computer materials” shall mean any and all files from any personal computer, notebook or laptop computer, file server, minicomputer, main-frame computer, or other storage device, including, but not limited to, hard drive disk drives or backup or retrieved electronic information, including, but not limited to email. All relevant files that are still on the storage media, but are identified as “erased but recoverable,” are to be included.

3. The term “copy” when used in reference to a document means any color, or black or white facsimile reproduction of a document, regardless of whether the facsimile reproduction is made by means of carbon papers, pressure-sensitive paper, xerography or other means or process.

4. The term “communication” or “communicate” means any writing, or oral conversation, including, but not limited to, telephone conversations and meetings, letters, emails, text messages, emails, telegraphic and telex communications, and includes all information

relating to all oral communications and “documents” ( as hereinabove defined), whether or not any such document, or the information contained therein, was transmitted by its author to any

other person.

5. The term “person” means any natural person, any employer, any business entity (whether a corporation, partnership, or other business association), any government or political

subdivision thereof, or governmental body, commission board, agency, bureau or department.

6. “Lawsuit” means the lawsuit filed by DRC against Finn Law Group, P.C., Finn Law Group, P.A., and Michael Finn in the Circuit Court in and for Orange County, Florida and

bearing Case No. 2017-CA-006199-O.

7. “You”, “Your”, and “Parker” means Irene Parker and your agents, representatives, directors, officers, members, employees, attorneys, accountants, predecessors, successors, assignors or assignees, and anyone else acting on its behalf or subject to your control.

8. “DRC” means Diamond Resorts Corporation and its agents, representatives, directors, officers, members, employees, attorneys, accountants, predecessors, successors, assignors or assignees, and anyone else acting on its behalf or subject to its control.

49. “Finn” means Finn Law Group, P.C., Finn Law Group, P.A., and Michael Finn and their agents, representatives, directors, officers, members, employees, attorneys, accountants, predecessors, successors, assignors or assignees, and anyone else acting on their behalf or subject to his control.

10. “Diamond Customers” means any individual(s) and/or entity that purchased, owns and/or holds a Vacation Ownership Timeshare Interest with Diamond Resorts Corporation, or

one of its separately named and operated affiliates, parents, or subsidiaries.

11. To the extent that You consider any of the following requests objectionable, respond to so much of each Request and part thereof, as is not objectionable in Your view and separately state that part of each Request as to which you raise objection and each ground for

such objection.

12. If You object to the identification of any document on the basis of attorney/client or work product privilege, identify the privilege claimed as well as each document for which such privilege is claimed, together with the following information with respect to each such document: a. Date; b. Sender; c. Addressee; d. Subject;

e. The basis on which the privilege is claimed; and f. The names of persons to who copies of any part of the document were furnished, together with an identification of their employer and their job titles.

13. You shall produce the documents requested herein as they are kept in the usual course of business or You shall organize and label them to correspond with the categories in the request.

SCHEDULE “A”

1. Produce any and all contracts, agreements or any other arrangements between you and Finn.

2. Produce any and all contracts, agreements or any other arrangements between you and Finn regarding Diamond Customers.

3. Produce any and all engagement agreements between you and Finn wherein Finn agrees to provide you with legal services.

4. Produce any and all invoices, bills, or other requests for payment from Finn to you since January 1, 2015.

5. Produce any and all documents, checks, or bank statements evidencing any payment from you to Finn since January 1, 2015.

6. Produce any and all documents, checks, or bank statements evidencing any payment from Finn to you, whether direct or indirect, since January 1, 2015.

7. Produce any and all communications and emails between you and Finn regarding Diamond Customers from January 1, 2015, through December 31, 2018.

8. Produce any and all communications and emails between you and Finn regarding Finn’s solicitation of, a referral to Finn by you, or Finn’s potential representation of Diamond Customers from January 1, 2015, through December 31, 2018.

9. Produce any and all communications and emails between you and any Diamond Customers from January 1, 2015, through December 31, 2018.

10. Produce a list of Diamond Customers that were referred by you to Finn from January 1, 2015 through December 31, 2018.

11. Excluding communications where you were requesting that Finn provide you with legal advice regarding articles, blogs, or social media posts that you have written, produce any and all communications and emails between you and Finn that relate to DRC, timeshare, or timeshare owners from March 1, 2015, to December 31, 2018.

12. Produce any and all communications and emails between you and Finn regarding the Lawsuit.

13. Produce all blogs, articles, editorials, commentaries, exposes, FaceBook posts, or other social media content written, in full or in part, by you from January 1, 2015, through the date of the Subpoena.

14. Produce any and all communications and emails between you and Inside Timeshare regarding Diamond Customers from March 1, 2015, through December 31, 2018.

15. Produce any and all communications between you and Greg Christ regarding DRC, timeshare, or timeshare owners from March 1, 2015, through December 31, 2018.

4826-7592-6394.1

Page 7

Our Diamond Member-Sponsored Facebook has over 3,400 members.

We seek to provide Diamond Resort members with 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/groups/DiamondResortsOwnersAdvocacy/

What the Diamond Resort Owners Advocacy Facebook is not: 

If members join our Facebook only to express displeasure, they are better served by posting on Trip Advisor. While venting may make a person feel better, ranting on a complaint site will do nothing to change what we feel are unfair and deceptive business practices, as defined by the FTC and the FBI.

Timeshare Accountability Group™

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

Timeshare Advocacy Group™ was launched by a small group of advocates concerned about the volume of timeshare complaints found on the internet directed against Wyndham, Bluegreen, Diamond Resorts, Westgate, Vacation Village and a few others. Disney Vacation Club has almost no complaints. Hilton and Marriott have few complaints.  

We hope the lessons learned by consumers who purchased a timeshare product they did not understand will reach the general public so prospective timeshare buyers know what questions to ask before buying or upgrading a timeshare.

We hope the lessons learned by consumers who purchased a timeshare product they did not understand will reach the general public so prospective timeshare buyers know what questions to ask before buying or upgrading a timeshare.

http://insidetimeshare.com/fridays-letter-america-16/

TAG has also received Sell My Timeshare Now complaints. It has been widely reported Diamond points have no resale value, yet SMTN charges already financially distressed members $1499 to $1699 for ads to list points.  

http://insidetimeshare.com/tuesday-slot-irene-5/

We don’t mind if industry insiders or Diamond employees join our Facebook as long as they are respectful. In fact, we encourage this hoping they will confront the serious problems we have uncovered.

Other Member-Sponsored Facebook pages and resources

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

https://tug2.com/Home.aspx

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

Free at Last Facebook Straight-A Guide

https://www.facebook.com/groups/623703881470577/?ref=share

Free at Last Timeshare Support Course offered by Straight-A-Guide

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

New:

https://www.facebook.com/groups/376743609795740/

Sapphire Starpoint New: https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2Fgroups%2F292083584642570%2F%3Fref%3Dshare

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook Group

https://www.facebook.com/groups/2213231165610648/

Thank you Irene, I am sure that once you launch the GoFundMe campaign many of our readers will be donating. What Inside Timeshare will say is this, Irene has worked tirelessly giving up her free time for this cause, please show your support and make a pledge now. Use our contact page and show your support.

Friday’s Letter from America

Welcome to this week’s edition of Letter from America, but first some breaking news from Tenerife. As we already know several companies owned and operated by Mark Rowe, are under investigation in the UK by the Regional Organised Crime Unit, Somerset & Avon Police following raids in the UK and Tenerife. We also know that his company ABC Lawyers Ltd is also in liquidation, now Inside Timeshare has heard that the authorities in Tenerife have now raided his offices in Fanabe. One of the companies based there is Timeshare.Lawyer under the umbrella of Advanced Business Consultants Legal SL. It certainly looks like time is running out for Mark Rowe.

Now for today’s Letter from America, this is not the article we had scheduled as we have delayed publishing the subpoena Diamond Resorts attempted to issue Irene until Tuesday. As you will read in today’s article, Howard Nusbaum, the former president of ARDA, is also a former senior partner at Baker Hostetler, Diamond’s outside counsel in their case against a Florida law firm. This gave us pause. Irene will be doing a little more digging as this adds support to our belief this subpoena is a less than subtle form of harassment. Today’s article offers proof that there is no responsible exit for many fully paid timeshare owners.  Baker Hostetler explains why.

When ARDA’s Coalition for Responsible Timeshare Exit Fails:

What Happens Next?

Six out of Eight Legacy Resorts have no Responsible Exit, according to eight “Free at Last” participants, reporting what happened when they sought a responsible exit

August 9, 2019

This is the first of four articles summarizing 21 timeshare members piloting the Free at Last Online Timeshare Support Course, sponsored by the nonprofit Straight-A Guide. The next three articles will report on Travel Clubs, timeshares purchased in foreign countries, and point-based timeshares.

I direct callers seeking timeshare release to reach out first to ARDA’s Coalition for Responsible Exit, or to the timeshare company if the timeshare company does not participate in ARDA’s responsible exit coalition.

Straight-A Guide helps 100,000 prisoners a year transition back to society through self-advocacy. Their customers are prisons. Our Free at Last participants learn how to self-advocate.

Legacy Resorts are single-site, older resorts. Of our eight Legacy owner participants, so far only two were able to work with their resort to take back their unwanted timeshare. One owner was able to deed back to Colorado River Adventures and one owner was able to deed back to Festiva.

There is no responsible exit for Legacy Resorts owners at Eagle Crest, Broadway Plantation, Lehigh Resort Club, and Wyndham Carriage Ridge in Canada, The Seasons in Vermont, or Bellavista. Six out of the eight Legacy resorts have no responsible exit! The only choice for these owners is foreclosure if the resorts will not provide a responsible exit. Three of the owners are over 80 years old and have been paying maintenance fees for decades, two only using the timeshare once or twice over the decades. 

Mr. Kenneth McKelvey, founder of Defender Resorts and Chairman of the timeshare PAC ARDA ROC, testified at a legislative workshop held in Tallahassee Florida March 12, 2019, that attorneys and timeshare exit providers are not needed. He made these comments at the Florida legislative workshop:

“Most of the developers I know, and certainly most of the timeshare managers I know, and I managed timeshare properties for thirty years… every single resort had a dissolution policy, every single one! There was a way to get out. You had to come to your management company, and based on what the board of directors instructed us to do in the terms if they had to pay a fee or if they had to be current, whatever those situations were, we did not have one that did not have a dissolution policy and a hardship policy …”

We hear from many seniors forced to endure the demeaning foreclosure process, despite maintaining a high credit score their whole life. Lately, there have been complaints from millennial buyers, as the industry is targeting that demographic. Some seniors tell me they don’t care anymore about a drop in their credit score as they are set, but those in their 30s see their credit score ruined along with their chances to buy a home. The foreclosure process can be overwhelming without support.  

The industry calls the vehicle used when a timeshare contract is transferred to fictitious individuals or a fictitious LLC a “Viking Ship,” so-named because Vikings used to stack their dead on a ship, set it on fire, and send it out to sea.

ARDA and the law firm Baker Hostetler published these comments about Legacy Resorts:  

COVER STORY • Many legacy timeshare resorts are struggling to survive: why?

Vacation Ownership WORLD contacted some of vacation ownership’s leading figures, as well as experts on the subject, and asked them about a much-discussed matter within the industry: why are so many legacy timeshare resorts having such a tough time and what can be done about it? Many of these resorts are failing due to an assortment of problems that include: a lack of professional management; a lack of adequate reserves; a resistance by the HOA board of directors to impose an adequate assessment for operating expenses; an underperforming or non-existent external exchange relationship; an aging owner base that no longer uses the resort or that wants to exit ownership but is generally unable to; and, diminishing resort maintenance standards. ARDA President and CEO Howard Nusbaum and senior partner in the Orlando office of Baker & Hostetler and ARDA treasurer and Board member Rob Webb offer their viewpoints on this issue. This is the first of a two-part story; the second article on the subject will appear in the next issue.

https://www.bakerlaw.com/files/uploads/Documents/News/Articles/BUSINESS/2014/January2014VacationOwnershipWorldWebbArticle.pdf

A quote from an ARDA lobbyist:

“Their value comes from using it,” the timeshare industry’s top lobbyist told ConsumerAffairs in January, admitting that points have no resale value, while claiming that consumers don’t mind this because the value comes from the experience.

Based on complaints from over 900 families, this lobbyist is out of touch with reality. Just two exit companies I spoke with received 3,000 to 3,500 calls per month from desperate timeshare members seeking release.

Legacy Owner reports by Free at Last participants 

#1 Unresolved – Robert Kennedy is 81 years old. He seeks release from Eagle Crest in Oregon. In 2017 I published an article in which I interviewed an Eagle Crest collection agent. The interview was in regard to problems Eagle Crest owners experienced when they contacted a fraudulent timeshare transfer company. It’s no wonder Eagle Crest owners are going through this.

At age 81, I have a credit score of 819 but now must face a foreclosure.  At our age, we no longer are able to travel as we once could. We will not continue to pay maintenance fees for something we no longer want or need.

Robert sent his request for release to the following individuals:

To: Jerry E Andres, CEO Eagle Crest

https://www.bbb.org/us/or/redmond/profile/resort/eagle-crest-resort-1296-50002619

Jason Gamel, ARDA President

[email protected]

Ken McKelvey, CPA, ARDA ROC President

[email protected]

https://www.defenderresorts.com/contact-us/

Greg Crist, Association of Vacation Owners

[email protected]

Mr. Andres

After Eagle Crest said they would not help me, I contacted Irene Parker at Inside Timeshare. Ms. Parker told me to contact ARDA’s Responsible Exit program.  I went to ARDA’s Responsible Exit Website, but Eagle Crest does not participate. We purchased a floating week 33 years ago and have faithfully paid maintenance fees for 33 years.  https://responsibleexit.com/

I would like to ask Mr. Andres why Eagle Crest does not have a responsible exit program. I have grandchildren, great-grandchildren, and great-great-grandchildren. As a result of my experience, they have learned not to get involved with timeshare. 

I contacted members of the Licensed Timeshare Resale Broker Association. They said they were not interested in helping us.  Others need to be warned about the dangers of becoming involved with timeshare.

Robert Kennedy

#2 Unresolved Simon D, Canada

Carriage Ridge Wyndham 

To Irene Parker at Inside Timeshare

August 5, 2019

I reached out to Ovations as you suggested. Wyndham Ovations will not accept our Carriage Ridge Resort in Canada. We purchased this floating week timeshare May 2004 for approximately $13,750. We have no loan.

We were told at purchase there would be no problem reselling the timeshare. Ovations will not take it back so isn’t it false advertising to say that they have a program for fully paid members when they don’t? I tried selling the timeshare. No one wants it. Availability has been an issue.

Why are consumers put in the position of being held hostage with no choice but to foreclose? Who, understanding that buying a timeshare is something you can’t get out of unless foreclosed, would buy one?  Especially when the buyer is told, like we were, it would be easy to sell.

I will no longer pay maintenance fees. I will be contacting the Canadian Vacation Ownership Association as you suggested. They should know that many Canadians are being harmed and Wyndham should not falsely advertise that the problem of no secondary market for timeshares has been solved. It’s not true. Thank you for the websites you provided. At least I know others are experiencing the same.  

http://www.canadianvoa.org/

https://www.shellhospitality.com/hotels/carriage-ridge-resort-and-carriage-hills-resort

https://www.myclubwyndham.com/mycw/happening/news/ovation-by-wyndham.page?

This comment was posted on RedWeek:

I was duped into a gifted timeshare from my father. The story is sad…he is retired and was desperate to get out as he lost most of his retirement money in 2007. So he misleads my husband and I. I contacted Ovation to take the deed back from Carriage Hills resort in Canada and they said NO. Referred to Fidelity who advised THEY HAVE NOT SOLD a Carriage Hills unit IN YEARS! 31 units are listed on Carriage Hills website for $1. Many owners are offering $400 gift certificates. Wyndham is the ring-leader. They should offer Ovation. https://www.redweek.com/forums/messages?thread_id=20770&page=last

#3 unresolved – a Medical Doctor

We purchased a Broadway Plantation timeshare in Myrtle Beach, a floating week, a long time ago for about $17,000. I have never used it. I have paid maintenance fees for many years. We were told the timeshare would be easy to sell.

I reached out to ARDA as they say timeshare now has a Responsible Exit program. When I contacted Broadway Plantation they said they do not take back timeshares. If there is a responsible exit, why doesn’t Broadway Plantation have one?

I feel defrauded, cheated and abused by the timeshare industry. Having an every other year timeshare for a single week has been a waste of money.  When I tried to use it, there was no availability. I have no intention of ever paying you any more money. I am 70 years old.   

#4 Unresolved S E

July 20, 2019

I am helping my father. He is age 83. Bellavista was purchased six or seven years ago. We are current with maintenance fees, no loan. He was delinquent with maintenance fees, he settled for about half what he owed..

#5 Inez

At age 87, I have been paying maintenance fees since 1991. I only used the timeshare a couple of times. We purchased Lehigh Resorts in 1991 in Florida. We have no loan. I’ve only used it twice since 1991. When I first bought it the maintenance fees were $300. Now they are $670. They said they would not take it back.

#6 Melissa

I purchased a timeshare a long time ago at The Seasons in Vermont. They will not take back the timeshare. I have filed a complaint with the Vermont Attorney General.

Melissa was provided with the following in writing at the time of purchase, statements in printed literature and in an email Melissa received from a Sugarbush manager dismissing her complaint:

  1. Our current owners are renting for premium dollars and receiving a very high rate of return on their investment, because of supply and demand. 
  2. If you rent your unit for less than 15 days/year, the rental income will not be includible in income–thus the income is tax-free and you would still be able to deduct your interest payments.
  3. The timeshare won’t be difficult to resell due to the lack of accommodations in the Sugarbush area (supply and demand). 
  4. Don’t listen to family & friends because it is an investment and a guarantee that we would take a vacation every year.

In addition to our 21 Free at Last participants, Inside Timeshare has received many complaints from Americano ARC owners. They are required to spend $5,000 to $6,000 for an RCI points-based Travel Club called Freedom 365 in order to be released from their timeshare they bought decades ago. We will address their concerns on Friday when we look into Travel Clubs.

I have grouped our 21 callers into the following groups:

  1. (7)Legacy resorts (pre-dating points),
  2. (5)Travel Clubs,
  3. (2)Timeshares bought in foreign countries,
  4. (7)Points-based timeshare 

Please Sign this Petition to Reform Timeshare:

https://www.change.org/p/state-legislators-in-arizona-florida-and-nevada-demand-reform-of-the-timeshare-industry-s-unfair-and-deceptive-practices

We seek to provide timeshare members with 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://tug2.com/Home.aspx

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

Free at Last Facebook Straight-A Guide

https://www.facebook.com/groups/623703881470577/?ref=share

Free at Last Timeshare Support Course offered by Straight-A-Guide

https://www.udprep.info/june

Bluegreen Facebook

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

Wyndham Facebook

New: https://www.facebook.com/groups/376743609795740/ 

Sapphire Starpoint New: https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2Fgroups%2F292083584642570%2F%3Fref%3Dshare

Diamond Resort Facebook

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

Gold Key Facebook

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

Inside Timeshare Facebook

https://www.facebook.com/groups/2213231165610648/?ref=bookmarks

Well, that is all for this week, as you will have noticed Inside Timeshare has been a little sparse this week, August tends to be rather quiet as it is the main holiday month, very little news coming from the courts and elsewhere. But keep on checking, we never know when another story will break and as it does we will bring you the news right here.

Have a Great Weekend and join us again next week.