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Hyatt

Friday’s Letter from America

Welcome to this week’s Letter from America, today Patty Boyak who has been attending court on behalf of Inside Timeshare reports on the verdict in the trial between Candace Czarny and Hyatt for unfair dismissal. Unfortunately, it is not the result that we had all hoped for. We then go on to report on seven more complaints against a Diamond Resorts sales agent in Las Vegas and five against another Diamond sales agent in California. These complaints are becoming all too frequent with Inside Timeshare receiving them almost on a daily basis, yet the timeshare companies do nothing and continue to allow their sales agents to behave in this despicable manner.

Now on with Patty’s report.

Former Hyatt Timeshare Sales Executive Candace Czarny v Hyatt Residential Marketing Corporation and Kent and Allison R. Drysdale

CASE NO.  CV2013-006230

Jury Trial Verdict

Seven complaints against our Diamond Resorts Las Vegas sales agent and five complaints against our California agent 

By Patty Boyak

July 19, 2019

In the trial of Candace Czarny v Hyatt and Kent and Allison Drysdale, the jury ruled in favour of Hyatt. While the verdict was a profound disappointment for Candace, when God closes one door he often opens another.

In 1991 Anita Hill got dragged through the muck of Senate hearings after accusing U.S. Supreme Court nominee Clarence Thomas of sexual harassment. She didn’t want to go public, but knew in her heart she needed to speak out about actions she felt were inappropriate for a Supreme Court justice nominee. A movie was made about her humiliating ordeal. At the end of the movie, the wrap-up listed the positive consequences because of her efforts. Nationwide revisions to antiquated sexual harassment policies and procedures ensued.

To be honest, having listened to a week of testimony, I felt Candace had at best a 50/50 chance. She had only worked in the timeshare industry for 17 months. However, Candace scored a major victory in court for timeshare members, assisted by other witnesses, and Hyatt’s attorneys provided landmark evidence or lack of:

THERE IS NO LETTER!  

The reason this is so important is that so many timeshare complaints begin with, “They said I should have gotten a letter.” This statement is reported by many Diamond members, including a disabled veteran who caught deception on a recording. Understandably, his dispute was quickly resolved. We experienced the same agent but were told another member’s complaints had no bearing on our complaint.

If you listen to the recording, most would conclude this agent should have been fired. Instead, he introduced himself to us a year later as a Platinum Counselor, and just a few weeks ago, our group received complaint #7 against this agent.

Defendant Kent Drysdale was Hyatt’s Director of Training, but some of the deceptive practices described in Candace’s lawsuit (like the letter), were the same practices members complained about during the Arizona Attorney General’s investigation of Diamond Resorts in 2016. Mr Drysdale was the Director of Training for Diamond prior to being recruited by Hyatt. Arizona Attorney General Mark Brnovich issued an Assurance of Discontinuance against Diamond Resorts after the AG’s office received hundreds of complaints from Diamond members.

A “deceptive price freeze” demands the member buy points the same day or loose special pricing. In the case of the veteran who recorded our Diamond sales agent, not only had the veteran repeatedly asked for his driver’s license and credit card back over two hours of a five hour ordeal, he was told that because he “didn’t get the letter” he was not grandfathered in for a special price after Apollo Global Management had acquired Diamond. Alaa stated this meant they would have to pay enormous maintenance fees over the next ten years unless they purchased additional points. As this dispute quickly resolved, we will not identify the buyers or link the article published about their dispute.  

Thank you, Candace!  

Those of us whose families have been harmed by timeshare sales agents, now have proof of deceptive and unfair practices because Hyatt’s attorney could not produce the letter. One of the members of the jury had asked where it was. There were 200 exhibits. Two letters hastily produced at trial, but neither had anything to do with a prior letter the member was supposed to have received.    

I would like to share our Diamond Resorts experience so consumers may understand how the decked is stacked against the consumer. Of the 913 complaints our advocacy group has received, 115 are veterans and active duty service members. My husband is a Navy veteran.

Our Timeshare Accountability Group™  members share experiences in an effort to expose timeshare sales agents that have had multiple complaints filed against them. Including the veteran and our family, a total of seven complaints have been received, directed against Las Vegas sales agent Alaa C, and five complaints against California agent Trevor W. We purchased from both agents!

I have asked Inside Timeshare to publish our complaint submitted to the California and Nevada Real Estate Divisions hoping to reach lawmakers who, in recent Arizona legislation, bent to the will of ARDA lobbyists. ARDA’s position is that a state should not take responsibility for those who did not bother to understand the product and Arizona Senator Michelle Ugenti-Rita was quoted, “These people are adults. There was a meeting of the minds and they signed a contract. They should take responsibility.”

I’d like for ARDA lobbyists and lawmakers to read five complaints against the California agent in today’s article, and the seven complaints against Nevada agent Alaa C (to be published next Tuesday) to understand the kinds of minds that meet.            

Five complaints against California Diamond sales agent Trevor W and Principal Broker Peter M

Trevor W complaint #1 A Senior in her mid-70s

Trevor W complaint #2 Brandon and Patty Boyak

Trevor W complaint #3 A Navy veteran

Trevor W complaint #4 Reported complaint but did not buy

Trevor W complaint #5 A senior age 75, resolved 

Trevor complaint #1 Platinum Member #80 of 101, age 75

April 10, 2019

My mother lost her entire retirement annuity of $350,000, plus maintenance fees are $20,000 so almost $400,000. She was switched back and forth five times over six transactions.  (Highlighted in red are agents Inside Timeshare received multiple complaints against):   

Everything was okay until May 2015 when Rick C transferred her points to the US from Hawaii, which cost $42,000. September 2015 she was switched back to HI by Paul M for $33,000. April 2016 HI points were switched back to the US at Mystic Dunes in Orlando, by Angelica S. In March 2017 she was switched back to HI by Ras for $38,000. November 2017 Palm Canyon Resort $80,000 bought points from Trevor W. October 2018 Billie B and Fred K transferred points back to the US telling her she would be able to pay maintenance fees costing $45,000. In Hawaii, one of the brokers said he has a broker who could help her rent points (which is not allowed for-profit) to get her money back and in the future, her points could be sold back to Diamond. 

She did not buy a second time March 2019 from Paul M. Paul said she should switch back to HI because there was going to be a huge Special Assessment in the US if she didn’t switch back to Hawaii for $63,000. She ended up with 100,000 US Collection points and $17,000 in annual maintenance fees

Trevor complaint #2 Platinum Member #28 of 191

July 6, 2019

Brandon and Patty Boyak

Our complaint is against CA Diamond Resorts sales Agent Trevor W.  

We purchased 17,500 points October 21, 2017, from Trevor at Palm Canyon Resort in Palm Springs, CA for $72,850.

Consumers need to know there is nothing to prevent timeshare fraud without a recording because proof is required. I spoke to attorneys to ask what constituents proof. I was told a pattern of complaints serves as a form of proof.  This is why we are gathering complaints.    

Peter M, Principal Broker California  

Trevor W said if we became Platinum “members” as opposed to “owners” we would be eligible for a program to sell points back to DRI at $0.30 per point. He explained this as a buyback program available only to Platinum members. We had never heard the term “member” before.  Trevor explained that by becoming a member we would lock in our maintenance fees, preventing them from increasing at alarming rates over the coming years. There is no such thing as member or owner points.

We never attempted to sell points back at $.30 because we missed the window period. Trevor explained that we had to turn in points by November 30 and we had to have 20% of our loan paid to be eligible for the maintenance fee buyback program. In no way would we have 20% of the loan paid in such a short time. This avoided the rescission period.  We were already aware of a travel discount program called 30/30. We did not know at the time only Platinum members can pay maintenance fees at $.04 per point, a worthless benefit because 50,000 points turned in at $.04 a point would cover only $2,000 towards an $8,631 maintenance fee bill (in 2018).

Trevor explained that as soon as a buyer makes an initial purchase of Diamond points, they become an owner.  Any new purchaser is considered an owner, but once we became Platinum we would become a Diamond member. He reminded us that we were considered “owners” because of our past Monarch affiliation.

We had five contracts prior to this meeting. This would finally give us true Platinum Member status with DRI.  The contracts were not wrapped.

Trevor Complaint #3 #78 of 101

A Navy veteran (retired), age 69

April 5, 2019

To: Michael Flaskey, CEO

Maria Kalber

ARDA

ARDA ROC

Barclay’s Bank

January 28, 2018

Points purchased: 1,500

We attended a presentation at a hotel on January 28, 2018.  Mr R. He said it would be better if we were to upgrade to Platinum because then we would be able to use our points to pay maintenance fees. I explained that we did not have the resources to upgrade. After several hours we agreed.

September 4, 2018, NV

Points purchased: 16,000

Sales Agent: Mr J Trevor W

Manager: Mr Matthew G

Purchase price: $48,000

September 4, 2018, we met with Trevor W. Mr W went over our account and stated that we were only a temporary platinum member and that we could not use our points towards maintenance fees.

I recall being told several times that if we were to upgrade to Platinum it would be an investment that we could pass to our children. He said if our children did not want the timeshare in the future they would be able to say that they did not want it or that they could sell points to pay maintenance fees.

Mr W asked us how we were able to purchase our existing points at such a low price because the price for points now was much higher.  He left to talk to his manager and came back stating that they would honour the low point price but if we waited the price would be substantially higher, somewhere in the range of 9 dollars and that they would increase soon in the future.  It was again mentioned that we would be able to use our points to pay maintenance fees by selling points. He said we would be able to sell our timeshare points outright in the future, but not at the present time.

Mr W said he would assist me in using Barclay Card points and Platinum exchanged points to pay maintenance fees. Mr W gave me his cell phone number and told me to call him towards the end of the year and he would assist me with the process.  Mr W never returned calls. After contacting customer service I found out that the point conversion was so small it would not make a dent in the liability. I did not find this out until I was billed for maintenance fees and attempted to pay the fees via points.   

 I have learned members are not required to attend presentations unless accepting a promotion. This also is deceptive to be told an update is required when it is not. Diamond points are worthless on resale. 

A senior, age 73, who did not buy from Trevor  

Trevor Complaint #4 Platinum member #85 out of 101

At Palm Canyon CA Trevor showed me a graph of maintenance fees showing maintenance fees increasing. Trevor had said that the way my contract with Al C had been written, my maintenance fees were at a higher rate of increase. Al had told me my maintenance fees would be at the lower rate of increase, but Trevor explained that because of how C wrote the contract I was at the higher level because C wrote the contract as an owner contract and not a member contract. He explained that there is a difference between members and owners in terms of how much you pay in maintenance fees. However, I bought non-deeded Diamond points from Al, so what he sold me was a membership. He said C made more money selling owner points.

Trevor waived the maintenance fee graph in front of me and said, “I know you are telling me the truth because there would be a signature acknowledging receipt in your file”. I asked Trevor for a copy of the contract history he was reviewing, but he said he could not give this to me. Trevor said the only way to fix the problem C caused was to buy more points for $125,000. Had I believed Trevor’s nonsense about buying ownership and not membership points, I would have been driven deeper into debt. I would be another Platinum member-driven into foreclosure.

Trevor also presented the misrepresentation about heirs saying that my heirs would be responsible if I did not buy an additional 75,000 points for $125,000.

Trevor, and a second agent, Brad G, said I could get out of the owner status and go to “member status” if I made the purchase.  Trevor assured me if I bought the points, I would then have the lowest maintenance fees. He told me I would need to do this to take care of the mess C had created.

Trevor and Brad acknowledged that “middle easterners at Cancun” in Las Vegas often made these mistakes. They thought Al was one who had put another person in a bad situation, but they would call Mike B to see if they could help me. Trevor agreed that Al had sold me a bait and switch.  Trevor and Brad also stated that Al had sold me 7000 more points than I needed to reach platinum status.

In the end, I did not feel that I could trust Trevor. I asked Trevor for a copy of his proposal that he had written down so I could talk to my financial advisor. He would not give it to me. I said I had to talk to my family because they had been waiting for hours. My friend and daughter-in-law returned with me and said that I was not going to sign anything. Trevor got nasty and said, “I resent you coming in here at the last minute giving advice.”

I also was told that unless I bought the new points from Trevor I could not sell my points.  If I did buy the points from them, Diamond would give me a list of members to whom I may sell. Diamond points are worthless on resale.

Besides ruining my afternoon with my family for my grandson’s birthday, I was a mental wreck.  When I returned, I told the two men that I didn’t have enough funds to make the purchase. I asked for more time so I could talk to my financial advisor who was not available by phone.  Trevor denied that request. He said I had to sign right then. He said if I signed I had 7 days in CA to cancel the contract. 

Trevor Complaint #5

A senior, age 70, Diamond Platinum member #90 of 101

June 5, 2019

To Michael Flaskey, CEO

Hospitality

Barclay’s President’s office

ARDA ROC

California Real Estate Division

Peter M

Trevor W

On 4/22/19 in Palm Desert, I went to an “Owner Update” with Platinum specialist Trevor W.  I had previously been assured that since I already owned 90,500 points, I was well in excess of the 50,000 points needed to be Platinum. I am 70 years old and have no children. The timespan and need for points are limited. Trevor launched into an explanation of why I had to buy additional “membership” points because the prior Hawaii sales agent had fraudulently, or at least mistakenly, sold me “owner” points due to inadequate training.  

I explained to Platinum specialist Trevor W that my only goal was to find a way to SELL my points, and also to make absolutely sure that Diamond could NOT attach my estate because my heirs did not want the points. 

Trevor explained that my points were essentially worthless, that there was no market for them because of the type of ownership category I held. He explained that the points that I owned, on the secondary market, would have none of the myriads of benefits like travel reimbursement for air and hotel, or access to other features. The buyer could only access specific Diamond-owned properties. 

The Hawaii sales agent said that Hawaii points were the premium to own and in huge demand by buyers. They explained that Hawaii points have a limited supply, so I could use them and then easily sell them. In fact, they said Diamond itself would likely buy them back because they were running out of property in the tight Maui market. 

Trevor pretended to be disappointed that I was sold a pack of lies, and implied that the Diamond rep knew the Hawaii points had no resale value. He said the rep should have disclosed this fact about worthless “ownership” points, worthless even when sold in Hawaii. I was really discouraged. Trevor posed as my friend, sorry to have to explain this to me.

Trevor offered a solution. Apollo owned Diamond, and Apollo was going public in the next couple of months. He said Apollo wanted Diamond to be clean as a whistle to have a stellar rating and reputation. Many owners had complained about not being able to resell, so Apollo had created a new class of ownership called “membership” which entitles a future buyer to all the Platinum benefits of my points. The maintenance fees for “owners” were going to skyrocket, compounding every year. He showed me a horrifying chart showing maintenance fees growing to a million dollars in aggregate over 20 years.  But the “membership” category would be capped. This would result in huge savings over time.

Trevor said the terms of the public offering SEC filing by Apollo mandated that points had to be sold at a base rate of slightly over $11/point. No more bargaining. Trevor said there were scores of Platinum buyers clamouring to buy points, as they would not want to pay the new rate, creating a hot market to sell points to those who had previously purchased “ownership” points like I had been mistakenly sold. Trevor said he would give me a list of buyers with their emails once Apollo went public. Of course, it would be up to me to make a private party agreement.  We had an elaborate discussion about what my average cost per point would be – about $4.50. 

Trevor said he had recently purchased points, knowing he could sell them back at a profit. Being leery, I said I wanted to see his purchase contract, which he said was at home, so on speakerphone, he called his wife to ask her to fax it.  She answered, such a sweet voice, and said she was at the market, but would send it as soon as she got home. So we took a break, as we’d been talking for hours. The break stretched to an hour. When we reconvened Trevor showed me his purchase contract. It must have taken an hour to make the mock purchase contract, backdate it, and have it faxed.

The hook was lowered.  I would be required to buy 25,000 points at $112,500 in order for Diamond to convert all my “ownership” points to “membership” points.  I was shocked at the dollar amount. It was like betting on the come, but it seemed the only way out. In about 2 months, Apollo would go public and Trevor would give me a list of eager existing Platinum owner-buyers. As I stalled, exhausted and discouraged, Sales Manager, Bradley reassured me.

I signed the purchase contract with misgivings, and explained to the contract/quality control guy (who said he was there to protect me from any misleading sales practices), that I was forced to buy points in order to be able to sell points in the near future and at least break even.  He didn’t blink an eye, which was reassuring. 

During this process, a loved one was rapidly sinking into dementia/Alzheimer.  

Members and current and former timeshare sales agents like Candace can help by joining forces with others seeking to reform timeshare. Sign this petition for reform to let your voice be heard, and join one of these self-help groups.

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

Free at Last Facebook

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/

Once again thank you Patty for taking the time to attend the trial and submitting your report, itjust unfortunate that it was not the result that Inside Timeshare and our readers had hoped for. We must also give Candace a very big thank you for having the courage to take on the big boys, we all hope that you will now move on and rebuild your life.

If you have any comments or views on this or any other article published, please do use our contact page and let us know.

That is it for this week, have a great weekend and join us again next week.

The Tuesday Slot

Welcome to this weeks Tuesday Slot, today Patty Boyak reports on the trial highlighted in Friday’s Letter from America on 5 July between Candace Czarny and Hyatt. The case centres around the wrongful termination of Candace after being forced to use “unfair and deceptive sales practices”.  Branded a whistleblower she found it difficult to find new employment, but she has worked hard to rebuild her life and Inside Timeshare is proud to share her story, after all, that is what these pages are about, to give you the reader a glimpse into the world of timeshare and all that is dirty about it.

Part II Continuation of Whistleblower Wrongful Termination Trial

Candace Czarny v Hyatt and Kent and Allison Drysdale

Part I: The Trial

CASE NO.  CV2013-006230

https://insidetimeshare.com/fridays-letter-from-america-57/

By Patty Boyak

July 16, 2019

I learned a lot this week attending the jury trial of Candace Czarny v Hyatt and Kent and Allison Drysdale that began last week in Maricopa County, Arizona, Superior Court. An Arizona resident myself, I took this opportunity to observe the trial proceedings to better understand the inner workings of timeshare today.    

Candace worked for Hyatt in Sedona, Arizona from November 2011 to June of 2012. She previously worked at Diamond Resorts but left Diamond concerned about what she considered to be questionable business practices. Hired by Hyatt to sell timeshare, Candace alleges in her lawsuit that she was forced to employ unfair and deceptive sales practices or face termination. Hyatt did terminate Candace.

Sedona is a small town, so Candace had difficulty finding work after her termination. She moved to Phoenix. Candace had lived in Sedona for 25 years.

Hyatt’s attorney, Mr Kraig J. Marton, challenged the reasons why Candace had remained unemployed since her termination, insinuating that Candace had not tried very hard to get a job, even after moving to Phoenix.

I reached out to Candace outside of the trial. I had not attended Candace’s testimony in which she explained the difficulty she experienced when she sought employment. Candace said that potential employers were turned off because of her whistleblower stigma. Candace generated income from her rental property and worked on re-stablishing a business she had been involved with previously. She has been generating income from that business since 2017. Prior to that time, she had been paying off debt to re-establish her business.

Candace said in Phoenix, she has been living in a 10 x 10 rented room with a view of a block wall, after living in a beautiful home in Sedona with views of the Red Rocks. Candace said she mitigated her damages by scaling back, but she has not sat around idle since her termination.  

Mr Marton continued to examine Candace’s work history. Candace responded that the reason she did not apply for other timeshare positions is because she did not want to find herself put in another position in which she would be instructed to employ unfair and deceptive sales practices. She felt the obligation of anyone holding a real estate license is to uphold the principles of integrity that holders of a real estate license should abide by. 

Working under the conditions Candace described took an emotional toll. A witness for the Plaintiff, Jackie Garrick, who is an expert in Workplace Traumatic Stress and post-traumatic stress disorders (PTSD), described psychological abuse as a “serious injury” justifying a diagnosis of PTSD. Ms Garrick explained that PTSD can be experienced by anyone, not just soldiers who witness harm against others and suffer a moral injury because it violates their sense of ethics. She compared whistleblower retaliation to domestic abuse in which one spouse manipulates, humiliates, isolates, and bullies another spouse. Defence attorney Mr Marton tried to minimize PTSD as if it only related to combat stress, ignoring all research on emotional abuse and identity disruption.      

Candace’s attorney, Joshua Carden, next called Larry Stokes as a witness for Candace. Mr Stokes is an economist. He testified as to Candace’s loss of income. He calculated her annual wages as follows: 

Loss wages from 8/2012 to 7/2019

$449,186 in back pay

$168,709 in loss front pay

$54,756 in interest on back pay

Grand Total:  $672,651  

Former Hyatt Sales Executive Mark Schmidt, also a witness for the Plaintiff, testified on July 9. Mark had worked as a timeshare sales agent for 15 years. Candace and Mark’s employment overlapped for a period of about two months, prior to Candace’s termination. On cross-examination, Mr Schmidt was asked about his relationship with Candace. He stated they were friendly coworkers. They were asked about emails they had exchanged as to the possibility of an age discrimination lawsuit against Hyatt

Mr Schmidt had also been terminated from Hyatt for being a “bad fit” and for poor performance. Mr Schmidt responded that he had worked three tenures at Hyatt and generated $130,000 in sales the last six working days of a March month. An “eligible for re-hire” letter was placed in his personnel file. Mark said the reason for his short work tenures was because he would leave the company if a bad sales manager was hired and wait it out until the sales manager was fired or left the company.  

Like Candace, Mr Schmidt testified that he had been terminated because he refused to give false statements to potential buyers. He stated that Kent Drysdale in 2012 instructed agents to sell “First Day Incentives” that were deceptive. Agents would threaten potential buyers, telling them that if they did not buy that day, in the future they would have to purchase a two-week timeshare vs only a one-week timeshare. It was not true that buyers could not buy a one-week timeshare in the future.

What Letter?

One fraudulent practice was that Mr Drysdale trained his sales agents to tell existing Hyatt clients that there was a letter sent to the existing member advising them of an advantageous price, but the letter, in fact, did not exist. According to Mr Schmidt, Mr Drysdale instructed the agents to tell the existing member that they would check their file to see if the letter was there. One of the jurors asked if they could see the letter. Hyatt’s attorney seemed to scramble to produce the letter. What was produced, Mr Schmidt said, was a completely unrelated document. It was an Upgrade Document Declaration. This document was discredited because it pertained to the surrendering of points after a member upgraded. Mr Schmidt added that if the letter existed, Hyatt would have produced it during discovery. 

Oh boy, have I heard this “Did you get the letter?” before. I am a member of a 3,300 timeshare member-sponsored Facebook. Many complaints begin, “They said we should have gotten a letter!” If the letter is fictitious, this is unfair and deceptive.    

Mr Schmidt stated that Mr Drysdale used to be the Director of Training for Diamond Resorts. He brought up the Assurance of Discontinuance (AOD) and the $800,000 fine issued by Arizona Attorney General Mark Brnovich after their office received hundreds of complaints from Diamond members. Mr Drysdale had been employed by Diamond Resorts during the period in which the Arizona Attorney General’s office received so many complaints.

In addition to the Arizona complaints, I was aware of former Diamond top sales agent Mary Bowling’s allegations, describing how a deceptive price freeze was employed by Diamond sales agents in Hawaii:

Mary Bowling sued Diamond Resorts, not because of deceptive sales, but because she was terminated when no one else was. She applied for FMLA 2-12-16 and was terminated 2-15-16. 

Case 1:17-cv-00562-DKW-RLP filed in Hawaii District Court

Page 10 of complaint

#43 Owners Update is deceptive because it is to sell points.

#44 Customer is told the current “list price” but the agent has to see someone else.

#48 the sales agent has the customer sign a form indicating they were updated and the agent has to have the manager sign off.

#49 the sales manager has reviewed all prior customer contracts and the manager falsely states the customer was given a “price freeze” but none exists.

#50 because of the “price freeze” only today can the customer buy for the discounted price.

#51 the price given is the real price planned from the outset.

#52 the “price freeze” never existed because (a) The special deal available to this customer only is available to anyone and (b) Urgent to buy only for today

#54 this is lucky news for the customer – brand new information!

#55 the sales agent waits for the customer to “step in”

At one point, Candace had provided an example of an observed deceptive sale: “Say the property is $35,000, but the Director of Sales would say that there had been a default, so we got this new inventory we can get you for $29,500. However, $29,500 had been the intended price all along.” Mark Schmidt explained that the difference between a primary residence negotiation and timeshare, is anyone selling a primary residence doesn’t start with their bottom line price requirement, then issue threats and false consequences if the interested party doesn’t buy at the bottom price that day – or will not be able to buy the house the next day at the low price.

Mr Schmidt further testified that price sheet packages were manufactured by Mr Drysdale: a two weeks package and the standard one week package. Mr Schmidt stated that Mr Drysdale would change the prices at will.

Mr Schmidt was asked to describe Mr Drysdale as Director of Sales.  He said Mr Drysdale was aggressive and physical. He witnessed Mr Drysdale giving a body check to Joey, another sales agent. Mark stated he addressed his concerns with Human Resources regarding Kent’s behaviour that included CIA like intimidation tactics and deceptive practices. He said Mr Drysdale was enthusiastic about the practices and procedures described in the CIA Manual on Human Manipulation.

Next a witness for Hyatt, Theodore “Ted” was called. Ted was the former Director of Sales during Candace and Mark’s tenure. He had hired Candace and supervised Kent Drysdale. Ted said Candace had little sales experience but was hired anyway due to tough hiring times during the years 2010 to 2011. He described Candace as someone who didn’t want to listen and stated that her personality wasn’t “fun” or personable.  He claimed he tried to help her but concluded she was not “coachable” as she did not like to take his advice. He stated she had low performance. 

July 10

Candace returned to the witness stand. In earlier testimony, it was described how Hyatt employee Shelley instructed Candace to create a “First Visit Incentive” document. This document was reviewed by the potential buyer, but never given to a buyer.  

Candace testified that another agent, Scot Steward, did not have a real estate license on file, but was allowed to give tours and transact sales. Mr Steward had been hired by Shelley or Mr Drysdale. Candace took handwritten notes of observed sales and the line rotation, meaning who was up next to meet a potential client. Her notes showed that Mr Steward made a sale, but that Mr Drysdale had limited the number of tours Candace was given, a practice used against an agent who did not play by the rules. There are 3 types of tours: 1) An owner 2) Owns a timeshare other than Hyatt 3) Not a timeshare owner. Candace stated that AM tours always went to the agents on the top of the list (Top Selling Agents).

On Friday I will continue with what happened next. All in all, it was a fascinating experience, and I have a much better understanding of how easy it was to dupe our family. My husband and I experienced deceptive timeshare sales practices. We have joined forces with other timeshare buyers alarmed at the rise in such practices. Deceptive practices seem to be employed industry-wide by some sales agents and managers. That’s my opinion, but the only opinion that counts are the opinions of the nine members of the jury. Join a self-advocacy group if you would like to join our timeshare consumer protection efforts. 

Please sign our 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

Candace Czarny has joined our list of just a few of the recent Attorneys General investigations and lawsuits. We’re not making this up.

The NY Attorney General investigation into the Manhattan Club resulted in a $6.5 million settlement. https://www.amny.com/real-estate/the-manhattan-club-settlement-includes-6-5-million-in-restitution-ag-says-1.14048559

Colorado Attorney General sued Highlands Resort, Sedona Pines and twelve other defendants for deceptive trade practices. https://businessden.com/2016/12/07/ag-sues-timeshare-firm-for-deceptive-tactics/

Missourians sometimes are targeted by real estate developers and resort communities to buy vacation timeshares. https://ago.mo.gov/civil-division/consumer/consumer-topics/vacation-timeshares

Arizona Attorney General received hundreds of complaints against Diamond Resorts, fined the company $800,000 and issued an Assurance of Discontinuance. https://azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Tennessee Attorney General announced a $3 million settlement with Festiva, a network of vacation and timeshare companies, for alleged violations of the federal Telemarketing Act, federal Telemarketing Sales Rule, and the Tennessee Consumer Protection Act. https://www.tn.gov/attorneygeneral/news/2016/2/24/pr16-04.html

Connecticut Attorney General George Jepsen says his office received 58 timeshare complaints in 2018, including concerns about pressure sales tactics, exorbitant fees, and difficulty reselling. https://www.nbcconnecticut.com/news/local/Timeshare-Troubles–What-To-Do-Before-You-Buy-and-Sell-504017151.html

A Florida Whistleblower lawsuit was filed on behalf of ten former Wyndham employees, including eight former sales agents. Plaintiffs allege that they objected to and refused to participate in illegal sales practices.  https://insidetimeshare.com/fridays-letter-from-america-42/

Former Wyndham sales agent Trish Williams, a jury awarded an initial $20 million. https://dolanlawfirm.com/2016/11/wyndham-timeshare-whistleblower-lawsuit/

Candace Czarny v Hyatt and Kent and Allison Drysdale – Former Hyatt timeshare Sales Executives alleged that they were instructed to make certain false statements and omit certain facts when communicating to Hyatt owners and potential clientele in order to make more sales. https://insidetimeshare.com/fridays-letter-from-america-57/

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

Free at Last Facebook

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, Patty, for taking the time to attend the trial and prepare this very interesting report, I am sure that all our readers are rooting for Candace, it is time that justice was done.

If you have any views or comments you would like to share please use our contact page and get in touch.

Friday’s Letter from America

Welcome to another Letter from America, this week we welcome another new contributor Diane Smith with an introduction by our very own Irene Parker. This article looks at Bluegreen and their suggestion that Diane donates her points to one of four selected charities. Have we not heard of a scheme like this before?

Bluegreen offers new Pilot Program to Donate Points to Charities 

Diane Smith Responds to “Who’s the Fish?”

Bass Pro Lawsuit v Bluegreen

https://insidetimeshare.com/the-tuesday-slot-38/

July 10, 2019

By Diane Smith

Introductory comments by Irene Parker

I was alarmed when Diane reported that Bluegreen suggested she donate her 5,000 points to one of four select charities. Charities don’t need the liability of a perpetual contract and ongoing maintenance fees. After learning one of the charities was founded by the co-founder of RCI, and other timeshare executives are members of the 18 member Board of Directors, I reached out to industry insiders, puzzled.  

Christel DeHaan, Founder and Chairman of the Board

Co-Founded and sold RCI for $825 million

https://www.forbes.com/profile/christel-dehaan/?fbclid=IwAR3Qn-QE_uDsHYPVo0b9yuh3qb4Y4opDRT7zAiC0wk97D_n0H19_bD7re7k#6d7903079fd0

https://christelhouse.org/our-people/

Olivier Chavy, President, RCI Exchanges

Gordon S. Gurnik Executive Vice President and Chief Operating Officer, Hilton Grand Vacations

Don Harrill, Vice Chairman of Board of Directors, Orange Lake

According to an industry source, who wishes to remain anonymous, the charities will not be liable for maintenance fees or the perpetual contract. If Diane were to donate her 5,000 Bluegreen points, it would prompt a paper transaction known throughout the industry as a “Press and Clean” that will ultimately transfer the points back to Bluegreen. While transferring timeshares is perfectly legal, legal point laundering does not solve the problem when timeshare buyers experience unfair and deceptive sales practices.  

If my source is correct, in this scheme, Bluegreen controls who gets referred to the charity, so you can’t just call up one of the charities and ask them to take your Bluegreen points. Bluegreen benefits because they are not as bothered by calls from people wanting to get rid of their points, as they can refer the member to the charities if there is no loan outstanding.

It is ironic Christel House works with those in poverty, considering Inside Timeshare has heard from 894 timeshare members and more than a few driven into poverty because of unfair and deceptive sales practices that are accompanied by rising maintenance fees and no secondary market.

So why is being allowed to donate timeshare points to a charity, not a good idea? When sold by deceit, the charity becomes a link in the progression described by one former sales agent as a hamster wheel: deceive, force insolvency, take-back, resell – with the charity brokering the points back to the timeshare company.

We hope this isn’t the timeshare lobby ARDA’s idea of a Responsible Exit.

ARDA’s Coalition for Responsible Exit

https://responsibleexit.com/

Diane’s Response to “Who’s the Fish?”

I read Inside Timeshare’s article about the lawsuit filed on behalf of nearly 36 Bluegreen plaintiffs against Bass Pro Shops and Bluegreen with great interest after I received Bluegreen’s response to my complaint. My reports of deception are similar to identical to those listed in the lawsuit complaint.

My concerns were not even addressed. Instead, I received an email suggesting I donate our points to a charity. Given an attorney I contacted was going to charge me $5,000 to get us out of this financial trap, I questioned why a nonprofit would want to accept timeshares.  

Bluegreen responded to my complaint saying that they have no provision to take back a timeshare (even when deceived?), but I could contact one of four selected charities to donate our 5,000 points. The four select charities are listed below. While I applaud any assistance is to a charity, I don’t feel this is appropriate. 

Our family purchased our points in 2011 after we had endured the Joplin, Missouri EF5 tornado that killed approximately 160 people. My father broke his back and ribs, his home was destroyed, and we endured over $40,000 in damages to our home. Shortly after the tornado, we took a trip to Branson to get away for a breather. At Bass Pro Shops we were approached by a Bluegreen representative. The resulting consequences I would describe as a financial tornado.

In the lawsuit Bass Pro Shops filed against Bluegreen, they were concerned about commissions they had not been paid. Bass Pro Shops will be rewarded $40 million, but there is little concern as to the deception described by Plaintiffs in the lawsuit filed on behalf of Bluegreen members. In the lawsuit complaint, Bass Pro Shops mentioned aggressive sales practices that were offensive to their customers, but I’m sure the reason for the lawsuit was to sue for commissions. It’s all about the money with timeshares – our money.

We experienced the following:

  1. The meeting promised to last no more than an hour, lasted for hours,
  2. They explained how we would save money on vacations by buying points. In actuality, most of the places we attempted to book were either not available when we were able to use them, or we couldn’t book them at the time we wanted to book (not in the booking window). We have never been able to vacation anywhere using Bluegreen points but Branson, except for one Florida trip.
  3. We were told we were not buying a timeshare! They provided us with a “deed” explaining that we were purchasing real estate.
  4.  We were told we could sell Bluegreen points at any time and that points would appreciate in value like our home. There is no resale value as evidenced by their suggestion we donate points to a charity.
  5. A credit card was opened to make the purchase and we were advised to transfer the purchase price to a home equity loan.
  6. They explained the benefit of being able to transfer the points to our heirs. We now know what is passed down is a financial liability.

The few trips we did take were a disappointment due to high-pressure sales tactics that made us feel like we could not leave unless we purchased additional points. We have no desire to stay at another Branson property due to our last stay when we experienced soft spots on the bathroom floors, roaches, and the same furniture as 2011. The pool looked nasty, cloudy and full of algae. 

Bluegreen responded to our concerns as follows:

We are sorry to hear that you wish to cancel your ownership. Unfortunately, there are no provisions for you to cancel your contract at this time.

However, we would like to offer you the opportunity to participate in a pilot program we have developed to assist owners like you who have no outstanding loan but would like to separate from the Bluegreen Vacation Club. The program is outlined below:

1.     Donate your timeshare interest benefiting a charitable organization. Please see the attached document regarding worthy organizations.

2.     You will be provided with a donation letter from the charity based on the current third party comparable selling price. With respect to your ownership, this is estimated to be $745. Please note that this letter does not represent proper documentation to support a deduction on your tax return nor is it a substitution for any third-party valuation that may be required by the IRS. We recommend that you consult with a tax advisor regarding requirements for claiming non-cash charitable donations.

3.     You will have the option to utilize one-year’s allotment of (5,000) Vacation Points for up to two years (at no cost to you).

4.     You will be released from any future obligations to the Bluegreen Vacation Club.

Charitable Giving Program – Donation Options 

Junior Achievement of South Florida (JA)

SOS Children’s Villages – Florida is a foster care neighbourhood in Coconut Creek.

Christel House Some things should be handed down from one generation to the next. A life of poverty isn’t one of them.

JDRF is the leading global research organization accelerating medical breakthroughs to cure, prevent and treat Type 1 Diabetes (T1D).

I imagine waves of baby boomers, with children and grandchildren, have experienced the same. We will teach the next generations to avoid timeshares and travel clubs. The existence of unfair and deceptive timeshare sales practices is apparent. See the lawsuits and Attorneys General investigations below.  

Thank you to Diane for informing us of this remarkable timeshare development. Our readers are not just a disgruntled few:

The NY Attorney General investigation into the Manhattan Club resulted in a $6.5 million settlement. https://www.amny.com/real-estate/the-manhattan-club-settlement-includes-6-5-million-in-restitution-ag-says-1.14048559

Colorado Attorney General sued Highlands Resort, Sedona Pines and twelve other defendants for deceptive trade practices. https://businessden.com/2016/12/07/ag-sues-timeshare-firm-for-deceptive-tactics/

Missourians sometimes are targeted by real estate developers and resort communities to buy vacation timeshares. https://ago.mo.gov/civil-division/consumer/consumer-topics/vacation-timeshares

Arizona Attorney General received hundreds of complaints against Diamond Resorts, fined the company $800,000 and issued an Assurance of Discontinuance. https://azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Tennessee Attorney General announced a $3 million settlement with Festiva, a network of vacation and timeshare companies, for alleged violations of the federal Telemarketing Act, federal Telemarketing Sales Rule, and the Tennessee Consumer Protection Act. https://www.tn.gov/attorneygeneral/news/2016/2/24/pr16-04.html

Connecticut Attorney General George Jepsen says his office received 58 timeshare complaints in 2018, including concerns about pressure sales tactics, exorbitant fees, and difficulty reselling. https://www.nbcconnecticut.com/news/local/Timeshare-Troubles–What-To-Do-Before-You-Buy-and-Sell-504017151.html

A Florida Whistleblower lawsuit filed on behalf of ten former Wyndham employees, including eight former sales agents. Plaintiffs allege that they objected to and refused to participate in illegal timeshare sales practices.  https://insidetimeshare.com/fridays-letter-from-america-42/

Former Wyndham sales agent Trish Williams, a jury awarded an initial $20 million. https://dolanlawfirm.com/2016/11/wyndham-timeshare-whistleblower-lawsuit/

Candace Czarny v Hyatt and Kent and Allison Drysdale – Former Hyatt timeshare sales allege that they were instructed to make certain false statements and omit certain facts when communicating to Hyatt owners and potential clientele in order to make more sales. https://insidetimeshare.com/fridays-letter-from-america-57/

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

Free at Last Facebook

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/

Thank you Diane and Irene, this certainly looks like one of those schemes which only benefits the timeshare company, if you have any views, comments or questions on this article please use our contact page and get in touch.

That is all for this week, we hope that you all have a great weekend and join us again next week.