Browse Tag

Nevada Real Estate Division

The Tuesday Slot

Welcome to The Tuesday Slot with another look at some of the many complaints received by Inside Timeshare, this review has been written by Patty Boyak who as we all know has been staging many protests outside some of the resorts. One thing that will strike you the reader is the similarity in the complaints from people who have never met, yet we always hear the same thing “We are not responsible for what our sales agents say”!

Why we need Secret Timeshare Shoppers – Especially in Vegas

Timeshare Buyers Need to Record Las Vegas Timeshare Presentations

Seven Timeshare Complaints against the same sales agent  

 “The long term strategy is, if there are (exit) companies out there that really are legitimate, which we haven’t seen yet,” Flaskey said, “then they need to be regulated the same way our (timeshare) industry is regulated.”

                                                             Michael Flaskey, Diamond Resorts CEO

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

In Nevada, hundreds of timeshare complaints have been dismissed with:

“You Signed a Contract.”

This is regulation?

July 23, 2019

By Patty Boyak, Diamond Platinum Complaint #28 out of 101 

Branden and Patty Boyak 

#2 of 7 Complaints

Jean Paul H, Principal Broker Nevada

This is our complaint sent to the Nevada Real Estate Division July 7, 2019.

A recording of Alaa C defrauding a 28 year old disabled veteran was provided to NRED over a year ago.

Sent To Hospitality, Michael Flaskey, CEO

Our purchases:  

  1. 19 December 2017  – Palm Canyon Resort, Palm Springs, CA
  2.  6 May 2018  – Cancun Resort, Las Vegas, NV Purchase price for 15,000 points:  $55,000 Down payment: $11,075 on a Barclay card Amount Financed: $151,079.65

Trevor W had previously sold us points in Palm Springs promising a maintenance fee relief program if we bought “member” instead of “owner” points. There is no such thing as “member” vs “owner” points.   

Several Diamond members were pitched this:

https://insidetimeshare.com/fridays-letter-from-america-59/

When we next met with Alaa C we were unaware that we had been deceived by Trevor because we had not attempted to sell points back at $.30 per point. We missed the window period Trevor explained – that we had to turn in points by November 30 and 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. The delay avoided the rescission period.  

On 06 May 2018, we went to Las Vegas Cancun Resort where we met Alaa C. C introduced himself as a Platinum Counselor.  Alaa said that as Platinum members we should be using our points at $0.20 each to pay maintenance fees and said there were NO restrictions on the amount of points we could redeem. We brought up that Trevor Wood in California had told us about the $.30 per point to pay maintenance fees, so why was this $.20 a point? C said it’s not $.30. 

Using his phone, he showed us rebate checks we could receive at $0.20 per point.  There were several checks in a row on his screenshot on his phone. We didn’t see the exact amounts, but we had asked about the legitimate rebate program because we were already aware of Diamond’s Travel Reimbursement program. This was not the reimbursement program we knew, C assured us.

C gave us his phone number and said he would be our Platinum counselor. We attempted to call him multiple times. He only called the day after we purchased to ask about incentives we had attended. He never returned calls after that.

C said that by purchasing 15,000 additional points, we would be able to redeem points at $0.20 per point.  C said we would have enough points to pay all our maintenance fees with 50,000 points and still have points to travel. The first time we attempted to use the point redemption program, we were told by Platinum customer service no such program existed.  

Reviewing our files, Alaa informed us that none of our previous contracts had been wrapped and that wrapping them into a single contract would stabilize maintenance fees. C told us the only way to wrap the contracts was by purchasing an additional 15,000 points and if we did, the maintenance fee increase would only go up by 4%, whereas if we had six contracts, the maintenance fees would be much higher, in the 10 to 12% range. This turned out to not be true. It would be highly unlikely for maintenance fees to go up by 10 to 12% just because there were six contracts instead of one. Fees have not decreased. In fact, we incurred an additional $2600 in maintenance after purchasing the additional points.

Patty and Brandon Boyak and another Platinum couple protesting in Las Vegas.  It would be unusual for educated professionals to go to this much trouble over buyer’s remorse.

It is common for Platinum members to have made several prior purchases. Trust ensues. If the member refuses to pay for a recent purchase, they risk walking away from all points purchased; the money spent exceeding $200,000 or more. A 180-page report summarizes 101 Platinum up-sells. The similarities are glaring.   

Alaa C complaint #1 is a 90% disabled Army veteran. He recorded the second hour of a five-hour sales presentation because C refused for an hour to return their credit card and driver’s licenses. Alaa told them that because they did not get “the letter” from Apollo they were not grandfathered in so would have to buy additional points or pay $250,000 in maintenance fees over 10 years. Member complaints frequently begin, “They said we should have received a letter.”

Alaa C complaint #3 A Y, age 79 Platinum complaint #72 out of 101

Mrs. Y’s first language is Cantonese. Her husband, age 80, is diagnosed Alzheimer’s. Typically, Diamond points sell for $4 per point. Buyers are shown a price listing points at $9 and a warning the price will appreciate in the subsequent year. Buyers are not told Diamond points are worthless on the secondary market. Mrs. Y did not know the total amount they spent to buy 80,000 points, but at $4 per points an estimated price would be around $360,000.  Platinum 52,000 points

October 10, 2018, Nevada

In 2018 October we attended a meeting in Las Vegas and met with sales agent Alaa C. We agreed to buy 100,000 points more but ended up buying 90,000 additional points. Alaa C said that if we purchased these points, we could use 50,000 to pay maintenance fees by redeeming points and still have 50,000 to travel. We turned it down. The manager Maher F said we don’t need 100,000 points, maybe 80,000 points.

They said we could trade in points for $15,000 every year. They said you turn in January and it would take 30 days to process. Both Alaa C and Maher F told us this. They said only Diamond has this program.

Alaa C Complaint #4  

An attorney contacted us and asked if we knew of Alaa  C as he has received a complaint against him. 

Alaa C #5 B W, age 57, Platinum complaint #86 out of 101

May 23, 2019

The maintenance fees after 2014 escalated. In California, they kept saying they were going to go public. They told me our kids would have to inherit the points unless I bought additional points. They said, “Your kids won’t be able to have a choice whether to keep it or not if you don’t buy additional points.”

I met with Alaa C June of 2018. He told me everything that happened in CA wasn’t true. In order to give me what I was already supposed to have, I was told I needed to buy 25,000 additional points. I asked C if I could record. He said no.  C told us about a program to pay maintenance fees. If you book through travel services you could get $.30 per point toward maintenance fees. I took a picture of his picture pitch.

Alaa C #6 complaint, age 73, (resolved) Platinum complaint #85 out of 101

Al C sold me 25,000 additional Diamond Hawaii points March 2019 for $90,750.

C said at this new Platinum Legacy level, there would be an option for “travel cash” which I could use to pay maintenance fees.  He even showed me how to calculate it. He said if I bought these points I would be at the highest level and there would be no reason to buy any additional points in the future. However, at my next presentation at the Palm Canyon Resort in California April 26, 2019, Trevor told me I needed to buy additional points.  

At the Palm Canyon April 26 presentation, Trevor told me that there is no such thing as travel cash. I WOULD NOT HAVE BOUGHT THE LAST PURCHASE FROM C IF THIS TRAVEL CASH TO PAY MAINTENANCE FEES HAD NOT BEEN SOLD TO ME as a way to offset maintenance fees. C had multiplied the number of points x 30 cents to illustrate how to pay for maintenance fees.

Trevor showed me a graph of maintenance fees showing maintenance fees increasing. Trevor had said that the way my contract with Al had been written, my maintenance fees were at the higher rate of increase. Al had said my maintenance fees would be at the lower rate of increase. Al did not provide me with a “summary of maintenance fees.” Diamond’s CLARITY promise, which promotes clear, concise, accountable and transparent information says, “You will receive a summary of maintenance fees.”

Al also said I needed to buy additional Hawaii points so that my heirs would not be responsible for maintenance fees. I have learned heirs would not be responsible.

Trevor told me I would need to purchase 75,000 additional points for an additional $125,000 to take care of the mess Al created.  Trevor and Brad also stated that Al sold me 7000 more points than I needed to be platinum.

Al said to put part of the down payment on my own credit union mastercard. If I called the next day he would switch the money to my Barclaycard so that I would have a 0% interest for 6 months.  He put his cell number in my phone. I called him the next day with the required information. Al never responded to my next texts.

Since the meeting on April 28, I go to bed every night worried about my fees, wake up in the middle of the night and think about what to do, and wake up in the morning thinking about fees. This is making me ill. 

Yes, I met with the QA representative, and he may have witnessed Al telling me what to put on the why-did-you-make-a-purchase-today sheet in Cancun. Yes, I bought to have platinum status, but only because I was told this included travel cash, lowest maintenance rates, and the right of my heirs to refuse the points. 

#7 “Al” complaint Leo Gomez, deceased at age 71

Army, Vietnam veteran Agent Orange 100% disabled

September 10, 2018

To: Hospitality

Michael Flaskey, CEO

ARDA

Barclays President’s office

Association of Vacation Owners

We only bought points because we were told ILX went bankrupt.  In March of 2017, I was diagnosed with pancreatic cancer, stage 4.  In September 2018 I was told there was nothing that could be done. I have been given a few weeks to a month to live. I have been approved for Hospice.

We only owed about $6,000 on the loan before Al said we had to convert our PVC points to US Collection. The presentation was exhausting, over four hours. Al knew I had pancreatic cancer and was exhausted because of that. ILX 15 years ago $17,500 was the purchase price 

I have learned it was not necessary to convert our PVC points. They said our maintenance fees were $2,200 for 2018 and would go up to $3,000 January 1, 2019, if we did not convert. They said at Silver the maintenance fees will not go up. Especially under the circumstances, we are upset that we were lied to. We bought 15,000 U.S. Collection points July 16, 2018, at Cancun converting PVC points to U.S. points purchased for $33,000. Amount financed: $28,000.

Leo Gomez

Leo’s last words to us, “I want my story told.” 

https://www.opednews.com/articles/A-Fourth-Agent-Orange-Vete-by-Irene-Parker-Fraud-180917-513.html

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 your time and effort and we hope that your next round of protests goes well. We are also very sorry to hear that your own complaint was turned down. We have with your kind permission attached a PDF of the letter you received from the Nevada Real Estate Division.

That is all for today, if you have any comments, views or just need any information please use our contact page and get in touch.

The Tuesday Slot

Welcome to The Tuesday Slot, this week Irene Parker asks the question Wait! What Timeshare Regulations? But first, we have an update on the last 2 weeks of court cases in Spain, these figures came in late Friday afternoon, just a little too late to include in Friday’s Letter from America.

In total, Canarian Legal Alliance has received 38 sentences by various courts in Spain, these have been against 3 of the major players in European timeshare and are broken down as follows.

In one of the High Court sentences against Anfi, they were also ordered to repay the client the in-house finance including interest, this may just be good news for others who purchased their timeshare using in-house finance. It certainly sets a precedent.

The total amount which will be returned to the clients is an incredible 1,310,533.00 €, plus in most of the cases the return of legal fees and legal interest. All contracts were also declared null and void leaving them all timeshare free.

At least in Spain, there are regulations that protect consumers, so now on with our Tuesday article with Irene.

Women Who Money

Are Timeshares Worth the Money in the Long Run?

https://womenwhomoney.com/timeshares-worth-money/?fbclid=IwAR0bYNP97–z3c_zLuiKII59MamwEsSaCA6exdi6GdNOspnL26F88c09eeg

Wait! What Timeshare Regulations?

By Irene Parker

April 30, 2019

I enjoyed reading Are Timeshares Worth the Money in the Long Run? published by Women Who Money.  I agree with the author’s major points, except “regulations being in place to protect timeshare consumers.” Having heard from timeshare members about how easy it is for a timeshare sales agent to dodge a contract rescission period, I wonder if there is any foolproof way to prevent being scammed. Some things, like actual availability, cannot be discerned by reading the contract. My contract said, “You can sell your points. We will not assist you.” The part about no buyers was left out. I was duped by reading the contract.

House, Senate and Assembly Bills are flying across the country. The timeshare PAC ARDA ROC was successful in extracting consumer protection measures out of Arizona HB 2639, as reported by The Courier Daily.

“They’ve got a lobbying presence here and around the country,” added Amanda Rusing who lobbies for the office, “It was very disappointing to have to remove all of the stronger, pro-consumer provisions.”

https://www.dcourier.com/news/2019/apr/16/opt-out-provisions-timeshare-bill-no-longer-table/

Timeshare members “voluntarily” contribute approximately $5 million annually to ARDA ROC via maintenance fee invoices. ROC stands for Resort Owners Coalition. Why would any organization oppose offering a buyer 24 hours before signing a perpetual contract with no secondary market? Buyers are told that they have to buy the same day.

We are asking legislation be proposed that would allow the timeshare member 24 hours to review a contract before signing. We understand a member may not want 24 hours to review, so this offer could be waived. This offer should not be buried in the tap, tap, tap, electronic fine print. Members often report being held under duress for up to eight hours by a tag team of agents. Some sales centers take your driver’s license and credit card and won’t give them back.  

ARDA ROC introduced legislation in Nevada and Florida that would require those contracting with timeshare exit service providers be given 24 hours to review a timeshare exit service provider contract. This was proposed because they care about their members experiencing deceptive sales practices? Give me a break.

We would think it silly if a bill was proposed requiring those who seek to buy a car be allowed 24 hours before signing a contract. Typically when buying a car, you shop, and a tag team of agents doesn’t gang up on you for hours.

A synopsis of recent Florida, Arizona and Nevada legislation:

Timeshares are regulated by states. Since timeshare buyers typically buy a timeshare in a state other than their state of residence, lawmakers have little incentive to react to non-constituents. Lawmakers need to listen to those who bought a timeshare in their state, not just those who reside in their state.

I found the Woman Who Money article, “Are Timeshares Worth the Money in the Long Run?” on Lisa Ann Schreier’s Timeshare Crusader blog. Having worked in the industry for years, Lisa’s knowledge brings a lot to the table. Lisa is the author of Timeshare Vacations for Dummies.

From Women Who Money   

Regulations now exist to help protect consumers from high-pressure sales tactics. If you buy a timeshare and quickly regret it, you may have options for getting out of the signed contract.

https://womenwhomoney.com/timeshares-worth-money/?fbclid=IwAR0bYNP97–z3c_zLuiKII59MamwEsSaCA6exdi6GdNOspnL26F88c09eeg

Lisa Ann Schreier

Timeshare expert and author of Timeshare Vacations for Dummies

“While it is true that each state has a legally mandated rescission period, the fact of the matter is that 99% of purchasers will not read the contract within that time frame. The days of relying on the salesperson for good, solid information are over. Consumers must go into these timeshare sales pitches armed with a litany of questions and be prepared to walk out without purchasing anything if they don’t receive answers that can be pointed out within the contract.”

http://thetimesharecrusader.blogspot.com/

My husband and I used and enjoyed our timeshare for 25 years with no complaints, questions or Facebook posts. The points-based product does offer greater flexibility. We’re not saying timeshares aren’t good for many, and we know there are many honest sales agents, but I am convinced after hearing from over 800 timeshare members, current and former sales agents, managers and even an executive or two, “pitching heat” is on the upswing.

Timeshare buyers should record their timeshare sales sessions in one-party states where legal. Florida is a two-party state, so you cannot legally record without the other person aware. How is a victim supposed to obtain proof? All our readers’ Florida and Nevada timeshare complaints sent to the Nevada Real Estate Division and Florida Department of Business & Professional Regulation were dismissed with “You have no proof.”  I would recommend not buying a timeshare in a two-party state.

One of our Supporters, Sheila Brust, has her “Pencil Pitch” denoting the following figures, with an arrow and “save” written alongside:

  • $8,631
  • -8,631
  • 0

According to Sheilah, the three-page pencil pitch describes how she would be able to cover all her maintenance fees through point usage. A second and third buyer bought from the same sales agent. The Florida DBPR reviewer told Sheilah that she did not understand the program either until she spoke with the company’s attorney. What chance does the average consumer have if a Florida timeshare reviewer, who has reviewed hundreds, if not thousands of timeshare contracts, did not understand the program until she spoke with the company’s attorney?

As far as proof, 83 Platinum members, who don’t know each other, reported similar to identical complaints, often against repeat offender sales agents. I’m told that constitutes proof as it is a good faith investigation and a reasonable conclusion. We have prepared a 130-page summary which is available upon request if a lawmaker or regulator is interested. We can hope.       

We are working on a petition. If you would like to become more involved with our efforts, contact Inside Timeshare. Of the 805 timeshare members who have contacted us, 103 are veterans and active duty services members.

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you, Irene, and also Lisa Ann Schreier for your contribution, if you have any comments or views on any article published, please use our contact page, we would love to hear from you.

If you have been contacted by any company with regards to resale, relinquishment or a claim and you are unsure if they are genuine, again use our contact page and let us know. We will point you in the right direction. Remember, doing your homework will save you in the end from losing your money.

Friday’s Letter from America

Welcome to this weeks Letter from America, today Irene Parker sets out instructions on how to file complaints with the FBI and the FTC (Federal Trade Commission). Unfortunately, many of the requests for help Inside Timeshare receives fall into the category of fraud, yet the industry still does not recognise that they need to change.

Before we start a bit of news from the Spanish Courts.

The lawyers from Canarian Legal Alliance have been at it again this week with a resounding 25 sentences issued against timeshare companies.

These have been broken down as 3 issued from the High Court and 22 from the Court of First Instance. With Anfi receiving 24 judgements against them and Club La Costa receiving 1. The Club la Costa case was heard at the court of First Instance in Fuengirola, Malaga and is the very first case to involve one of CLA’s Spanish clients. (Click on the PDF below for the court sentence).

The other cases were clients from the UK and Scandinavia, with most receiving double the deposits paid and the return of legal fees, all contract were also declared null and void.

The total amount awarded in all these cases is a staggering 828,329€. So congratulations to the clients and also the entire legal team at Canarian Legal Alliance.

Now for our Letter from America.

Timeshare Accountability Group™

FBI and FTC Filing Instructions and Talking Points

April 26, 2019

By Irene Parker

When timeshare members feel they have experienced unfair and deceptive timeshare sales practices, the member should first reach out to their resort in an attempt to resolve the dispute. If informed, “You signed a contract” or “We are not responsible for what our sales agents say,” file a Better Business Bureau complaint and file a complaint with the Attorney General from the state where you signed a contract.

Unfortunately, some timeshare complaints meet the FBI definition of white-collar crime. If the complaint is of a nature that meets the following description, file with the FBI at IC3.gov or file orally by contacting an FBI field office.

# 1 IC3.gov

Timeshare fraud falls under White Collar Crime/Mortgage Fraud/Financial Institution Fraud/Fraud for Profit. click on the link below to read about mortgage fraud. The general definition of white-collar crime is “deceit, concealment, violation of trust, and bait and switch.”  

Fraud for profit: Those who commit this type of mortgage fraud are often industry insiders using their specialized knowledge or authority to commit or facilitate the fraud. Current investigations and widespread reporting indicate a high percentage of mortgage fraud involves collusion by industry insiders, such as bank officers, appraisers, mortgage brokers, attorneys, loan originators, and other professionals engaged in the industry.

Fraud for profit aims not to secure housing, but rather to misuse the mortgage lending process to steal cash and equity from lenders or homeowners.

The FBI prioritizes fraud for profit cases.

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

To file a complaint with the FBI, select IC3.gov from the three choices available. It’s confusing because IC stands for Internet Crime, but it doesn’t have to be about internet crime. That’s just the name of the portal. You can file a complaint on behalf of someone else. At the end of the form it will ask if you are filing on someone else’s behalf.

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

Some of the information that the IC3.gov online form asks for is not necessary – fields like routing numbers, bank addresses. Don’t worry about having all that information. They are not required fields. Victim bank is the bank from where you made payments or the credit card company. Subject bank is where you send your payments.

If you receive additional information after filing an original complaint, there is a handy box to check that asks, “Is this an update to a prior report?” Start the complaint over, but check that box to add the new information.

Step #2 File an oral FBI report 24/7

You can also file orally by contacting an FBI field office. Contact the field office where you signed a contract. Members have reported some agents have spent one or two hours on the phone with them. One member met with her FBI agent!

When you call the field office, select “Submit a Tip” then wait for the white-collar crime prompt. One person ended up in the wrong pew of the right church told they had to have lost a million dollars or more to file a complaint. That’s not true.

Members report the FBI has been responsive, but the FBI agent needs to be convinced getting a lawyer will do nothing to stop the problem of timeshare fraud for profit. Timeshare companies have armies of lawyers and they can drag a proceeding on forever until the member is broke. It is an understatement to say timeshare attorneys don’t look favourably on the arbitration process.

In Florida call the Tampa Field Office

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

Whether filing at IC3.gov or orally, you can provide the name and phone number of other victims, especially if you are aware of similar complaints. That way the FBI can look up other reports directed against the same repeat offender sales agent.

Sheila Brust’s article, “Just the Facts, Ma’am” is about her experience reaching out to the FBI. Sheilah worked for New York Governor’s Office of Employee Relations. The FBI advised Sheila to file with the Secret Service because her allegation also involved credit card fraud.

www.secretservice.gov                                                       

Don’t expect to hear back from the FBI. They don’t work like that. That doesn’t mean they are not listening. It takes volumes of complaints and a pattern of complaints to launch any investigation, whether with the FBI or with an Attorney General.

Filing your own complaint requires dedication and perseverance. Resolutions can be accomplished, empowered with information the member needs to take matters into their own hands. Thinking beyond their own dilemma, members can become one of our volunteer Supporters to help others.

Our Complaint Instructions were revised by a millennial timeshare buyer who followed our complaint instructions to resolve her dispute.

How to File a Complaint revised January 25, 2019

Timeshare member complaints tend to start out convoluted and confusing. We suggest having a friend or neighbor, not familiar with timeshare, read your complaint to see if it makes sense. Provide examples. Expect to be denied. Read the reason for dismissal and respond with a rebuttal.

Saying things like “I can’t afford this” is useless. You can’t go to your home mortgage lender and say “I can’t afford my home mortgage” and expect them to take your house back. You signed a legally binding contract. If there was no deception, you are bound by the contract, although it’s possible to request a contract cancellation due to medical or financial hardship.

We refer to a lawyer about one in ten times when all else fails, or the member does not have the time or energy to follow our process, which is admittedly timeshare consuming. A list of reputable law firms is provided upon request.   

#3 File with the Federal Trade Commission

The FTC online form has a “Timeshare Sales” option. It’s not easy to find. Instructions are in this article. Don’t be discouraged by receiving only a “Here’s some timeshare tips!” response. https://insidetimeshare.com/the-tuesday-slot-13/

Extra Talking Points

You must inform the FBI agent why you experienced unfair and deceptive sales practices. The agent you speak with may know nothing about timeshare basics. Explain the contract is perpetual, there is no secondary market, and when members complain, the company often hides behind the oral representation clause.

Your mission is to convince the FBI that this is not about only a few complaints. This article “Timeshare Foreclosure Explained to Lenders” lists just a few of the Attorneys General investigations and lawsuits, and the St. Louis Better Business Bureau report tells consumers what to watch out for:

Timeshare Foreclosure Explained to Lenders

St. Louis BBB report

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

Why doesn’t the government do something about this?

  1. There is no federal enforcement,
  2. Timeshare Attorney General Investigations and settlements are usually mere financial speed bumps, comparable to fining an NFL player $10,000. One exception is The Manhattan Club settlement. https://nypost.com/2017/08/17/new-york-ag-reaches-6-5m-settlement-with-manhattan-club
  3. When a member complains, they are shown their initials on the fine print,
  4. Retaining an attorney will not stop unfair and deceptive business practices,
  5. Litigation is time-consuming and expensive,
  6. Arbitration is widely known to be pro-industry. If you lose you can end up paying the resort’s arbitration fees. The resort hires the arbitrators.
  7. The CFPB has been rendered ineffective. Even in the CFPB heyday members could not file a complaint because the borrower often doesn’t even know the name of their lender. You had to select a financial institution from the dropdown menu and timeshare companies are not a choice.
  8. Some lawmakers may be influenced by lobby dollars, as reported by The Daily Courier. https://www.dcourier.com/news/2019/apr/16/opt-out-provisions-timeshare-bill-no-longer-table/
  9. Some state AGs turn a blind eye. At a Florida legislative workshop in Tallahassee March 12 of this year, the spokesperson for the Florida AG reported their office received 1,600 annual timeshare complaints in 2017 and 2018, mostly about the initial sales presentation, 50% seniors, of which the AG engaged only 42 of the complaints, mostly about resales. This spells no enforcement. The Nevada Real Estate Division responded to all our readers with a “You have no proof letter.”
  10. Timeshare members give the ARDA ROC Political Action Committee approximately $5 million dollars annually, often “Opt-Out” donations. We have heard from over 800 timeshare members. Not one could tell us what ARDA ROC even stands for. ARDA ROC vigorously opposed recent proposed pro-consumer changes in Arizona.  

Let us know if you are active duty military, law enforcement, a government worker or a veteran, as we are supported by WhistleBlowers of America. They added timeshare fraud to their March 14, 2018 report before the Committees on Veterans’ Affairs (the Consumer Financial Protection Bureau has since been all but dismantled and we changed our name from TS Advocacy to Timeshare Accountability Group):

United in Speaking Truth to Power

www.whistleblowersofamerica.org @whistleP2P

601 Pennsylvania Ave, South Tower, Suite 900 Washington, DC 20004

Statement of

Ms. Jacqueline Garrick, LCSW-C

Executive Director

Whistleblowers of America

Before the

Committees on Veterans’ Affairs

U.S. Senate

U.S. House of Representatives

March 14, 2018

House and Senate Committee Members:

Whistleblowers of America (WoA) was incorporated in 2017, as a newly focused nonprofit service organization providing peer support to whistleblowers, so we are honored to be able to share our concerns with you today. The majority of our contacts are with Department of Veterans Affairs (VA) employees or veterans who have identified waste, fraud, and abuse, medical errors, denials of care or benefits, discrimination, harassment or bullying.  For doing so, they have suffered reprisal and retaliation. From the report:

Fraud and Scams Against Veterans:

Although WoA recognizes that it is not inherent within the VA mission to protect veterans from fraud and scams that could cost them their benefits, it suggests that it could be assistive in educating veterans against these unscrupulous tactics. For example, WoA has had multiple complaints from veterans related to timeshare deceit and bait and switch tactics, which are defined by the FBI as fraud for profit.  Often elderly veterans are mentioned as being targeted by the Timeshare Advocacy Group, TM which fights for active duty and retired military who fear losing their security clearance, career, homes or other assets.  Foreclosures and financial distress because of these misrepresented investments are happening every day to elderly disabled veterans and their families. In the past, VA has cooperated with the Consumer Financial Protection Bureau (CFPB) over mortgage and other loan scams that caused financial hardships for veterans.  Home loans and timeshare loans are identical as both are reported as foreclosures. WoA asks that Congress consider a role for the VBA Employment and Economic Initiative (EEI) could play in cooperation with CFPB to educate and protect veterans from unscrupulous financial predators and fraudulent practices.

Consider a donation to Whistleblowers of America if you have been helped by Timeshare Accountability Group™

It’s remarkable that a timeshare member must go through this many stressful hoops concerning a product that was sold to be stress reducing. If you have skills that could help others, consider becoming a Supporter. Contact TAG.

Related articles:

3Rs or F of Timeshare

The Timeshare Tax Trap, February 26, 2019

Arizona HB 2639, March 1, 2019

Arizona HB 2639, March 5, 2019

Florida HB 435, March 15, 2019

Florida HB 435, March 19, 2019

Nevada SB, March 22, 2019

Arbitration October 24 2017

Member self-help groups

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

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

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

https://tug2.com/Home.aspx

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

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

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

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

Thank you Irene, this information should prove a great help to many of our readers, it is just a shame that we have to resort to this type of action. One day the industry may just realise that it is through their own greed that they are on the receiving end of so many complaints.

Once again the weekend is upon us, whatever you are doing and wherever you are, have a great weekend and join us next week for news and information on the murky world of timeshare.