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Whistleblowers of America

Friday’s Letter from America

Welcome to this week’s Letter from America, we today publish yet another “Nightmare on Timeshare Street” from yet another Veteran, Ron Tzinski. Since we began highlighting these stories, Inside Timeshare has received around 111 complaints from Veterans and how they have been targeted and lied to by unscrupulous sales agents, yet the timeshare companies still allow the deceptions and lies to continue. These are men and women who have given their lives to the service and defence of the country and this is the thanks they receive! Despicable is the only word I can use without the use of profanities.

Part II Timeshare Reinvents Subprime Mortgages

What Wyndham Timeshare Hardship Department?

Veterans Speak Out

Part I Theresa Provides Insights into Wyndham’s Defaults

https://insidetimeshare.com/the-tuesday-slot-35/

http://www.centeronelderabuse.org/veterans.asp

Part III Why centeroneelderabuse.org Suggestions Offer no Help

On July 11, 2018, President Trump signed Executive Order 13844, establishing the Task Force on Market Integrity and Consumer Fraud and identifying the Deputy Attorney General as its chair. The Task Force is part of a government-wide initiative to combat fraud against consumers – particularly the elderly, service members, and veterans – and corporate fraud that victimizes the general public and the government. https://www.justice.gov/fraudtaskforce

By Ron Tzinski, an Army Veteran

June 21, 2019

I am an eleven year Army veteran, retired. I became inactive after Desert Storm when President Clinton decided to reduce the military. I have been inactive since 1993. I have an Honorable Discharge.

I would not be in a dispute with Wyndham had I been told about Wyndham’s Veterans Holidays program. I could have taken advantage of their “Always Low Fees” instead of being driven to foreclosure. I have not made a payment in eight months.  


Always Low Fees, Never Any Pressure

While accommodations are mostly at timeshare resorts, you will not be required to attend a timeshare presentation. Some resorts are already sold out and do not have active sales centers on-site. If the resort is still in sales, at some time during your stay, you will probably be given an opportunity to attend a presentation in exchange for a premium or gift (free dinner, theater/show tickets, amusement/theme park tickets, etc.). Everyone at these resorts is given this same opportunity. If you like the incentive gift and want to attend the presentation, you are welcome to do so. But you are under no obligation and can simply say, “No, thanks.”

Veterans Holidays is a part of Wyndham Worldwide, one of the world’s largest hospitality companies.  https://www.veteransholidays.com/about-us

I bought my Wyndham timeshare in Tennessee October 2016.  October 2017, I talked to someone at the Wyndham Grand Desert about getting out of my timeshare. Instead of getting out, I got talked into buying additional points. They promised that if this purchase was a problem, Wyndham would buy-back the timeshare. They explained the reason for this convenience was because Wyndham self-finances loans. And I was buying a trial product. This made perfect sense.

I am a small business owner on the verge of bankruptcy due to massively decreased income. I have the tax returns to prove it. My family needs dictate that I provide the basic day-to-day necessities for my families now, over a timeshare

I never should have been sold a timeshare in the first place. Even when I bought the timeshare, I made less than $12,000 a year. I’m self-employed. When I bought the timeshare, I wasn’t asked about my income. As Theresa mentioned in her article, she was told a minimum of $75,000 was required to make a timeshare purchase. Also, my wife passed away two years ago, after we had purchased the timeshare. I never even used the points.

I applied for a hardship release. Wyndham started three files on me, but ultimately denied a release. Inside Timeshare sent a draft of this article to Mr Jason Gamel, Sr. VP Legal at Wyndham, and to another Wyndham representative, asking why an annual income of $12,000 a year and death of a spouse would not qualify for hardship. Mr Gamel said at a Florida legislative workshop that Wyndham members need not seek timeshare exit provider services because of Wyndham’s hardship department. You must have to be on welfare to qualify.   

Wyndham does have a release program called Ovations for those without loans:

‘We understand that your situation may have changed since you purchased your timeshare with us and now you’re unable to use it the way you planned. Whether it’s a change in marital status, family needs or vacation preferences, these events impact how and when you choose to travel.’

I just don’t understand the high bar obstacles for release, given Wyndham can take back the timeshare today and sell it to someone else tomorrow for full price. A member can’t even sell the timeshare on eBay for a dollar. Wyndham already has the money I paid until I could no longer afford to make payments. I understand that money is gone. Wyndham is in a win-win proposition, and with no secondary market, the consumer loses.   

‘With Ovation by Wyndham, owners receive the peace of mind that their best interest is being protected, something fraudulent timeshare resale, transfer and cancellation companies cannot offer.’

At least a cancellation company can support you during the demoralizing foreclosure process. Therein lays the rub. You can exit as long as you are paid up. So, what if you are only 2 ½ years into a 10-year loan when your situation changes? And we were told Wyndham self-finances so can easily take back the timeshare. We have no option but foreclosure.

Based on the response we received, Wyndham does not care about me or my situation. I know I am not alone. This Facebook page was started because we need support. At least members deceived can support each other. How sad.

Link to our Facebook: https://www.facebook.com/groups/376743609795740/

I feel that all timeshare companies care about is the money they feel they are entitled to. They care about keeping as many people on the hook as possible. I am sure the units, weeks, and points that everyone is ‘timesharing’ exceed the available inventory. I’m sure that most of the money goes to pay sales presentation incentives and sales staff wages.

We pay a ‘voluntary’ donation to the timeshare PAC ARDA ROC to be our voice, yet ARDA ignores us when we call them out on a violation in their Code of Ethics. Wyndham describes its Ovations program as an award-winning” program. An award was presented to Wyndham by the timeshare lobby ARDA. The president of ARDA is a Wyndham executive.   

I have connected with other veterans. We are now veterans in a different kind of war. The lack of a timeshare secondary market is even more harmful to active duty service members who could lose their security clearances over a foreclosure. Something needs to change, beginning with the non-existent secondary market. It’s a recipe for financial disaster, much like the subprime mortgage crisis.

Afterthoughts by Irene

After reading about Ron’s disappointment with Wyndham’s hardship department, I thought of the legislative workshop I attended in Tallahassee on March 12, 2019. ARDA had proposed a Florida bill that included a provision whereby timeshare exit providers must allow potential customers a 24-hour cooling-off period before signing a contract with an exit company. ARDA and Wyndham were concerned about unfair and deceptive sales practices, yet Ron was told it would be easy to have Wyndham take back the timeshare.

Exit providers and timeshare members wholeheartedly agreed with the cooling-off period as long as timeshare buyers would be allowed 24 hours to consider their decision. This would eliminate the high-pressure “today only or the deal is off” hard sell. The bill ultimately died in committee surely to resurface in 2021.

We are one hundred per cent in agreement that there are many timeshare exit scams, but I’ve been in contact with a few exit service providers who are as sincerely concerned about unfair and deceptive sales practices as we are. “We” are our volunteer Supporters who answer questions for timeshare members filing regulatory and law enforcement complaints for members who feel they experienced unfair and deceptive timeshare sales practices.

Sign this Petition for Timeshare Reform. We are working towards 100,000 signatures by 2021. Over 1,200 have signed. You don’t have to be a timeshare member to sign.

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

Marine veteran Jim Sherwood is a 100% disabled Marine Corp Master Sergeant. Wyndham did resolve Jim Sherwood’s request for hardship, so there is a legitimate hardship department. Mr Sherwood’s article was published on March 8 of this year. We appreciate Wyndham’s response to Jim Sherwood’s request for hardship, but Mr Sherwood was at his wit’s end when he contacted Inside Timeshare, after denials following the VA’s report that he and his wife were unable to travel.   

Thank you to Ron for sharing his experience. Our standard disclosure is that we know there are many happy with their timeshare purchase. That doesn’t make up for thousands of families reporting deceptive and unfair timeshare sales practices. We have organized an outreach committee to seek more disclosure for veterans buying timeshares.

Related article: A Legislative Scoreboard

https://insidetimeshare.com/fridays-letter-from-america-45/

Whistleblowers of America is a nonprofit organization assisting whistleblowers who have suffered retaliation after having identified harm to individuals or the public. Together, we can speak truth to power.

https://whistleblowersofamerica.org/

Self-advocacy groups 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://tug2.com/Home.aspx

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

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, Ron, and also to Irene Parker for her contribution to this article, we would also like to thank all the volunteers who are helping with the advocacy efforts and giving others some hope.

It is such a shame that the timeshare companies act the way they do, they allow their own sales agents to destroy the lives of those who have served, all for what? There is only one word and that is GREED!

Inside Timeshare welcomes your comments and views on this article and any others published, just use our contact page and get in touch with us.

That is all for this week, join us on Monday for Part Six of our exclusive story on Silverpoint Exposed. Have a great weekend.

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.

Friday’s Letter from America

Welcome to this week’s Letter from America, today Inside Timeshares Irene Parker reports on a Lawsuit filed on behalf of 10 former Wyndham employees. This suit was filed under the Florida Private Whistleblowers Act in the Judicial District of Pinellas County, Florida Civil Division. This follows on from a previous article first published in 1 December 2016, where Whistleblowers exposed timeshare sales tactics, it was also where we reported on Trish Williams being awarded $20 million by a San Francisco jury for unfair dismissal after she exposed Wyndhams tactics. But first the latest news from the Spanish Courts.

For one British family they are nearing the end of a long road in their fight against Anfi Resorts, the Court of First Instance Number 4, in Maspalomas Gran Canaria has declared their contract null and void. The basis of this decision is the contract did not follow that stated under Spanish Timeshare Law 42/98.

The Hope family are now timeshare free and will soon be able to enjoy the money awarded, as the law firm Canarian Legal Alliance has already begun proceedings to enforce the sentence and have the money paid out as quickly as possible.

Mr & Mrs Hope

On the subject of enforcing sentence, one Norwegian family have now been awarded 49,226€ with their contract with Anfi Resorts being declared null and void, on the grounds that it did not include any tangibility and was detrimental to the consumer.

After enforcement of sentence proceeding by their lawyers at Canarian Legal Alliance, this money is now safely in the clients own bank account.

So contrary to many posts on various forums and claims by timeshare companies, clients are receiving payment, so congratulations to both families.

Now for today’s article.

A Lawsuit Filed on behalf of 10 Former Wyndham Employees

Filing #82214691 filed 12/17/18

Timeshare Exit Team Responds to Manifesto

Arizona Timeshare Bill to Safeguard Timeshare Buyers Opposed by Timeshare Lobbyists and Developers

By Irene Parker

February 22, 2019

A lawsuit was filed under the Florida Private Whistleblower Act (Florida Statute 448102(3)) on behalf of ten former Wyndham employees in the Judicial District of Pinellas County, Florida Civil Division against Wyndham Vacation Club. Plaintiffs include eight former sales agents. Plaintiffs allege that they objected to and refused to participate in illegal timeshare sales practices. This lawsuit parallels the former Wyndham California sales agent Trish William’s lawsuit in which a jury awarded Ms. Williams $20 million November 2016.

According to the Florida statute, “An employer may not take any retaliatory personnel action against an employee because the employee has….Objected to, or refused to participate in any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.”

Florida House Bill 435, introduced by Freshman Representative Wyman Duggan seeks to protect timeshare members from unfair and deceptive sales practices perpetrated by timeshare exit companies.

The timeshare industry lobbyists and developers lump legitimate law firms and lawyers in with lawyers employing questionable business practices, with a goal to prevent members from seeking any legal counsel if they feel they experienced unfair and deceptive timeshare sales practices.

Timeshare Accountability Group™ maintains a member need not retain a law firm or an exit company. Our Supporters answer questions about regulatory filings as the process can be daunting. However, some members do not have the time or temperament to withstand our process, which we admit is arduous.

In Manifesto Part I the author compared third party exit companies to Ponzi Schemes. This prompted a response from Timeshare Exit Team:  

“For the past seven years, as Timeshare Exit Team has grown from a local, Seattle-based company to a national brand, we have remained focused on honesty, integrity, and transparency. We exit burdened timeshare owners legitimately by facilitating transfers, voluntary deed-backs to resorts, or using attorneys to litigate against timeshare developers when necessary, and offer a 100% money-back guarantee. To date, we have successfully exited 16,000 timeshare owners. Our goal is not just to provide a valid exit for owners who find themselves with no realistic solution to get out of their timeshare, but also to transform the industry. For that reason, we are proud to be a founding member of The Coalition to Reform Timeshare. In solidarity with our Coalition partners, we are pushing for a Consumer’s Bill of Rights for timeshare owners–and would-be owners–that seeks to create a 24-hour cooling-off period prior to signing a timeshare contract, to  lengthen rescission periods to 14 days, to force full disclosure in timeshare presentations, and to give timeshare owners booking rights over the general public. Our passion is to be able to serve every single one of our clients AND to support those who wish to keep their timeshare, but just want a level playing field with the developers.”

Given Timeshare Accountability Group™ recommends not paying anyone to get out of a timeshare, we find ourselves an unlikely ally with Timeshare Exit Team as we are also a founding member of The Coalition to Reform Timeshare.

There are many timeshare exit scams, but there are also many scam timeshare sales agents. Inside Timeshare has heard from 705 families reporting allegations our ten Wyndham former employees say they were forced to employ or be “starved out” of their jobs.

In the Wyndham lawsuit, plaintiffs were employed by Wyndham’s Florida Clearwater Beach Resort which opened in 2017. Plaintiffs include eight former sales agents, a business operations coordinator and a community marketing agent. Plaintiffs say they were enticed by a supposed once-in-a-lifetime opportunity to be part of the opening sales team where they were promised yearly profits in excess of $500,000.

The allegations described in this December 2018 class action read like a broken record to Charles Thomas and me. We hear on a daily basis, identical complaints from timeshare buyers from a variety of timeshare companies. Many were existing members who trusted the company, buying more points in order to be eligible for programs that did not exist, like the ability to sell back points to the company. Timeshares have virtually no secondary market.

We also have received many complaints from timeshare buyers who said they did not realize a credit card had been opened or charged. They report being told to “fill this out so we can determine if you are eligible” when in actuality a credit card was opened and charged. Electronic signing doesn’t help as initials are stored and then, tap, tap, tapped to completion.

According to the Wyndham December 2018 complaint, allegations (edited for brevity) in violation of Florida statutes, include:  

18. Plaintiffs allege supervisors regularly instructed them to intentionally confuse and mislead buyers or “wear them down” so they would buy property.

19. Supervisors instructed Plaintiffs to misrepresent the price of the timeshare through the use of point charts, specifically Wyndham’s “Clearwater Beach Resort Points Chart” fraudulently showing buyers the “RCI Points Chart” which depicts substantially cheaper points – in many cases less than half the actual cost.

20. Supervisors instructed Plaintiffs to fraudulently advise buyers that the timeshare was an investment.

21. Supervisors instructed Plaintiffs to fraudulently advise buyers that the property was not a timeshare.

22. Supervisors instructed Plaintiffs to fraudulently misrepresent to buyers the effect of completing a credit application. Plaintiffs were instructed to advise buyers that the credit application would only be a “soft hit” or that it was not a credit application at all.

23. Supervisors instructed Plaintiffs to fraudulently alter the buyers’ income level on their credit application, if needed, for them to be approved for credit financing.

24. Supervisors instructed Plaintiffs to fraudulently advise buyers that Wyndham would buy back their property if they were not satisfied with it.

25. Supervisors intentionally preyed upon the elderly in the use of unethical and illegal sales tactics.

26. Out-of-state residents not eligible to purchase Clearwater Beach Resort properties directed plaintiffs to fraudulently advise such buyers to purchase “Club Wyndham Access” that would give them access to other Wyndham properties, and that they could transfer their interest to Clearwater Beach Resort, even providing a form letter explaining this, knowing it was not true.                                                   

27. Potential buyers were told the property was not a timeshare, but a “vacation ownership.”

28. Supervisors routinely overstated availability due to Wyndham renting out rooms, reducing availability.

29. Supervisors directed Plaintiffs to fraudulently advise timeshare owners on their refinancing options advising existing owners that they could keep making the same monthly payments and pay off their loan by the same time, when in actuality repayment terms were simply extended.

30. Supervisors instructed Plaintiffs to do “whatever they have to do” to close deals, even if it was unlawful or unethical.

The suit also alleges unlicensed real estate agents engaged in the unlicensed practice of real estate by selling properties to buyers.  

Plaintiffs say they complained numerous times to supervisors, Human Resources, and eventually to corporate attorneys and investigators. Plaintiffs stated at least one supervisor stated he would “starve out” Plaintiffs that objected and/or complained if they did not do what he told them to do, or would fire them. Plaintiffs were constructively terminated. According to the complaint, one supervisor advised Plaintiffs to “forget everything (they) just learned” as they would never make a sale that way.

According to attorney Tom Roebig of Florin Roebig trial attorneys, representing the Plaintiffs,

“All too often corporations think that an employee who reports wrongdoing is trying to start trouble, when they’re really just trying to protect the company and other innocent victims. Unfortunately, as we can see here, all too often the employee is punished for doing the right thing.”    

Allegations from the Trish Williams lawsuit:

In the Trish Williams lawsuit, the elderly were also targeted. Allegations in the Trish Williams lawsuit include:   

1.     The effect or even existence of a credit card application;

2.     That current owners could increase their points at no cost;

3.     That Wyndham would buy back points or property in certain circumstances;

4.     That monthly payments would be reduced when they were simply being extended;

5.     That current owners were making smaller payments than they were, in an effort to persuade them to purchase more points;

Michael Brown, President and CEO of Wyndham Destinations made this statement about unscrupulous timeshare exit companies’ sales practices:

“We are committed to protecting our owners to ensure they aren’t taken advantage of.”

Having heard from 705 timeshare families, 98 active duty service members or veterans, alleging unfair and deceptive timeshare sales practices, we contend both sides of the timeshare sales and exits are problematic.

Arizona has proposed a bill (linked above) to safeguard timeshare buyers against practices alleged in the Wyndham lawsuit, numerous Attorneys General investigations, Better Business Bureau complaints, and other lawsuits. We will be reporting on this bill in an upcoming article.  

Thank you to the bravery and courage it takes for employees and former employees to “Hold the Powerful Accountable” and as I can personally attest – it’s not easy!  I look to Whistleblowers of America (WoA) for support because you can’t do it alone. WoA is a nonprofit that seeks justice for veterans, active duty service personnel and government workers. A veteran introduced me to WoA.

https://whistleblowersofamerica.org/h

Self-help groups we feel are not industry influenced:

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

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

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

https://tug2.com/Home.aspx

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

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

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

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

Contact Inside Timeshare if you have a positive or negative timeshare experience to share. We know there are honest agents who refuse to buy into the “pitching of heat” which means telling consumers anything they can think of to get a potential buyer to sign on the electronic line. They too are harmed by the actions of sales agents with questionable business practices.

Thank you Irene and to all other contributors this week, with your help we are able to give others a glimpse of what is happening in the world of timeshare.

Please use our contact page if you have any comment or questions on any of the subjects covered on Inside Timeshare.

Have a great weekend.


Friday’s Letter from America

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

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

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

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

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

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

     

Now for this week’s replacement article.

The Peasant of Venice and the Queen of Versailles Revisited

    Jackie Siegel, Queen of Versailles  

By Irene Parker

December 14, 2018

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

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

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

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

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

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

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

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

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

Our Nightmare on Timeshare Street begins:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

https://tug2.com/Home.aspx

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

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

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

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

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

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

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

Friday’s Letter from America

Welcome to this weeks Letter from America by Irene Parker, it is appropriate that today on this special occasion in the US we publish our Veterans “Nightmare on Timeshare Street”. You may also be familiar with some of the names, as we have published their stories in the past.

 

Pearl Harbor Day, December 7

Never Forget

By Irene Parker

Yesterday America mourned the loss of 41st President George H. W. Bush. We pause today to remember Pearl Harbor and all veterans and active duty service members.

Tom E. (Tommy) Unger was my best friend and fellow Rotarian when I lived in Hawaii. The picture above is from his book, Max Schlemmer, Hawaii’s King of Laysan Island. I can think of no better way to honor my friend than to promote his book about his grandfather, a whaler and later a superintendent of a guano mining operation on Laysan Island, one of the Northwest Hawaiian Islands about 800 miles from Honolulu. I wrote Never Forget and then remembered Tommy’s book. I dug it out of the bookshelf and read his inscription, “To Irene and Don – who gave me a midnight ride to the hospital. Dear friends I shall never forget. Aloha, Tom E. Unger. This happened after a couple martinis did not sit well with Tommy’s heart medication. It felt like Tommy answered me.

Tommy grew up across the street from Roosevelt High School, becoming one of Roosevelt’s star football players. Following in his footsteps, grandson Max Unger plays NFL starting center for the New Orleans Saints.

From Tommy’s book cover, “Tom saw action during the Pearl Harbor attack as a civilian rescue worker. He received a Purple Heart and a Combat Commission during three Italian campaigns.” Visitors to Pearl Harbor were greeted by Tommy as they settled in to watch the film describing that day. He gave lectures and acted as a guide at the Visitor Center at the Arizona Memorial until his passing. Credit for photo: Donald J Johnson

Inside Timeshare has heard from 86 veterans and active duty service members who have described astonishing accounts of unfair and deceptive timeshare sales practices. Several of the veterans are disabled. Below I list five Agent Orange veterans, including Leo Gomez who passed away at age 72 in November, battling pancreatic cancer and his timeshare contract. I think of Leo often given the number of times I talked to him the last month of his life about his timeshare. The company responded that I am a “self-styled” so-called, third party (not an attorney) “advocate” with “clients” who purports to assist members in exiting their contract. I am a human being with a conscience, who is incapable of hanging up the phone when a distraught fellow human being contacts me in distress. It’s called having a soul.  

Listed below are five Agent Orange exposed veterans who have contacted me, describing extraordinary accounts of deception, perpetrated by timeshare sales agents. Timeshare company representatives will call their accounts allegations. I don’t. Based on a volume and a pattern of complaints, I believe war heroes over repeat offender timeshare sales agents. This volume and pattern of complainants together I believe establishes and overcomes the “you have no proof” denials offered by the companies purporting to care about their customers, and some regulators, together allowing deception to continue unchecked with “You have no proof” auto-denials.    

I want to also thank Whistleblowers of America for supporting our efforts. They included our timeshare report at the Joint Committee on Veterans Affairs March 14, 2018.

https://whistleblowersofamerica.org/

Please remember WoA this Holiday season.

  Speak Truth to Power

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™ 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.

Our five Vietnam Agent Orange exposed veterans:

   

Mr. David Althage is the 5th Agent Orange exposed veteran harmed by timeshare. We are currently reaching out to the company hoping they will help Mr. Althage.

My name is David Althage and I am a veteran of the Marines. I served from 1964 to 1968 and ended up as a Corporal E4. I spent most of 1965 and 1966 in Vietnam and my specialty was machine gunner which I did on the ground and also as the door gunner on helicopters. I was wounded twice and I have also suffered from the cancerous effects of Agent Orange on my skin. All of that seems a lifetime away as my wife and I have been settled for many years in Missouri. These days I repair mobile homes for work, and I keep going at this even though I am now 73. I do not have retirement or a pension. I only have social security.

#2 George Yamada, 70% disabled, bought timeshare points as an investment – George is a pension administrator

https://www.opednews.com/articles/Let-s-Honor-our-Veterans–by-Irene-Parker-Fraud-180908-59.html

#3 100% Agent Orange disabled, Purple Heart, shot in Vietnam, company resolved the timeshare dispute.

#4 Danny Wolfer, up-sold by a timeshare sales agent we have received 20 complaints against. Mr. Wolfer is 100% disabled, issued a $170,000 IRS 1099 due to timeshare foreclosure. Danny’s son contacted us about the 1099 after his dad had been foreclosed. We helped him resolve the IRS liability.

#5 Leo Gomez, earned two Purple Hearts, with one month to live, battled pancreatic cancer and his timeshare – Sadly Leo passed away November 9, 2018.

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

Thank you to all service members, especially those who have sacrificed their life and health, to protect even those who seek to do them harm.

Leo Gomez

If you have a timeshare story, positive or negative to share, contact Inside Timeshare. We know there are many honest sales agents who have sold timeshares to many who use and enjoy their timeshare. We are not disputing that. One former sales agent and executive is Wayne C. Robinson, author of Everything About Timeshares, Before, During and After the Sale. Wayne is himself a Navy veteran, a former Navy journalist, and now a champion for those who feel they have been harmed by unfair and deceptive timeshare sales practices that Wayne witnessed during his timeshare career. Please consider Wayne’s book on your stocking stuffer list. It’s the perfect size!

  

https://mailchi.mp/c17d6bca8662/here-is-a-christmas-gift-you-were-not-expecting

Timeshare self-help groups we feel are not industry influenced:

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

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

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

https://tug2.com/Home.aspx

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

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

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

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

If you have any comments or would like to share your “Nightmare on Timeshare Street”, please use our contact page, Inside Timeshare would love to hear from you.

Have a great weekend and join us again next week.

The Tuesday Slot

In this weeks Tuesday Slot, Irene Parker writes about the Veterans who have reached out for help with their “Nightmare on Timeshare Street”. It is also to remember all those who served, Sunday in the US was Veterans day, in the UK it was Remembrance Sunday, there were also services and gatherings all over Europe to remember the 100th anniversary of the end to the Great War. One thing was common, to remember those who gave their lives in the service of their country.

Veterans Day 2018 – A Tribute to Those Who Served and

To those veterans we have gotten to know through timeshare

By Irene Parker

November 13, 2018

My father was a Navy veteran, but I did not grow up hearing about war stories. It wasn’t until Inside Timeshare started hearing from veterans and active duty military service members and law enforcement reaching out to us, that I heard war stories of heroism that left me in awe.

That’s not my father pictured above. It is the actor Glen Ford. My dad served in the Navy with Glen Ford. Dad always said he had the best job in the Navy. He was a cook for the nurses until his medical discharge for ulcers. He enlisted at age 36, called to the cause. Many Thanksgiving dinners were ruined because of too much salt in the dressing and when he cooked chili or shrimp, it was always enough for a barracks. He once told me he was in the monkey cage at the San Diego Zoo. “You mean at the monkey cage,” I asked? “No, I was IN the monkey cage. They turned the monkey cage into an infirmary.”  

I started hearing about accounts of heroism when veterans who purchased timeshares started asking for help. Army veteran Leo Gomez contacted me. He was worried about an outstanding timeshare loan. After listening to Mr. Gomez, I said I did not hear any deception so he would in all likelihood be responsible for the loan. That night something bothered me. I called Leo the next morning and asked WHY he changed from one program to another. His reply was more than enough assurance to convince me that he had been lied to, especially since he did not KNOW he had been lied to. I asked if the sales agent knew he had pancreatic cancer, likely a result of Agent Orange exposure. He said yes because he was tired from the aftereffects of treatment. The company did resolve his issue, but with hours left to live, Leo’s wife called distraught, saying the credit card company was calling demanding to talk to him, demanding the $4,000 down payment. Leo passed away November 2, 2018.

Leo earned two Purple Hearts.

      

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

From Marine veteran Raymond Mori

Mr. Mori’s daughter Teresa also contacted me distraught. Despite being timeshare members for years, they were sold a trial program. As the bills mounted, Teresa delved into their contracts.  She called the timeshare company and asked that the trial program be cancelled. Teresa said the timeshare customer service agent said they would have to talk to her dad. She said they “fixed” it by selling them 17,000 additional points for $49,492.

Mrs. Mori called me one day. What she described as Mr. Mori’s symptoms sounded like the symptoms experienced from a type of blast syndrome that causes brain changes that contribute to flashbacks and symptoms associated with PTSD. Mrs. Mori had explained that for years Mr. Mori woke up with horrific memories. He had spent over five months in a diabetic coma.

Teresa decided to attend a sales presentation at their resort to see what would happen. She said the sales agent attempted to sell her mom and dad $234,000 in additional timeshare points at age 83, while Mr. Mori was dozing off in his wheelchair, possibly a side effect from prescribed drugs.

Mr. Mori earned two Purple Hearts

60 Minutes aired a segment on how explosions can affect the brain. Veteran Mancini later committed suicide.

https://www.cbsnews.com/news/brian-mancini-brain-how-ieds-may-be-physically-causing-ptsd/

Raymond Mori in uniform Raymond and Lillian Mori

  

George Yamada, disabled from Agent Orange, paid US Consumer Attorneys $6,000 to get out of his timeshare contract. We helped him for free. George works as a pension administrator. He bought points he said were sold as an investment. After I suggested George file a complaint with the Securities and Exchange Commission, his loan was terminated.

https://www.opednews.com/articles/Let-s-Honor-our-Veterans–by-Irene-Parker-Fraud-180908-59.html

These are only three of our veteran complaints. Of the 81 military and law enforcement timeshare members that have reached out to us, 55 are veterans. Of the 55 veteran complaints, 22 resolved their dispute, but not without losing money.

Several of our veterans were scammed by a timeshare exit company. We helped one 100% disabled Agent Orange exposed Army veteran, who was up-sold by a sales agent we have 17 complaints against, resolve his IRS issue. He was issued a $170,000 1099 tax liability form, but we were able to provide him with the information he needed to get this reversed. The timeshare exit company in Branson was of no help.    

I listen to members and type the member’s account as we talk, as they explain what went wrong with their timeshare. We have a list of contacts their complaints can be sent to.

Some states will investigate based on a volume of complaints, but other states seem to walk lock step with the timeshare developer and reply to all complaints filed with, “You have no proof.” In those states, timeshare sales agents can say anything, based on responses from 514 timeshare members.

Of course, there are honest timeshare sales agents. They too are harmed by the actions of predators.

When someone is helped by our efforts we suggest a donation to Whistleblowers of America. They included our report on unfair and deceptive timeshare sales practices in their report to the Joint Committee on Veterans Affairs presented March 14, 2018. Whistleblowers of America seeks justice for the military and government workers.

https://whistleblowersofamerica.org/

Veteran stories are humbling. Several developers have worked WITH us instead of against us, but they are companies that will listen to the merit of a complaint rather than auto-dismiss with “You signed a contract” or “We are not responsible for what our sales agents say.”    

Veterans Day was Sunday, but there is never a day we should not remember our veterans.

NEVER FORGET

Related articles: The St. Louis Better Business Bureau Timeshare 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

Thank you Irene for this account, it is horrific that people who have given their all should be treated in this way, just to satisfy the greed of some sales agents with the complicity of their employers.

The timeshare industry needs to change, it is they and they alone who are destroying what should be an industry that promotes happiness, fun and family memories, especially for those who have served.

If you have any comments on this or any other article published, Inside Timeshare would love to hear from you, just use our contact page and get in touch.

At the going down of the sun and in the morning we shall remember them.

Friday’s Letter from America

Welcome to another Friday’s Letter from America, this week Irene Parker looks at Whistleblowers of America and their report to the Veterans Affairs Committee. As we have reported in previous articles, we have received many complaints from veterans who have had very bad experiences with timeshare sales agents. These practices are unexceptable and need to be stopped, but that can only come from the top of the timeshare companies, if they have the will to do it!

Now for some news from the Spanish courts, more legal history has been made at the Supreme Court in Madrid, Silverpoint has had another 2 judgements made against them, bringing the total of rulings from Spain’s Highest Court to to 126!

The tally this week is:

2 Supreme Court against Silverpoint;

3 more Court of First Instance against Anfi del Mar;

3 Provisional executions of sentence against Anfi del Mar, (this has secured over 93,000€ for clients with Anfi depositing the funds at the court of San Bartelomé de Tirajana);

2 High Court victories against Diamond Resorts International.

In the Diamond sentences, the clients have been awarded their full purchase price plus double deposit for a total of 19,504€ and 30,000€ respectively. These and the contracts for the clients above have all been declared null and void.

In total the 7 sentences amount to over 370,000€ another expensive week for the timeshare industry in Spain. All these cases have been brought on behalf of clients from all over Europe by none other than those intrepid lawyers at Canarian Legal Alliance.

As we near the end of July, we only have one more week where the courts are working, August is the annual close down, so we will see no new cases being heard until September.

Now on with our Letter from America.

Whistleblower Retaliation against Government Workers, Employees, Timeshare Members and Timeshare Sales Agents

62 out of 500 timeshare complaints we have received are from veteran and active duty members of the military and law enforcement

A Whistleblower Summit in Washington D.C. July 30 – 31

http://whistleblowersummit.com/

By Irene Parker

July 20, 2018

There are several federal and state laws in place to protect government and corporate employee whistleblowers from retaliation, but whistleblowing is never easy and can take a personal toll. A whistleblower friend of mine suggested I attend the Whistleblower Summit linked above, because of threats and accusations our advocates, Charles and I have received over the past two years. I have heard the following false statements made about Inside Timeshare and our advocates through the timeshare grapevine:

  • That our articles are based on false information. Many articles are submitted by our readers, which I edit, or the content provided by our readers.
  • Our advocates are compensated financially for assisting members,
  • Our advocates are practicing law,
  • Our advocates are compensated for soliciting business for lawyers,
  • We’re targeting certain timeshare sales agents (we call repeat offenders)

Articles written by timeshare members describing their timeshare experiences are revealing and important. One of the Whistleblower Summit presentations I am looking forward to attending is titled,

Unleashing the Power of – YOUR – Story

Moderated by Gloria Minott, Public Affairs Director WPFW

“Story is what defines us and set us apart. It’s what allows us to connect with each other. Story is powerful. Story is grossly misunderstood. A good story has conflict, but ultimately resolved. A story is messy and full of confusion, but there is meaning and completeness to it. Stories have natural momentum to them, fueling our passion to find out more from the teller. Stories are laden with bait and intrigue, with suspense and tension. Stories are provocative.” Jeff Goins

Whistleblowers of America is a nonprofit organization assisting whistleblowers who have suffered retaliation after having identified harm to individuals or the public. Founder Jackie Garrick will moderate a panel discussion at the upcoming Whistleblower Summit that will address resilience after retaliation

“My numbers are going up with new reports every day,” says Jackie Garrick, founder of Whistleblowers of America (WoA). Garrick created WoA earlier this year after discovering firsthand how difficult the process of reporting wrongdoing can be, and the personal toll it can take on the people blowing the whistle. By offering up the help and insight of former government insiders and whistleblowers like herself, Garrick is hoping to not only encourage more people to come forward, but also to simply support them once they do so.

http://www.foxnews.com/us/2018/04/10/va-whistleblowers-under-threat-seek-help-from-outside.html

So far the only information available on timeshare whistleblowers concerns a lawsuit in which a jury awarded former Wyndham timeshare sales agent Trish Williams $20 million.  

She is also a rarity: a whistle-blower who has succeeded in bringing to light abuses at a powerful corporation that wanted to keep them hidden.

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

Despite several relatively recent Attorneys General investigations and settlements, lawsuits galore, and a flood of internet complaints, the timeshare industry continues to place blame on their customers and on advocacy groups. In other words, the industry believes Inside Timeshare either invented 500 timeshare complaints or that the 500 members would be happy timeshare members had they not read Inside Timeshare articles or joined one of several members sponsored advocacy Facebooks and websites. Almost all of the 500 members are highly educated, professional, high credit score citizens. At least they had a high credit score until they were sold or upsold into timeshare insolvency.

It doesn’t matter how many millions love their timeshare. What matters is that the majority of the 500 families have alleged they were fraudulently sold a timeshare product. All but a handful received an automatic “You signed a contract” dismissal from the timeshare company.

Whistleblower advice for corporations and agencies from Findlaw.com:

How (Corporations) can Avoid Whistleblower Claims

Here are a few steps that you (a corporation) can take to reduce the risk that your company will be subject to such a lawsuit. In parenthesis are my observations as they apply to timeshare:

  • Don’t retaliate — Try to remember not to treat employees (timeshare members) that have complained about your company any differently than those who have not.
  • Have a complaint policy in place and be sure to use it — It is a good idea to have a complaint policy in place, even if it is not required by law. Train and educate your employees in using the system. Once you have your complaint policy in place be sure to abide by it. (According to member reports, the timeshare complaint policy has been to provide the complaining member with their initials on fine print and dismiss them with, “You signed a contract” or “We’re not responsible for what our sales agents say.”)
  • Investigate all credible complaints — If you receive an internal complaint about alleged wrongdoing, be sure to investigate it, so long as it is credible. If you find that the complaint was truthful, take the steps needed to remedy the situation.(The timeshare member has often reported that they were told they were wrong and the timeshare sales agent judged truthful)
  • Be careful in disciplining whistleblowers for other misconduct — If you have a whistleblower in your company that needs to be disciplined for other conduct you must be very careful. Get evidence to support your claim that you are disciplining for reasons other than the whistleblowing and make sure the employee knows the reason he or she is being disciplined.

 

https://smallbusiness.findlaw.com/employment-law-and-human-resources/whistleblower-retaliation-could-land-you-in-trouble.html

Following the above advice would eliminate the need for timeshare advocacy groups and whistleblowers.

United in Speaking Truth to Power

www.whistleblowersofamerica.org @whistleP2P

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

Jackie presented testimony to the House and Senate Committees on Veterans Affairs March 14, 2018. She included Timeshare Advocacy Group’s veteran timeshare fraud report in her statement. Several of the 62 veteran timeshare members we have assisted struggle with disabilities and PTSD as described in the report. Jackie believes that retaliation can cause PTSD.     

  • The veteran population has very complex needs due to unique exposures/injury during military complicated by having two plus significant medical problems in one patient.
  • Veterans experience Traumatic Brain Injury (TBI) and Post Traumatic Brain Disorder (PTSD). According to the CDC, about 40,000 Americans die by suicide each year making it the 10th   leading cause of death. (Several of the veterans we have helped struggle with PTSD and TBI, one is a decorated Marine, and another a Marine who earned two Purple Hearts.)
  • Agent Orange exposure – For example, eye cancers are a continuous issue. (Two of our disabled veteran timeshare members are disabled from Agent Orange exposure)
  • Gulf War Illness – Illness haunts Gulf War veterans. (One of the timeshare members served in the Gulf War and is on 25 meds)
  • Camp LeJeune: Due to water contamination at the Marine Corps Base, Camp LeJeune, increased reports of cancer in veterans and their families have been documented over the last several decades related to the solvents in water.
  • Burn Pit Exposure: Those who served in Afghanistan and Iraq since 9/11 were exposed to a concoction of burning substances on military installations that has caused them to raise health concerns from cancers to respiratory and gastrointestinal disorders. (One of the members we assisted was diagnosed with blood cancer having lived next to a burn pit in Basra)

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

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.

Jacqueline Garrick is a former Army social work officer who has worked in the Departments of Veterans Affairs and Defense as well as for the House Veterans Affairs Committee.  She is a subject matter expert in mental health and program evaluation. She is an advocate for disabled veterans and the use of peer support to improve resilience in traumatized populations.  She founded Whistleblowers of America in 2017 based on her experience reporting attempted fraud with DoD Suicide prevention funds.

We thank Jackie and Whistleblowers for their support. It is our hope that through public awareness and knowledge, the consumer will be better able to make an informed decision as to whether a timeshare, especially one financed at 17%, is a good idea for the family.

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

That’s it for this week, Friday is upon us and the weekend beckons, on Monday we will be publishing the court cases against Diamond and how Spanish law is protecting consumers, we will be comparing this with what is happening across the Great Lake with our US cousins.

Inside Timeshare would like to thank all contributors to these articles and also to those who supply the evidence and information on the “fake” companies that are trying to rip you off. It is your valuable information which goes to help and save others from these unscrupulous charlatans.

Remember to check, check and check again, doing your homework will save you your hard earned cash. If you are unsure how to check, then use our contact page, we will be happy to point you in the right direction.

Have a great weekend and join us again next week at Inside Timeshare.

The Tuesday Slot with Irene

Welcome to the Tuesday Slot with Irene, today we welcome yet another new contributor Mike Yelton, edited as always by our very own Irene Parker. This article will also be of interest to our readers in Europe, as many have been victims of similar tactics, so we are asking our readers, both members and hopefully developers, to weigh in on the discussion questions posted throughout Mr. Yelton’s article.  

The deception that prompts the presentation, as happened to Mike and Joyce Yelton,  is often the reason why the ultimate end is the timeshare exit company when the developer will not address these issues.  

If the developer would clean up the sales process, the back end of the timeshare exit problem would go away, or at least be reduced. Until the developer owns up to their being a part of the problem, the angry and desperate timeshare owner is here to stay..

Is Freewheeling Credit Card Lending Here Again!?

The Over Reliance on Credit Card Lending

Our Stormy Point Village, Summerwinds Experience

By Mike Yelton, Army and Air Force Vietnam Veteran

May 22, 2018  

Introduction by Irene Parker

Was this Elder Fraud?  

Was this Credit Card Fraud?

Was this an Unfair and Deceptive trade practice?

Was Summerwinds resolution to the Yelton’s offer fair?

Inside Timeshare has been receiving an increase in complaints about timeshare credit cards opened onsite and credit card charges made without authorization. This is exactly what the Consumer Financial Protection Bureau worked so hard to put a halt to when Wells Fargo agents opened credit card accounts without the cardholder’s knowledge. Undeterred, Wells Fargo moved on to a $1 billion penalty announced April 20, 2018. This penalty was levied due in part to interest rate-lock promises. Mike and Joyce Yelton’s timeshare upgrade experience is somewhat similar, although they were promised a rate lowering.   

Another Wells Fargo Settlement

WASHINGTON, D.C. — Today the Bureau of Consumer Financial Protection (Bureau) announced a settlement with Wells Fargo Bank, N.A. in a coordinated action with the Office of the Comptroller of the Currency (OCC). As described in the consent order, the Bureau found that Wells Fargo violated the Consumer Financial Protection Act (CFPA) in the way it administered a mandatory insurance program related to its auto loans. The Bureau also found that Wells Fargo violated the CFPA in how it charged certain borrowers for mortgage interest rate-lock extensions. Under the terms of the consent orders, Wells Fargo will remediate harmed consumers and undertake certain activities related to its risk management and compliance management. The Bureau assessed a $1 billion penalty against the bank and credited the $500 million penalty collected by the OCC toward the satisfaction of its fine.

https://www.consumerfinance.gov/about-us/newsroom/bureau-consumer-financial-protection-announces-settlement-wells-fargo-auto-loan-administration-and-mortgage-practices/

Here’s what happened to Mr. and Mrs. Yelton. I have interspersed discussion questions hoping our readers will offer their input in our comment section. We encourage responses from the industry in addition to reader responses. We hope meaningful dialogue will help bridge the gap between the angry timeshare member and the timeshare provider.         

By Mike Yelton

My wife Joyce and I, both 79 years of age, bought a Stormy Point Village timeshare in Branson, Missouri in 2015 and upgraded in 2016. We enjoyed our stays there and had no major complaints until December 2017 when we attended what they said was a ‘mandatory update meeting’. We were told that if we did not attend we would lose our benefits. At that meeting we feel we were deceived and lied to. We may be older, but we are not stupid.

Discussion Question 1

Do you think it is fair for a timeshare member, who has made a prior purchase of a deeded week, be required to attend an update, threatened with the risk of losing their benefits if they did not attend? The Yelton’s would not have become angry owners had they not attended the meeting and we would not be writing this article.    

At this mandatory update, the salespeople presented what they described as a “change in need” or an exchange in benefits. We were led to believe it was not an upgrade. They said they could lower the interest on our loan if we opened a new lower interest rate credit card.

Discussion Question 2 & 3

Do you think this was more an attempt to open credit card accounts and sell an upgrade, rather than actually addressing the customer’s needs?

Was the “change in need” enough of a reason to tell the Yelton’s they would lose their benefits if they did not attend?

Due to our health we cannot travel far from home. We don’t live far from Branson. We were told if we wanted to limit our use to just Branson, two weeks could be broken down into four parts. We signed the papers, but later we found out we had purchased an upgrade which we did not want or could afford.

We felt we had become a victim of the unauthorized opening of credit card accounts and unauthorized charges made. We were not aware the cards had been opened or that an amount had been charged. We didn’t know the cards had been opened until not one, but two Bank of America credit cards showed up in the mail! We had agreed to one card being opened because they said it would be at a lower interest. It was never mentioned the card was being opened for the purpose of buying an upgrade. The cards have been canceled as Bank of America agreed they were opened without our knowledge.

Discussion Question 4

Was it deceptive to tell the Yelton’s the card was being opened to lower their interest rate if charges were made to make a purchase? What could have been done so that the Yelton’s would have been aware the card was being charged to purchase a timeshare product? From members young and old, we are hearing about credit cards opened and charged, and even loans taken out when the member was not aware. It seems the first thing a sales agent does is to run the card to determine the credit limit and then back into the maximum point purchase.  

To our utter dismay we learned that the sales agent charged $7,000 on a card opened in my name and $4,000 on a card opened in Joyce’s name! The salesperson told us we could charge up to $11,000 on the card but he NEVER said he was actually charging that amount of money or that he was opening two cards. He just charged it without even asking! We both were there. He told us we would get a check in the mail, which we should sign and send in, in an envelope that would be included with the check. We have no idea what the check was about, but no check ever arrived.

Discussion Question 5

Should the sales agent have explained to the Yelton’s why they would receive a check in the mail? This question was asked to encourage timeshare buyers to challenge vague statements like this. For example, Inside Timeshare has received many complaints from members purchasing additional points because they say they were told “You can pay your maintenance fees by charging purchases on the new credit card.” The problem is – the consumer typically does not ask the next question: What is the actual value? If 1% is credited, a family would have to charge $100,000 in one year to pay a $1,000 maintenance fee bill.    

We expected Summerwind to cancel the deceptive upgrade. We sent a letter of complaint to Summerwinds which they ignored. We then filed a complaint with the BBB which did get a response. Summerwinds asked us to take down the complaint so we could discuss the issue without a third party. They offered us a cancellation on the upgrade but not a full cancellation of our timeshare, which would have required the prior outstanding loan be cancelled.   

Discussion Question 6

Do you think the offer Summerwinds proposed was fair?

We will allow the cancellation of the last upgrade.

The debt prior to this purchase is still your responsibility.

We will start the first year of use for 2019 on the new contract. We will give you one free week in a 2 bedroom unit for use in 2018.

We will refund the amounts placed on the cards and any payments made to the lender since the time of your upgrade.

They never apologized for opening the second card or charging the credit cards without our knowledge. We had some good times at Summerwinds, but because of this experience, we have lost all faith in Summerwinds. We dread checking in.

Discussion Question 7

Should Summerwinds have apologized for the mistakes? Lawyers will be quick to respond….but not so fast. Hug your Haters author Jay Baer, obtained this answer from attorney and litigator Michael Laskey of Davis and Gilbert law firm in New York City.    

“In some corners of the business universe, anyone interacting with customers is prohibited from saying (or typing) an apology, because it is believed – by particularly Draconian attorneys – that it could weaken the company’s position in a legal proceeding.” “In the world of Charles Dickens, ‘If that’s the law, then the law is an ass,’”

Mr. Laskey emphasized that of course companies should be careful about what they say, but the answer is not to ever say “I’m sorry.” p 125

http://insidetimeshare.com/?s=hug+your+haters

So there you have it. Mr. Yelton has produced lots of food for thought. This is the YouTube Mr. and Mrs. Yelton produced. https://youtu.be/a1XCF479oa8

We hope you will express your thoughts on our comment section.

Summerwinds Resorts Services, LLC has a BBB rating of F

https://www.bbb.org/stlouis/business-reviews/timeshare-companies/summerwinds-resort-services-llc-in-branson-mo-29040/reviews-and-complaints

Inside Timeshare has received complaints from all branches of the military as well as law enforcement. We have reached out to Whistleblowers of America, a nonprofit that seeks justice for veterans, Active Duty military and government workers. We encourage those who have been assisted by our efforts to make a donation to this worthy organization. https://whistleblowersofamerica.org/

I have never served my country, but I am honored to serve those who have by providing the means to let their voices be heard. Thank you to Mike for joining Inside Timeshare as a contributor and for your service to our country.

Additional self-help groups that can aid in your due diligence:

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

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

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

https://tug2.com/Home.aspx

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

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

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

In Europe we have not yet seen this use of credit cards, but we are familiar with finance being arranged by the sales staff, the main provider of theses loan agreements is Barclays Partner Finance. We have many readers who have informed us that they told the sales staff they could not afford the timeshare as they were only on pensions.

Yet after many hours of high pressure sales tactics they eventually agreed to finance being provided, the unfortunate thing is the usual due diligence checks such as income versus outgoings reports have never been done. Eventually this has ended in severe financial hardship.

It has also been the case that many of these loans have been brokered by unauthorised and unlicensed staff and companies. Yet the banking industry still allows these agreements to take place, putting yet more people in financial crisis.

If you have any comments or questions on this or any article published, Inside Timeshare would love to hear from you.

 

Friday’s Letter from America

Welcome to this weeks Letter from America, in this article which replaces the one scheduled, which we pulled once again at the last minute due to a very good response from the timeshare company, Irene Parker explains how US timeshare owners can file a complaint.

In Europe, Spain leads the way in protecting consumers of timeshare, we do understand that in the US, each state is responsible for their own laws, there seem to be no federal laws which govern the sale of timeshare. Europe has tried to unify how timeshare is sold, the unfortunate thing is that in many states the industry (with their large corporate law firms) have held sway.

Spain, which was one of the main areas where timeshare resorts were being developed, has suffered from the bad press associated with the industry. People being hijacked on the street while on holiday, bundled into taxis to endure hours of hard sell by unscrupulous sales agents. Although the blame must be on the sales and marketing companies,who paid only on results, commission only. Many start out okay, but the pressure to produce is enormous and an agent can be forced out by being given poor quality “ups” if they don’t produce.

The European Union developed a series of timeshare directives which each member state had to enact into domestic law, many have watered them down, Spain on the other hand decided that they needed to be strengthened and enacted Law 42/98.

This law came into force in January 1999, since then it has been strengthened by Law 4/12 along with the many Supreme Court rulings.

This now gives consumers more protection, no deposits within a 14 day cooling off period, no contract longer than 50 years, no points or floating weeks systems, with many other safeguards.

There are other laws which protect the consumer which are being used in the many cases coming before the courts, these include the civil consumer laws, mercantile law and by no means least, criminal law.

The way consumers are enticed to attend presentations has also been looked into, OPC’s are now regulated and licensed, unlike before. Infringements of the regulations can result in very severe penalties.

Timeshare in Europe has a very bad reputation because of the past, the original concept cannot be faulted, it is the greed around the sales that is to blame. We know this to be true due to the closing of many sales decks, with many of the sales agents now working for the “bogus” law firms and claims companies that are springing up on an almost daily basis.

Inside Timeshare is doing what it can to warn consumers of these companies, but as soon as we identify one there is another to replace it. Litigious Abogados is a great case in point, changing names every few months but the “scam” is the same.

It is only through the help of our readers that many of them are identified, as owners / members working together we will be able to protect the timeshare community.Now for this weeks Letter from America.

How to File a Timeshare Complaint (May 2018 revision)

Start with the Attorneys General Office

Timeshare Advocacy Group™

May 18, 2018

By Irene Parker

I have learned over the years that when one’s mind is made up, this diminishes fear; knowing what must be done does away with fear. Rosa Parks

Inside Timeshare received 425 US timeshare complaints as of May 16, 2018 (238 was the number of complaints reported as of our last revision 12/15/17). An escalation in the criminal nature of member allegations, especially those voiced by 45 active duty and retired military and law enforcement, led us to the FBI (9 members of the military/law enforcement reported allegations of timeshare fraud as of 12/15). Some fear they could lose their Security Clearances due to a foreclosure on their record. Active duty military feel this is a threat to our national security as just about anyone can get hired to sell timeshare points.

Members need to be especially vigilant about “Get you out of your timeshare” firms because many are scams. Timeshare Advocacy Group™ (TAG) has a scam research team formed by members who have themselves been scammed. Contact Inside Timeshare or one of the self-help groups listed below if you are contacted by someone you don’t know offering to help you get out of a timeshare.

This US Department of Justice timeshare scam report details the extent of the problem. Based on 425 complaints, our advocates feel the front of the timeshare sale contains a comparable level of criminal activity.  

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

Timeshare developers created the criminal cottage industry of transfer and exit scams by overreliance on the oral representation clause, iron clad developer based contracts, the lack of an adequate secondary market, and ingrained deception run amuck, according to reported complaints. The vast majority of our readers are highly professional, educated citizens with credit scores around 800 who have rarely been late paying a bill. Identical complaints, directed against the same sales agent, sometimes in cooperation with a manager or vice president, can establish a pattern of complaints.

It is one thing to say I am a sinner, but let someone else say that about me and then I feel it – I am up in arms. If I am falsely accused I may suffer, whereas if correction be found on even a small reality – something in me having deserved it – then often that hurts more. We must be happy that our faults are known as they are. Mother Teresa

With no way out if the timeshare company refuses to even acknowledge the deception, hiring a lawyer or foreclosure were the only options until real consumer advocates formed Timeshare Advocacy Group™ – bridging the gap between the developer and the member harmed. At times it felt like turning the Titanic, but closing gaps on social issues never comes easy and some causes take longer than a lifetime. Rosa Parks refused to sit at the back of the bus at great peril to her safety, but Rosa reached a decision that enough was enough and action was needed. It was a small action, but one that led to great changes. Educator and activist Parker Palmer explains: https://www.youtube.com/watch?v=fK0dXNK94BM

Almost all members have reported their timeshare company responded to their allegations of deceit with, “Sorry, you signed a contract” or “We are not responsible for what our sales agents say.” This knee jerk dismissal is backed up by some Attorneys General, via their timeshare divisions, responding the same. Unscrupulous timeshare sales agents realize this of course, so the hamster wheel of recycled inventory never ceases beginning with “It’s not a sales presentation.” If there is still truth in advertising, change needs to begin there.   

According to the FBI and to lawyers consulted, it is not legal to hide behind fine print, but it takes volumes of complaints to raise a regulator’s eyebrow. The Federal Trade Commission released its summary report of 2017 complaints listing travel, vacation, and timeshare as one of the most costly frauds at $1,710, although complaints we have received from members range from $25,000 to $400,000 or more. We wish members were only losing $1,710.   

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

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

According to the FBI,

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

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

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

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

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

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

The two most common complaints reported:

  • The agent said I could easily sell my points
  • They said I could pay maintenance fees by charging purchases to a credit card, neglecting to add only about 1% of each purchase is credited to maintenance fees. Some fell for bogus maintenance fee relief programs. Already struggling, they buy more points.

How Advocacy Works

Timeshare Advocacy Group™ is organized into seven teams:

  1. Team 1 is our Reporting Team. Once the timeshare member has related their concern or grievance, the member submits their written complaint to the timeshare company. If ignored or the member receives a negative response, the complaint is forward to one of six advocates assigned to a specific regulatory or law enforcement agency. For example, Sheilah Brust is our go to person for the FBI and the Secret Service. http://insidetimeshare.com/tuesday-slot-irene-4/
  2. Team 2 is our Legislative Team. Members on this team reach out to sympathetic lawmakers to advocate for better disclosure. It would be nice to know that the timeshare you just bought for $100,000 had little or no secondary market the moment you signed the contract. TAG has received an alarming number of complaints from seniors 75 to 85 who have signed timeshare contracts for $100,000 or more. Not one of the 425 members reaching out to Inside Timeshare realized their timeshare in all likelihood could not be sold, even when costing as much as a house.
  3. Team 3 is our Military Team. We encourage anyone who has resolved their timeshare complaint as a result of our efforts to make a donation to Whistleblowers of America. WOA is a non-profit that seeks justice for active duty and veteran members of the military and government workers. WOA has supported our efforts by helping to distribute our articles. Our timeshare fraud report was presented as part of a Joint Committee on Veterans Affairs March 14, 2018.  https://whistleblowersofamerica.org/
  4.  Team 4 is our foreclosure support group. Facing cruel and relentless debt collection calls can be an overwhelming experience for anyone who has rarely been late on a bill, but for those who have recently lost a spouse the experience is devastating. Some members of this team have been through this and are determined to stay involved to fight Elder Fraud especially.
  5. Team 5 is our Scam Research team. This team consists of members who themselves have been scammed. There is a very dark side to this illegal industry. We are careful in our approach.
  6. Team 6 is our Media Team. Given state regulators backing up the timeshare company by responding, “You should not have relied on verbal representation” or “You have no proof” the Court of Public Opinion and Outcry is the only court open in some states.
  7. Team 7 is our Technology team.  We have a support staff of volunteers to assist those without access to a computer due to age, illness or disability. This team also provides YouTube production support.

Contact Inside Timeshare or email Irene Parker at [email protected] or call 270-303-7572 EST if you are interested in becoming a volunteer. Feel free to call any day of the week from 1:00 to 5:00 PM EST. It’s best to schedule a call. All calls and emails are returned within 24/48 hours.

Now it’s time to begin filling out the form. Before you begin, raise your right hand.

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

Our advocates are not attorneys and we do not provide legal advice. We have researched regulatory agencies and are here to direct consumers to the appropriate regulatory and law enforcement agencies listed below. We have also developed media relationships and will continue to work with broadcast and print media to alert the general public as to what questions to ask before buying a timeshare. Life events can change your life in an instant or a day. If your timeshare provides no secondary market, it can make a member feel a hostage to their vacation plan. It’s a good idea to contact a member of the Licensed Timeshare Resale Broker Association to find out whether your timeshare has a secondary market. http://www.licensedtimeshareresalebrokers.org/

How to File a Timeshare Complaint

Name (s) and age of member

Phone Number

State of Residence

Member Number

For each contract in dispute:

Where Purchased and Date of Purchase

Number of Points Purchased

Sales Agent and Sales Agent ID# (if available)

Purchase Price

Amount Financed and Interest Rate

Current Loan Balance

Loan Number

Current Maintenance Fees

Name of Credit Card if one was used

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

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

If your investment is $40,000 or less and you owned and used your timeshare for ten years or more consider relinquishment. There can be no loan outstanding and maintenance fees need to be current.

Complaints expressing dissatisfaction with general availability will go unheeded as will a request based on not being able to afford the timeshare. You can’t go to your home mortgage lender and say you can’t afford it. The difference is you can sell your home. Your complaint should be filed with the FBI only if there are credible and serious allegations of deceit and bait and switch. If you feel you were deceived, list the reasons why.   

MOST IMPORTANT – Purchase Timeline

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

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

Depending on the seriousness of your complaint, your advocate may forward your complaint to the firm’s public relations office or firm and to ARDA, the timeshare industries PAC, for violating ARDA’s Code of Ethics. ARDA’s Code of Ethics can be found on ARDA’s website.

We do not recommend owners make the voluntary opt in or opt out ARDA ROC contribution on your maintenance fee invoice. It is the opinion of our advocates that although ARDA lobbies for the industry and for timeshare members, when the issue at stake is one that is at odds with members, members lose because they have no voice. We also forward your complaint to the Association of Vacation Owners. AVO has been tracking our complaints for research purposes. http://insidetimeshare.com/the-tuesday-slot-with-irene-3/

Mark your email to the resort urgent if you are in financial distress. It is best to file a complaint before the debt collectors are hounding. The member will report back to us if the issue is resolved. Due to the required non-disclosure or mutual release form, terms and conditions will not be discussed.

The FBI complaint website is called IC3.gov which stands for Internet Crime. This is a bit confusing. IC is the name of the portal. That doesn’t mean it has to be an internet crime. We think they should have a white collar crime option to avoid this confusion. Click IC3 as your choice when filing. https://www.ic3.gov/default.aspx

Serious allegations of fraud should be reported orally by calling the FBI field office’s public access line available 24/7 (see Sheilah’s article). Sometimes your local field office will pay closer attention than say Las Vegas, where losing money is a tourist attraction. You can find your nearest field office from this website.

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

The next step is to file a complaint first with the Attorneys General of the state where you signed your contract and where you live. It can take a month or more to hear back from an AG but once your complaint has been accepted, debt collectors are not allowed to call. You can find any Attorney General by searching the state name and Attorney General.

If there was an unauthorized credit card charge or account opened or you feel you were deceived into signing off on a loan, you should file with the Consumer Financial Protection Bureau under the mortgage option (even if no mortgage) and select the bank that financed your loan or issued a credit card. This is the organization that helped Wells Fargo victims. The CFPB lost power after the roll back of the Dodd Frank act March 2018. The Dodd Frank act was enacted after the abuses caused by subprime lending. The CFPB is still considered a regulator. https://www.consumerfinance.gov/

You should file a complaint with the state Real Estate Division in the state where the agent is licensed if your complaint is against a sales agent. Your advocate can help you find the agent’s ID number. Timeshare sales agents are real estate licensed in most states.

File a complaint with the Better Business Bureau. The company’s BBB rating can be misleading in that the BBB only rates how efficiently a company responds to complaints. Sometimes the BBB allows you to log in and file a rebuttal.  

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

Summary of Regulatory and Law Enforcement Agencies

  • The FBI at IC3.gov portal if you feel you were deceived by a bait and switch. For allegations of a serious nature also contact an FBI field office to file an oral tip. Have your facts and figures ready.
  • Attorneys General where you signed your contract. Most AG complaints can be filed online.
  • The Real Estate Division of the state where the agent is licensed if your complaint is against the agent.  
  • The media – the court of public opinion is often the only court available. Inside Timeshare, published in Spain, publishes timeshare articles online focusing primarily on the need for reform and oversight.
  • The Consumer Financial Protection Bureau under the mortgage option selecting the bank involved. Timeshare has dodged this regulatory bullet because most members don’t even know the identity of the lender as the timeshare company often services the loan. Timeshare companies are not an option from the CFPB’s drop-down menu.
  • The Federal Trade Commission
  • The Better Business Bureau
  • Lawmakers – The problem is the timeshare buyer typically does not buy in their state of residence which is why lawmakers don’t seem to take timeshare seriously. Still, any effort to contact lawmakers is encouraged.

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

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

Who We Are and Why We Do This

Timeshare members contacting us are often struggling with maintenance fees and high interest rate loans. Venting on complaint sites has no effect whatsoever but an organized campaign to track complaints and report criminal activity has already born fruit in the form of Attorneys General settlements and a greater awareness.

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

I worked three years as a CASA supervisor, writing and editing court reports for Family Court on behalf of foster children. I find two commonalities between children of abuse, neglect or dependency and deceptive timeshare sales.

  1. The abnormal becomes the normal. After receiving 425 complaints, I fear deception is endorsed and encouraged by some timeshare companies. Of course not all sales agents are dishonest. Inside Timeshare endorses Disney Vacation Club because of their scarcity of complaints.
  2. Victims are silenced and isolated via non-disclosure agreements and arbitration. Buyers should opt out of arbitration immediately after signing a contract.   

There are many who use and enjoy their timeshare. My husband and I owned three timeshares for 25 years with no problems or complaints. After we attended a pathetically aggressive sales presentation in 2015, I began researching the industry, writing articles and assisting timeshare victims. My solo effort has grown to a network of 44 Advocates. We are not compensated. We are volunteers. We hope there will come a day our advocacy group is not needed.

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

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

http://tug2.net/

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

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

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

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

May 18, 2018 Irene Parker Timeshare Advocacy GroupTM

 

That’s it for this week, the weekend once again beckons so join us again next week for more news and information on the world of timeshare.

Latest news just in from the Court of First Instance Number 3 Abona Tenerife.

The judge in a case against Diamond Resorts Tenerife Sales SL, has declared the clients contract null and void. The infringments are the points system which has been made illegal, the contract in perpetuity, when the law stipulates that it should be for a maximum of 50 years and the taking of deposits within the cooling of period, which is also illegal even by a third party.

The client will now receive a total of £44,790 which includes double the deposit illegally taken, the court also awarded legal interest.

The laws in Spain have been put into place and strengthened by the Supreme Court to protect consumers, they are having a profound affect on the industry, which for too long believed it was untouchable.

Friday’s Letter from America

This week Friday’s Letter from America tells the story of army veterans Gad & Noreen Liebmann, it begins with an open letter to the Diamond Resorts CEO Michael Flaskey, then goes on to explain their experience. They are currently holding a protest outside Diamonds Daytona Beach Resort, the article was edited by Inside Timeshares Irene Parker.

First we have a quick look at Europe.

Yesterday Canarian Legal Alliance published in their news section a case study of a recent trial, nothing unusual there, except this had a rather different twist. This particular trial was dealt with at the pre-trial stage rather than the full trial, the venue was the Court of First Instance No 1 in Maspalomas, the lawyer representing the clients was Judith Diaz Pascual of CLA.

Judith Diaz Pascual (ICALP No 4480)

The pre-trial is a formality where the defending party may argue why the case should not be accepted, it is also a point where the judge will ask if there is a possibility of a settlement out of court. Usually the judge will then decree that a full trial date be set, with the defendants demanding the appearance of the clients.

As there was no agreement that day Anfi, the defendants, asked for a full trial to take place with the clients in attendance, CLA lawyers argued that this was not necessary as the case and infringements of the timeshare laws was based on documentation, so there was no need for a trial or for the clients give testimony. The judge agreed, he stated that he would issue a resolution after the preliminary hearing, three days later the judgement was issued.

The judge concluded that due to the infringements which included, floating weeks and the taking of deposits within the cooling off period, the contract was declared null and void. Anfi were also ordered to repay over 49,000€ which included double the deposit paid, the court also awarded legal interest.

Apparently this is now becoming more common, it is not the first case to be dealt with at the preliminary stage, it will only be a matter of time before more judges decide that this is the best course. After all the cases are based on the contracts and documents, if the timeshare company has sold floating weeks or points, the contract is longer than 50 years and any payment taken within the cooling off period, these are breaches of the law, so why prolong the issue with a full trial?

https://www.canarianlegalalliance.com/case-study-anfi-speedy-resolution-no-need-trial/

Now for our Letter from America.

Gad and Noreen Liebmann, Army Veterans

An Open Letter to Diamond Resorts CEO Michael Flaskey

April 20, 2018

We are one of 29 Diamond Platinum Member Families Up-sold alleging we were defrauded

A Diamond Daytona sales agent’s response to Gad and Noreen:

While picketing yesterday one of the salesman came down to talk to us. He brought some water and wanted to “thank us” for picketing. He claimed that our presence increased their sales. He also told us that we could have more effect by working as greeters at Walmart and using the money earned to help pay our dues.

Inside Timeshare has received 375 Diamond Resorts complaints from our readers, Diamond members alleging they were sold or up-sold by fraud. Families are devastated. Platinum member #29 contacted us April 16, 2018, a disabled Vietnam veteran, age 71. He says they were told by a Florida Mystic Dunes sales agent if they purchased additional points it would take care of maintenance fees. Now they too are forced to foreclose or walk away from their points. We hope AARP takes note.

A Diamond Vice President’s response to Joshua Parker:

“We are not responsible for what our sales agents say”4/5/18

The Diamond CLARITY TM Promise:

Accountability, Transparency and RESPECT for the customer

A Quote from CEO Michael Flaskey:

Clarity seeks to build on Diamond’s already impressive standing with its members. Almost 70% of the company’s sales are to existing members seeking to increase their Diamond resorts vacation memberships,” said Mr. Flaskey.

Mr. Flaskey, We are one of 29 Platinum member families alleging we were upsold by fraud. We have been Diamond members for 20 years, but we made the mistake of believing Brad Leslie at Daytona Beach Regency. So did Sheilah and Thomas Brust. We did not know about Diamond’s official policy, “We’re not responsible for what our sales agents say.” What kind of accountability, transparency and RESPECT for your customer is that? There are over 1,200 members on our Diamond Resorts Owners Advocacy Facebook, many alleging fraud.

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

Gad and Noreen Liebmann protesting outside Daytona Regency – Sheilah and Thomas wish they were here but Sheilah is too busy with tax season.   

Sheilah’s article on how to file FBI complaints:

http://insidetimeshare.com/tuesday-slot-irene-14/

Josh Parker is an Iraqi veteran. Josh says he was told his points are an investment and would be easy to sell. Now, expecting twins, a high risk pregnancy, they have learned the truth, so will in all likelihood have to suffer through 180 days of endless collections calls. Josh is 90% disabled, a combat veteran. Josh’s YouTube:

https://www.youtube.com/watch?v=ezkJ7GlJN4U&feature=youtu.be

Our Diamond Experience

By Gad and Noreen Liebmann

My wife Noreen and I have been protesting outside Daytona Regency for the last month. We are Platinum Diamond members. We own 96,000 Diamond points only because we bought an additional 25,000 points to take advantage of a program that did not exist. We are not confused. Sheilah and Thomas Brust are not confused. Sheilah has an accounting background. Sheilah Brust does not get numbers confused.

We had purchased eight Diamond contracts over 20 years and had been happy Diamond members until Daytona sales agent Brad Leslie sold us 25,000 points November 22, 2017, we allege by fraud.  Brad told us that if we purchased 25,000 additional points for $70,000 we would get additional benefits. He showed us how using these benefits, we might not have to pay more maintenance fees if we used the same amount of vacation time. What Brad Leslie neglected to tell us was that we were already eligible for these benefits. He knew this. The calculations shown to us were false. Sheilah has a copy of Brad’s “Pencil Pitch” promising her double points. He also claimed that we could recover the cost of the additional points after 10 years. This was also false. Brad made it sound like these were new benefits that could only be obtained by purchasing additional points. Brad said that we would be even on the $70,000 within ten years if we only booked through Value Getaways. When we returned home we learned booking vacations using Valued Getaway and Point Saver were already available to us.

We appealed to the local DRI marketing VP. He was unsympathetic. A call to Michael Flaskey, CEO, who leaves his card at every front desk, got a response from a lady who offered to allow us to give back some of the points we purchased in the past, lowering the dues but not eliminating the latest purchase.  In other words, give back points we already paid for, requiring us to pay the company $70,000 after being sold points we didn’t need because of a convoluted scam. We may be older, but we’re not stupid.

We feel we meet the FBI definition of white-collar crime, “deceit, concealment, violation of trust, bait and switch”, in addition to Elder Abuse.

Many Diamond members feel there is no timeshare enforcement in Florida. The Arizona Attorney General opened an investigation after receiving hundreds of Diamond complaints, just in Arizona, accusing DRI of violating the Arizona Consumer Fraud Act. They did not turn Diamond members away because Diamond is not responsible for what Diamond sales agents say.”

Veteran Teresa Laird is planning to protest outside DRI Polo Towers. DRI sales agents tried to sell her dad, at age 83, in a wheelchair dozing off, a recipient of two Purple Hearts, $234,000 in additional DRI timeshare points.

http://insidetimeshare.com/fridays-letter-america-42/

There is little to no regulatory enforcement because the Attorneys General in Nevada and Florida dismiss complaints, also falling back on the oral representation clause, or in Nevada at the Nevada Real Estate Division, “You have no proof”, so there is nothing to stop timeshare fraud.

From the Florida Attorney General’s Timeshare Division DBPR

Timeshare developers are required to provide full and meaningful disclosures to purchasers in the documents they are required to deliver to them including the public offering statement, sales contract, and all supplemental documents at the point of sale.  A document called “Acknowledgment of Representations” or “Purchaser’s Understanding” or a similar document provides the disclosures which each purchaser initials and signs at the time of purchase and it contains all the relevant information about the timeshare product.  A developer heavily relies on these documents to refute any claims by a purchaser regarding the alleged misrepresentations.  Therefore, in light of these written documents, it is very difficult to prove the allegations raised in the complaint.  

We are veterans in our late 70’s and two of 40 active duty or veteran military and law enforcement timeshare members alleging we have been defrauded by timeshare sales agents. Several are in danger of losing their Security Clearance.

Whistleblowers of America, an organization headquartered in Washington DC, seeks justice for Active Duty military, veterans, and government workers. If families are made whole, we encourage a contribution to Whistleblowers.  https://whistleblowersofamerica.org/

LICENSED timeshare resale brokers will not even accept a Diamond listing feeling it would be a waste of their time and your money, due to restrictions Diamond places on the use of secondary points LTRBA members feel are too restrictive. Sheilah and Josh contacted Florida LTRBA members. None would accept a Diamond listing. Scammers have no problem taking your upfront money.

http://www.licensedtimeshareresalebrokers.org/

The Florida Timeshare Division, DBPR, and Diamond’s Transition department send members on a wild goose chase to contact a real estate broker, but legitimate brokers won’t accept a Diamond listing, because they are honest.

A Diamond member talked to a Diamond Transition’s specialist:

I tried last night to speak with someone in Financial Services with no luck.  I tried again today as well but the phone just rings and rings. I did speak with Tiffany Davis in Transitions and she said our maintenance fees would have to be paid in order to do the Transitions program.   She then said that I didn’t have to do Transitions – if I wanted to gain anything from my Timeshare that I should speak to a real estate agent to get it sold.   I said I was unaware this could even be done. Tiffany said “Oh, absolutely, if you don’t want to just relinquish it, you can sell it”.

From the Arizona Attorney General’s Assurance of Discontinuance:

IV Assurances

“Diamond shall enhance its programs, policies and training and continue to instruct and train its Vacation Counselors and Sales Managers to comply with the ACFA (Arizona Consumer Fraud Act). Diamond shall advise all Vacation Counselors and Sales Managers that they may not:

  1. Sales agents should not deviate from sales material
  2. Sales agents should not make oral representations at the point of sale inconsistent with the Purchase document.

https://www.azag.gov/press-release/attorney-general-brnovich-announces-800000-settlement-diamond-resorts

Section 5 of the FTC Code states: “Unfair and deceptive business practices are unlawful.”

http://blogs.findlaw.com/injured/2013/01/fraud-vs-lying-whats-the-legal-difference.html

A fraud is an intentionally false representation made with the intent to mislead the listener, and that the listener relied on “to her detriment.”

The first part means that fraud must involve an intentional lie. If you truly believe you’re telling the truth and end up being wrong, that doesn’t qualify.

That doesn’t excuse willful denial or ignorance of the truth. If you should have known the truth or could easily have discovered it before telling the lie, it could still be a problem.

The second part is about the liar’s intention. A lie that you don’t mean anyone to take seriously, such as a joke or hyperbole, wouldn’t constitute fraud.

When it comes to proving intent for fraud, courts often look at what the liar could gain if someone believes the lie. If the liar benefits from someone believing and acting on the lie, that tends to show intent.

The legal analysis will also rely on context. A lie while you’re trying to sell your house is more likely to result in a lawsuit than a lie told over drinks at a bar. Those are obvious examples, but there are many situations in between where the line isn’t so easy to see.

The third element is whether the lie actually caused harm.

If the listener believed the lie, acted as if it were true, and suffered some kind of injury because of that belief, then there may be some liability for fraud.

Injury can mean actual physical harm or financial loss. In general, emotional “pain” isn’t enough to build a case for fraud.

While fraud could potentially apply anywhere, it’s most commonly brought up in the area of contracts when one party lies about an important part of the agreement.

In general, anything other than a white lie (like how nice your spouse looks) should be avoided. Remember, a lie runs the risk of becoming fraud if you expect the listener to act on the lie. Keeping it honest isn’t just a good personal policy; it’s a sound legal strategy too.

For timeshare buyers, the customer is always wrong because they signed a contract. And no one cares. Inside Timeshare has heard from 131 Diamond members alleging fraud since January 1. The company does not respond to requests for comment.

Thank you Gad and Noreen, you have the support and thoughts of many timeshare owners not just in the US but also from across the great lake in Europe and beyond, also thanks to Irene once again for taking the time to edit these articles.

If you have any questions, comments or need to find information on any company mentioned here or that has contacted you then use our contacts page and we will point you in the right direction. Remember doing your homework saves you money!

Well the weekend is once again upon us and Inside Timeshare hopes that you have an enjoyable and relaxing weekend.

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