Another Hilton Head Island timeshare company has come under fire.
Two North Carolina residents filed a federal class-action lawsuit Friday against Spinnaker Resorts.
Showing posts with label class action lawsuit. Show all posts
Showing posts with label class action lawsuit. Show all posts
Marriott timeshare sales are racketeering scheme, new lawsuit says
Marriott Vacation Club's timeshare sales are actually an
illegal "racketeering" scheme, a new proposed class-action lawsuit says.
The lawsuit takes aim at Marriott's points program, which replaced traditional sales of timeshare weeks at specific resorts in 2010. According to the suit, Marriott timeshare customers pay fees associated with owning real estate — such as closing costs and recording fees — but don't actually own any real estate.
The lawsuit takes aim at Marriott's points program, which replaced traditional sales of timeshare weeks at specific resorts in 2010. According to the suit, Marriott timeshare customers pay fees associated with owning real estate — such as closing costs and recording fees — but don't actually own any real estate.
Be Part of the 15%
Timeshares and Travel Clubs know they are going to have to refund 15% of owners. Its the cost of doing business. Sounds like a large group unless you think about the fact that 85% of owners will continue to pay for the timeshare. And they will spend thousands to sell it, which works into thousands of dollars down the drain.
Not everyone who wants out can get out, but if you were the victim of misrepresentation, you can force them to let you out and refund your money.
Email timesharetricks@gmail.com now and find out if you qualify.
Not everyone who wants out can get out, but if you were the victim of misrepresentation, you can force them to let you out and refund your money.
Email timesharetricks@gmail.com now and find out if you qualify.
Class-action lawsuit threatens Spinnaker Resorts on Hilton Head
Another Hilton Head Island timeshare company has come under fire.
Two North Carolina residents filed a federal class-action lawsuit Friday against Spinnaker Resorts.
The lawsuit alleges the company broke the law by not registering with the state to sell timeshares at Bluewater by Spinnaker -- its resort on Squire Pope Road -- until September 2014. Before that time, the company "knowingly sold unregistered timeshares to the general public," the suit says.
The company has not responded to the lawsuit. Attempts Tuesday to reach representatives from Spinnaker were unsuccessful.
Legal experts say the case could devastate the company since state law allows timeshare owners who bought from an unregistered company to cancel contracts, according to the lawsuit and the S.C. Timeshare Act.
"If owners can reverse most of the sales before that time, I'm sure this company would be seeking Chapter 11 relief," said Mike Finn, a Largo, Fla., attorney whose firm specializes in timeshare law.
It was not known Tuesday how many owners bought timeshares before Spinnaker registered Bluewater. The company started building the 86-unit complex on the banks of Skull Creek in 2005.
It registered Bluewater on Sept. 2, 2014, according to a copy of the registration included in the lawsuit. Spinnaker also runs Waterside, Southwind, Egret Point and Carolina Club on Hilton Head, as well as resorts in Florida and Missouri.
The lawsuit was filed by Mark and Paula Fullbright, who bought a $26,000 timeshare at Bluewater in June 2014, according to court records.
After buying, the Fullbrights found out the company was not registered to sell Bluewater timeshares.
"My clients filed a federal lawsuit ... To void the timeshare contract and obtain a full refund of all monies paid under the contract," Joseph DuBois, a Hilton Head attorney representing the couple, said in a statement. The lawsuit asks that other owners who bought before September 2014 have the option to receive the same refund.
Two North Carolina residents filed a federal class-action lawsuit Friday against Spinnaker Resorts.
The lawsuit alleges the company broke the law by not registering with the state to sell timeshares at Bluewater by Spinnaker -- its resort on Squire Pope Road -- until September 2014. Before that time, the company "knowingly sold unregistered timeshares to the general public," the suit says.
The company has not responded to the lawsuit. Attempts Tuesday to reach representatives from Spinnaker were unsuccessful.
Legal experts say the case could devastate the company since state law allows timeshare owners who bought from an unregistered company to cancel contracts, according to the lawsuit and the S.C. Timeshare Act.
"If owners can reverse most of the sales before that time, I'm sure this company would be seeking Chapter 11 relief," said Mike Finn, a Largo, Fla., attorney whose firm specializes in timeshare law.
It was not known Tuesday how many owners bought timeshares before Spinnaker registered Bluewater. The company started building the 86-unit complex on the banks of Skull Creek in 2005.
It registered Bluewater on Sept. 2, 2014, according to a copy of the registration included in the lawsuit. Spinnaker also runs Waterside, Southwind, Egret Point and Carolina Club on Hilton Head, as well as resorts in Florida and Missouri.
The lawsuit was filed by Mark and Paula Fullbright, who bought a $26,000 timeshare at Bluewater in June 2014, according to court records.
After buying, the Fullbrights found out the company was not registered to sell Bluewater timeshares.
"My clients filed a federal lawsuit ... To void the timeshare contract and obtain a full refund of all monies paid under the contract," Joseph DuBois, a Hilton Head attorney representing the couple, said in a statement. The lawsuit asks that other owners who bought before September 2014 have the option to receive the same refund.
HOW LONG DOES IT TAKE TO GET OUT?
Start now and you could be out by summer vacation. Email timesharetricks@gmail.com
TIMESHARE TRICKS OR AN ATTORNEY
Why should you use Timeshare Tricks over an attorney?
An attorney will charge a couple of thousand dollars to start. If they do the time consuming task of gathering research they will charge by the hour, then they will take a portion of your winnings.
Joining a class action usually gets results, takes a couple of years and the law firm is the only one who makes money.
Timeshare Tricks will charge a small amount to cover the cost of buying records, we will do the research and background checks to make certain when we ask for your release from the contract and your money back, the timeshare will know it is better to pay you off and shut you up. Then once you are out and have your money in hand Timeshare Tricks get a small commission. With Timeshare Tricks you may be out of this mess in as quick as 60 days. Plus we will send them a Dispute Notification alerting them you are disputing the purchase and you no longer authorize them to withdraw from your checking account or credit card account.
As soon as you sign up using the "Buy Now" button on the right I will send you a Dispute Notification and a Questionnaire that will help you to remember the sales presentation and what lies you were told.
Want to DIY the work yourself? Check out www.timesharetricks.blogspot.com You can order DIY Get Out ebook. There are sample letter and where to send them. You can even order the research.
An attorney will charge a couple of thousand dollars to start. If they do the time consuming task of gathering research they will charge by the hour, then they will take a portion of your winnings.
Joining a class action usually gets results, takes a couple of years and the law firm is the only one who makes money.
Timeshare Tricks will charge a small amount to cover the cost of buying records, we will do the research and background checks to make certain when we ask for your release from the contract and your money back, the timeshare will know it is better to pay you off and shut you up. Then once you are out and have your money in hand Timeshare Tricks get a small commission. With Timeshare Tricks you may be out of this mess in as quick as 60 days. Plus we will send them a Dispute Notification alerting them you are disputing the purchase and you no longer authorize them to withdraw from your checking account or credit card account.
As soon as you sign up using the "Buy Now" button on the right I will send you a Dispute Notification and a Questionnaire that will help you to remember the sales presentation and what lies you were told.
Want to DIY the work yourself? Check out www.timesharetricks.blogspot.com You can order DIY Get Out ebook. There are sample letter and where to send them. You can even order the research.
Tenn. AG sues timeshare club Festiva
Cooper
NASHVILLE, Tenn. (Legal Newsline) – Tennessee Attorney General Bob Cooper announced a lawsuit on Tuesday against multiple entities operating a timeshare and membership vacation club that allegedly used deceptive techniques to market the operation’s products.
The lawsuit against the entities operating Festiva alleges the operators used fraudulent and deceptive telemarketing and direct mail tactics to lure Tennesseans into attending high-pressure sales presentations to buy vacation memberships. Festiva allegedly misled consumers into believing they won or were selected for a valuable prize, but the company failed to disclose multiple requirements, including the lengthy sales presentation.
In December, the states of Louisiana and Maine also filed suit against Festiva.
“If you are tempted by a travel or vacation company that uses high pressure sales, it’s probably best to take your time and do your homework before you pay thousands of dollars and commit to paying maintenance fees and special assessments,” Cooper said.
Festiva also allegedly used confusing terms and conditions to make membership to the vacation club difficult to use and to sell more products, made it almost impossible to book a vacation at Festiva resorts and surprised consumers with bills for increasing maintenance fees and special assessments.
The lawsuit, which was filed under the Tennessee Consumer Protection Act and the Federal Telemarketing Act, named multiple associated businesses, affiliates and principal operators as defendants in the lawsuit.
The defendants include Escapes! Inc., Escapes Travel Choices LLC, Etourandtravel Inc., Festiva Development Group LLC, d/b/a Festiva Adventure Club, Festiva Real Estate Holdings LLC, formerly known as Festiva Resorts LLC, Festiva Resorts Adventure Club Members Association Inc., Human Capital Solutions LLC, formerly known as Festiva Resort Services LLC, Resort Travel & Xchange LLC, also known as RTX, formerly known as Festiva Travel & Xchange LLC, also known as FTX, Patton Hospitality Management LLC, formerly known as Festiva Management Group LLC, Zealandia Capital Inc., formerly known as SETI Marketing Inc., Zealandia Holding Company Inc., formerly known as Festiva Hospitality Group. Inc., Donald Clayton, Herbert Patrick and Richard Hartnett.
Wyndham time shares pitch more, sell more
The world's largest time-share developer reported an increase in sales for the second quarter, driven by a higher volume of guests going on tours to hear sales pitches.
Wyndham Worldwide Corp., the parent company of Orlando-based Wyndham Vacation Ownership, said its time-share operation had revenue of $630 million for the three months that ended June 30. That figure was up 11 percent compared with the same period a year earlier.
Partly driving the increase was Wyndham's acquisition of Shell Vacations Club, an early pioneer in the time-share business.
Wyndham said its time-share sales were up 5 percent from a year ago, driven by a 10.8 percent increase in "tour flow," or the number of people sitting through its sales pitches. But the company's marketing efforts were less effective, as the "volume per guest" — or the amount of revenue generated per tour —- decreased by 4.4 percent.
Thousands of timeshare owners face unexpected repair bill
CALGARY- Timeshare owners at the Sunchaser Villas in Fairmont B.C.
were taken by surprise when they were billed for repairs at the resort.
Glenn and Terry Graversen of Calgary have had a two-week timeshare at Sunchaser Villas for the past 16 years.
They now have to pay $4,000 for renovations to the villas or as an alternative, pay $3,000 to cancel their contract.
The vacation villas at Fairmont went bankrupt several years ago and the new owner says the assessment is necessary because maintenance had been neglected for years.
But the Graversens say this isn’t what they signed up for. The couple says they have paid maintenance fees every year and it isn’t their fault the previous owners of the resort let maintenance slide.
“My concern is that they purchased it and now they’re making us pay
for their mistake of purchasing a property that wasn’t worth what they
paid for,” says Terry Graversen.
The new company running Sunchaser says timeshare members weren’t charged enough for upkeep in the past, and without this renovation, they stand to lose their investment.
“We believe the owners probably should have been charged about $300 to $400 a year more for the last 15 years to properly address the maintenance of the resort,” says Kirk Wankel of Northwynd Resort Properties.
The company says most of the money will be be used to replace the Poly-B piping throughout the resort. The plastic piping has been banned because it leaks.
Timeshare members in Alberta and B.C. have hired lawyers to fight the case.
They will be in court next month.
Glenn and Terry Graversen of Calgary have had a two-week timeshare at Sunchaser Villas for the past 16 years.
They now have to pay $4,000 for renovations to the villas or as an alternative, pay $3,000 to cancel their contract.
The vacation villas at Fairmont went bankrupt several years ago and the new owner says the assessment is necessary because maintenance had been neglected for years.
But the Graversens say this isn’t what they signed up for. The couple says they have paid maintenance fees every year and it isn’t their fault the previous owners of the resort let maintenance slide.
The new company running Sunchaser says timeshare members weren’t charged enough for upkeep in the past, and without this renovation, they stand to lose their investment.
“We believe the owners probably should have been charged about $300 to $400 a year more for the last 15 years to properly address the maintenance of the resort,” says Kirk Wankel of Northwynd Resort Properties.
The company says most of the money will be be used to replace the Poly-B piping throughout the resort. The plastic piping has been banned because it leaks.
Timeshare members in Alberta and B.C. have hired lawyers to fight the case.
They will be in court next month.
DIY MADE EASY
With my DIY Book you can follow the easy step by step guide to build a winnable case against your timeshare or travel cub.
I also have hundreds of pages of research that includes: Complaints by owners, court records where the resorts have been sued for misrepresentation, news articles from media investigations and who's who behind the resorts and clubs.
Click here Resort and Club Research to check out what's available.
Have you hired an attorney already? This research will help him prepare your case. If your attorney put the hours required into gathering all this information it would cost you a small fortune in billable hours.
I also have hundreds of pages of research that includes: Complaints by owners, court records where the resorts have been sued for misrepresentation, news articles from media investigations and who's who behind the resorts and clubs.
Click here Resort and Club Research to check out what's available.
Have you hired an attorney already? This research will help him prepare your case. If your attorney put the hours required into gathering all this information it would cost you a small fortune in billable hours.
No Timeshare or Class Action
A lot of timeshare owners are putting together class action lawsuits against the resorts, something to be aware of is the time it will take to actually get through the lawsuit. These companies have lawyers that are paid to drag the lawsuit out as long as possible, and we are talking years, in the meantime you are still paying your monthly payments and annual dues.
I have spoken to several owners who sued their resorts and after years of court dates and having to separate the members of the class action because of different buying circumstances then refiling, in the end their attorneys will tell the members to settle on a smaller amount, then the timeshare owners will have to pay the lawyers up to 40% of the lawsuit settlement.
Some cases will need to go through the court system to find a settlement of any kind, but in the end it can be disappointing. No Timeshare cannot help everyone, but if I can then we will get you out of the contract and your money refunded without taking years or taking advantage of you by asking for a high commission.
Email us for a questionnaire, notimeshare@gmail.com
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