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Class Action Against Diamond Resorts?
My family members have a contract concern with DRI and are wondering if there is anyway to find out if there are more people that have similar concerns. We have written a letter to Diamond. We have talked to representatives that stated they would voice our concerns to appropriate individuals. We have asked for certain concessions given the misrepresentation at our meeting. We sent our email to Hospitality Services at the end of March and did not receive a response until this last week. We have sent another email to them and have not really gotten a response back other than to say they may be placing our contract into collections because we owe pass doe payments. We have stated that we will pay our contract in full if we can talk to someone about our concerns but we just get form letters in response.
Will there be another class action suit that we might be able to join? Are you a site that deals with these issues? Do you know of how we should proceed? Any help in this matter would be greatly appreciated.
Valerie S.
Hello, Do not pay your contract yet... Just wait for court ruling, should not be long... If current class action will be approved you may be able to qualify for pending class action. I will post update as soon as I will have the news ... Which state did you purchased your timeshare in? Hospitality department absolutely useless....
Julia M.
Last edited by juliam181 on May 22, 2017 10:42 PM
Please see phone number and email below...
http://albrightstoddard.com/wp-content/uploads/2017/02/2017-2-3-Diamond-Resorts-International-Timeshare-Marketing-Class-Action4.pdf
Diamond Resorts International Timeshare Marketing Class Action Did You Buy a Membership in a Diamond Resorts International Vacation Product? The attorneys at Rose Law Group pc; Albright, Stoddard, Warnick & Albright, P.C.; and The Tarics Law Firm, P.C. are investigating complaints by elderly consumers who purchased memberships (points) in timeshare/vacation products from Diamond Resorts International. We are interested in speaking with consumers who purchased memberships in Diamond Resorts’ U.S. Collection or its other collections within the last four (4) years and were at least sixty (60) years of age at the time of purchase. If you are not an employee or agent of Diamond Resorts or any of its affiliates, we would love to speak with you about our investigation and the pending lawsuit as well as any rights you may have to seek compensation or other relief because of your purchase. To speak with an attorney or learn more about the lawsuit or your rights, please click here to complete our online “Send Us a Message” form or send us an email. If you prefer to speak with a live person, feel free to call us at 480.505.3936. For more information about Rose Law Group’s Class Action Department, click here. *Submitting your contact information does not create an attorney-client relationship, but does grant permission to the attorneys at Rose Law Group pc; Albright, Stoddard, Warnick & Albright, P.C.; and the Tarics Law Firm, P.C. to contact you. Please do not share any confidential information with us in the “Send Us a Message” form. Technology can sometimes be unreliable, so feel free to call our offices if you have not received a personal response within a few business days. Rose Law Group pc; Albright, Stoddard, Warnick & Albright, P.C.; and the Tarics Law Firm, P.C. are law firms not affiliated with Diamond Resorts Holdings, LLC. Diamond Resorts® and Diamond Resorts International® are registered trademarks of Diamond Resorts Holdings, LLC. Attorney Advertising Address: 7144 E Stetson Drive, Suite 300, Scottsdale, AZ 85251➡️ Phone: 480-505-3936 Email: info@roselawgroup.com © 2016 Rose Law Group, pc. All rights reserved.
Julia M.
Last edited by juliam181 on May 23, 2017 09:35 PM
We have points in Hawaii and also Mexico. At the last meeting we were told that we could switch out of Hawaii and be exclusively in Mexico which we wanted because we prefer Mexico. We were told that we could be assessed fees having points in Hawaii but not in Mexico. We were also told that we could lower our maintenance fees (dollar-for-dollar) while in the meeting which was another reason that we purchased more points. We were also told that the sales representative would give us up to $5000.00 of of airfare for coming down to Mexico. That was not represented in the contract at all and that is part of our dispute. Unfortunately two owners signed without really looking at the contract and when we were getting ready to pay our bill it was when we first noted that some of the paper work was different than when we had our meeting. We had 4 out of the 5 owners at that meeting in February and contacted Hospitality Services with a letter in March. We have been accruing late fees and their last letter to us stated that we could be sent to collections. Should I call the lawyers? Please advise. My husband and I (2 of the 5 members) are over 60 years of age and we have purchased points in the last 4 years.
Valerie S.
valeries283 wrote:We have points in Hawaii and also Mexico. At the last meeting we were told that we could switch out of Hawaii and be exclusively in Mexico which we wanted because we prefer Mexico. We were told that we could be assessed fees having points in Hawaii but not in Mexico. We were also told that we could lower our maintenance fees (dollar-for-dollar) while in the meeting which was another reason that we purchased more points. We were also told that the sales representative would give us up to $5000.00 of of airfare for coming down to Mexico. That was not represented in the contract at all and that is part of our dispute. Unfortunately two owners signed without really looking at the contract and when we were getting ready to pay our bill it was when we first noted that some of the paper work was different than when we had our meeting. We had 4 out of the 5 owners at that meeting in February and contacted Hospitality Services with a letter in March. We have been accruing late fees and their last letter to us stated that we could be sent to collections. Should I call the lawyers? Please advise. My husband and I (2 of the 5 members) are over 60 years of age and we have purchased points in the last 4 years.
Whether to pursue legal action is of course entirely your own personal decision to make, but I respectfully submit that whatever you may have been "told" (i.e., verbal statements alone) is really of no particular legal meaning or consequence. Only what is specifically contained in writing within the four corners of your signed contract ultimately means anything at all. This fact is probably even very clearly stated in writing within the contract itself!
Lying timeshare sales weasels are the lowest form of life currently inhabiting this planet. Those deceitful weasels actually make decaying pond scum look good by comparison.
KC
Last edited by ken1193 on May 24, 2017 05:42 PM
Argument reg DRI's oral representation clause. "Doesn't the oral representation clause let the developer out of the misrepresentation? "
Fraudulent misrepresentation is not protected. That is how the Arizona AG found a case. Again, nothing in the contact is valid if the contract is not valid.
Recommendation to contact attorney.
Julia M.
I purchased a timeshare week with Gold Key, which was purchased by DRI. I never received any information other than a letter stating that nothing would change except the name of the company. Fast forward to today- we are on vacation in VA beach. DRI greeted us with this free concert night that we were invited to attend. They also offered a catered lunch and an update meeting about our timeshare. The invitation didn't indicate that the events were linked, but when we called to say we would not attend the meeting, they said the concert was dependent on attending the meeting, and that we would be there 55 minutes, tops. That should have been the big flag. Anyway, we get to the lunch today, and was greeted by this sales woman who took us to eat, and then escorted us to her office, where she promptly begins informing us that our current contract/loan was pretty much worthless, and that we would only be allowed to use the week we bought at the resort we purchased, and the maintenance fees would raise tremendously every year. We stated that we didn't know what she was talking about, and she asks us if we attended a meeting DRI held in our state to inform members of the changes. We never received any information about changes to anything, or meetings,etc. So, she leaves to go retrieve our paperwork to find out why we weren't contacted, and somehow we were missed in the whole transition process from Gold Key to DRI. Then, she offers us two "solutions": 1) use our equity to acquire points, and purchase points, which triples our payment and maintenance fees, and starts another 120 month loan, or 2) sign up for a temporary agreement, to get points and keep our deeded week, and still pay triple the loan payment and maintenance fees, only this time we would still be paying our loan and current maintenance fees, and then their loan and maintenance fees. All for the same amount of points. After almost FIVE hours, we told them we could not afford more money, period. Then we got up to leave, and she was trying to get us to sign all of the different loan options she offered, saying we denied them. We refused. She said she had to go get someone to sign us out, saying we refused the offers, but we left as soon as she walked out. She took all of the papers with her, but I did take a picture of one of the options she offered. I am not sure if there is anything that can be done to help us get out of this contract, but if there are any suggestions, they would be greatly appreciated.
Tiffany P.
Last edited by tiffanyp101 on May 26, 2017 07:51 PM
I recommend you join the Diamond Owner's Facebook (managed and administrated by DRI owners) and submit the Complaint Form. The advocacy group will submit your complaint to DRI Clarity Department for resolution : https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/
We seek to provide Diamond Resort 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. INSTRUCTIONS ON HOW TO FILE A COMPLAINT: If you are planning to have Irene Parker assist in formulating your complaint, please review the linked file below. Irene works as a volunteer seven days a week, on average six hours a day, between writing articles and editing reports. She feels she is getting great value out of her Diamond points. She loves to write and edit, and she enjoys meeting new friends. If you have already submitted testimony, don't worry about it. https://drive.google.com/fi…/d/0BzHfVJaaWOsmaU5tMnQ4a0FaRU0/
Julia M.
Last edited by juliam181 on May 27, 2017 08:12 PM
juliam181 wrote:Argument reg DRI's oral representation clause."Doesn't the oral representation clause let the developer out of the misrepresentation? "
Fraudulent misrepresentation is not protected. That is how the Arizona AG found a case. Again, nothing in the contact is valid if the contract is not valid.
Recommendation to contact attorney.
Let me see if I have this straight. Let's go through the steps:
1) A buyer buys a timeshare at a sales presentation and signs a contract based on what the sales person told the buyer. 2) What was written in the contract is different from what the sales person told the buyer. 3) The buyer signs the contract that clearly states that whatever is in the printed/written contract is binding, even if it is different from what the sales person told the buyer.
So, like so many that were purchased under such conditions, then the buyer has a legitimate case and can sue if he hires the right attorney? And what the sales person told the buyer is binding rather than what the buyer signed? Do I have that correct?
Lance C.
The fraudulent oral representation is not protected by the signed contact. AZ Attorney General charged DRI for fraud and put under state supervision using this argument. If your attorney like the AZ AG can present an argument of fraudulent misrepresentations of your singed contract the contract is not valilid. If the buyer purchased a contract due to fraudulent actions by the seller the entire transaction should be void.
Julia M.
juliam181 wrote:If your attorney like the AZ AG can present an argument of fraudulent misrepresentations of your singed contract the contract is not valilid. If the buyer purchased a contract due to fraudulent actions by the seller the entire transaction should be void.
That's the sticky point, if one can present an argument of fraudulent misrepresentation. This will come down to a matter of He said, She said. The sales person can make all sorts of claims as to what he said during the sales presentation and the buyers can do the same. It would have to be proved that the sales person said those things that were different from what is in the contract.
So the trick, again, is how can the buyer prove that there was oral misrepresentation? That is one of the main reasons why there is a written contract, in case there is a discrepancy between what the buyer thought he was buying and what he actually bought.
Lance C.
Is anyone an attorney or is this just a bunch of us "dumb" people trying to figure this out. I'm one of the dumb ones. It seems like we have no idea what we are talking about. Has any single person actually won? I think it's 2 bad sales people. I'm not a conspiracy person. Sorry. This just seems silly. Please post a photo of any proof from a real person. If not. This is a waste of time.
Thanks
Brad L.
bradfordl11 wrote:Is anyone an attorney or is this just a bunch of us "dumb" people trying to figure this out. I'm one of the dumb ones. It seems like we have no idea what we are talking about. Has any single person actually won? I think it's 2 bad sales people. I'm not a conspiracy person. Sorry. This just seems silly. Please post a photo of any proof from a real person. If not. This is a waste of time.Thanks
You are probably right, but on another note why does your avatar look like a swastika?
David K.