Timeshare Companies

Class Action Against Diamond Resorts?

Jun 21, 2017

How does it work if you have experience helping people get out of their contract? I received an email from REDWEEK when I replied to someone that I may be able to help. They emailed me a warning for SPAM. I emailed REDWEEK back, but didn't get any reply. Many people come on these forums for advice. I love Redweek, but I guess I don't understand the rules. Can you please advise? I'm not trying to advertise my services (although I would like to), but I worked for a timeshare company that I don't wish to disclose for a very long time. I know how to help people get refunds if they still owe a balance and I know how to get their name removed from deed. Basically I'm asking if we are not allowed to offer help? Are REDWEEK members not allowed to suggest a company or give a phone number?

Thanks in advance, S


Sara M.
Jun 21, 2017

saram281 wrote:
Are REDWEEK members not allowed to suggest a company or give a phone number?

These are DISCUSSION forums. What you have been overtly attempting to do with yesterday's (and now today's) onslaught of "offers to help" is ADVERTISING, complete with phone number (all of your previous posts were obviously removed). Advertising is not allowed in the discussion forums.

Btw, there are some experienced attorneys who occasionally participate in this site. Your assertion that you personally get contracts magically cancelled and even obtain refunds to boot is, at best, "considerably less than credible". I dare say it's just pure nonsense.


KC
Jun 21, 2017

Sara -

As Ken mentioned, the Forums are a place to discuss timeshare topics, ask questions and/or give advise to other timeshare owners. We will remove a post if it is promoting a business or service, contains foul language, or contains personal information not relevant to the topic or discussion.

Phyllis


RedWeek Support
RedWeek.com

Last edited by phyl21 on Jun 21, 2017 12:59 PM

Jun 21, 2017

I'm not going to sugar coat this . Saram281 is a SCAMMER looking to SCAM people out of their hard earned money . I spent over twenty five years in law enforcement putting people like this in jail. You don't even know if this person is a male or female. It's just a screen name on the internet . I can smell a SCAM a mile away and this one stinks . Go crawl back in the hole you just came out of . Anyone dumb enough to fall for this SCAM after reading this deserves to lose their hard earned money


Don P.
Jun 27, 2017

Donp196 Would you be willing to help us if you worked in law enforcement? I spoke with two FBI agents who advised me Diamond members who feel they have been victims of deceit and bait and switch to file a complaint with IC3.gov and report the agent to the state real estate board. I have been asked to compile the data from 53 out of 84 complaints (those that allege deceit and bait and switch). It would be helpful to have someone with law enforcement experience review our data. If you are willing to help please email Inside Timeshare and they will forward your email to me. Tomorrow we are publishing an article about one of 13 DRI Platinum members who allege they were sold by deceit and bait and switch. Thank you for your consideration. I have people to help compile data but none of us have a law enforcement background. I am part of this Advocacy Group. We are all volunteers. https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/


Irene P.
Jun 27, 2017

I would like nothing more than to help you out with that but unfortunately that's outside my expertise . I deal more directly with individual fraud and prevention . Expect Diamond to put their high priced legal team to work defending themselves against your suit. Their tactics will include dragging it out for years to discourage the witnesses from testifying . They might even counter with accusations against you to discourage you that may include civil suits . Remember they have unlimited funds to throw at you and unfortunately yours are limited compared to theirs .

I wish you success in your crusade and if there is anything that I can contribute I will but expect a long drawn out battle and that doesn't even include the appeals if you are successful .


Don P.
Jun 28, 2017

The BBB doesn't do anything because their a big business and we are a bucnch of people that were taken in by their lies. Class action suit is the best way to go I tried to get out of my timeshare within 30 days of purchase, but even though the deed is mailed to you apparently, which does take 45 days to process, but 7 days after their fraudulent 90 minute presentation if you signed papers and bought into their timeshare that day than 7days from that day and your stuck for life. I'm a disabled veteran on a fixed income, which I made very clear, but they sold me I believe 3,500 points, which was deceitful because they had a list of dream destinations, which of course I could go to with those points, but I would have to pay more money than I, or anyone would want to because airfare wasn't included. So, a trip to Las Vegas, which is what I was already doing once a year, but they claimed I could get a one bedroom, which is a lie unless I went once every three years. I proved that I could travel to their resort in Las Vegas for my typical four nights in their basic 350-400sq ft room for the cost of the $712 per year maintenance fees. Keep in mind that their pitch is that their resorts are better than any hotel, but I went from being content with never spending more than $300 for a four night stay at the Orleans hotel in Las Vegas, that has kids tyme (a place for my child to have fun for 1-5hrs without parents) plus bowling a move theatre and a nice pool. So between the payments for my timeshare and the maintenance fees I was paying $2,000 a year for crap, which means for what they advertised based on what they sold me I would of had to spend $6,000 before I could have anything close to what they were advertising, which means in the 10 years it would have taken me to own it I would have been able to have three vacations that were close to what they claimed, but by then the maintenance fees could've been $1200. I paid for an attorney that turned out to be out of state so that didn't get me out of the contract and due to some as usual bad luck (lost my SSD because I was the payee for my grandmother before she passed) and bad decisions on my part I lost the best house I had and when I sold it in order to not be out on the street I had to pay off my diamond resort timeshare, which I never used, or even sampled because I was tricked into going to the seminar because they claimed I would have a chance at winning $100,000. This is what should of made me realize how fraudulent they are because in order to spin the wheel, which of course could be rigged one had to draw from a fish bowl to see if they were even granted the chance to spin the wheel, which of course had other much smaller prizes. I didn't even get to spin the wheel. So I paid at least a total of $13,000 for a timeshare I never got to experience and because of the letters I wrote within a month of purchase now four years later and one year after it was paid in full I can get out of the timeshare and the $4,000 I owe in maintenance fees will be waived, but they get to take it back without any compinsation for me. I just should be thankful they will take it off my hands and wave the maintenance fees for a timeshare that was never used. It's ridiculous that the law allows a company to sell a service to someone, but when that someone realizes that the service isn't what was claimed it doesn't matter they are stuck for life having to pay until the company gets away with that person feeling so stuck and willing to do anything to just get rid of it and the company makes several thousand dollars and the person that never even used the service they paid for because it wasn't what was claimed is just out that money because they signed a fraudulent document because if a lawyer went over the paper work and was present for the seminar than only the people with higher income ($100,000+) might sign. The seminar presentation was about a $50,000 timeshare, that anyone in the $45,000 a year and up supposedly could afford.

bethc252 wrote:
There has to be a way to at least complain - may be we all need to go to the BBB (Better Business Bureau) or some other consumer oversight authority.


Cathy L.
Jun 28, 2017

Hello my name is Cathy and I definitely fit the Criteria to be added to your class action lawsuit. I did write a really long reply just before I found this, but I'm a disabled veteran with a TBI, so it's probably hard to follow.

The main point is I was definitely misled by DRI and tried to get out within the first month even through proving that for what I wanted the timeshare for of going to Las Vegas for four nights at their resort with out their timeshare would cost me what I was supposedly paying just in maintenance fees ($712).

I even hired an attorney, but because she was out of state her promise of court was a lie because she can't practice law in another state without a law license for that state.

What I don't get is since they are based in Nevada (they main Corporation) how they even legally have the right to sell in California?

juliam181 wrote:
https://topclassactions.com/lawsuit-settlements/lawsuit-news/348667-diamond-resorts-class-action-high-pressure-timeshare-sales-deceptive/

Diamond Resorts International A class action lawsuit filed against Diamond Resorts International Club Inc. claims the timeshare company made several misrepresentations when selling timeshares to California consumers.

“The terms contained within the timeshare contract are completely different from the terms offered and promised during the timeshare presentation,” the complaint asserts.

Plaintiffs Matt and Janet Finazzo state that they are residents of California who were owners of a “Monarch” timeshare.

In April of 2014, they attended a Diamond Resorts gathering labeled as an “owner’s update” meeting, but the plaintiffs say it was actually a high-pressure sales presentation for a different “Life Vacations” timeshare.

The Finazzos claim that at that sales pitch they were told: 1) this new timeshare was an investment; 2) it was tax deductible; 3) it could be sold for a profit later; 4) it could be rented to earn more income; 5) they could refinance at a lower rate with any financial institution; and 6) the sales agents would be willing to act as their personal representatives and help rent the timeshare.

The class action contends that each of those representations was false and misleading. In actuality, the Finazzos say they were pressured into trading their existing Monarch timeshare for the Life Vacations, which they claim lost them approximately $20,000.

After the sale, the Finazzos discovered that they had less time at their timeshare than Diamond Resorts promised at the meeting.

Based on all of these misrepresentations, the Finazzos allege that “hortly after being pressured into the deal, Plaintiffs expressed to Defendant a desire to cancel the contract before incurring further damages.”

According to the complaint, Diamond Resorts told the Finazzos that since they did not sign a document required by the federal Truth in Lending Act (TILA), that the sale was void and they would not incur any additional charges.

Again, the class action states that Diamond Resorts was deceptive, and the Finazzos continued to be billed almost $26,000.

The Diamond Resorts timeshare deceptive marketing class action lawsuit alleges that these “hard sell” tactics are common practice by Diamond Resorts representatives.

In addition, the complaint argues that Diamond Resorts controls or trains sales representatives to make such false statements, because Diamond Resorts profits from those timeshare sales.

The class action asserts that these misrepresentations are “untrue or misleading” statements, and are “unfair” business tactics in violation of California consumer protection laws.

The lawsuit requests certification of a Class of “[a]ll persons in California that entered into a timeshare contract with Defendant after Defendant failed to satisfy TILA requirements and/or made misrepresentations as to the nature of its timeshares.”

The class action seeks restitution for all potential Class Members, as well as injunctive relief prohibiting the Diamond Resort’s deceptive marketing tactics.

The Finazzos are represented by Todd M. Friedman and Adrian R. Bacon of the Law Offices of Todd M. Friedman, P.C.

The Diamond Resorts Timeshare Deceptive Marketing Class Action Lawsuit is Matt Daniel Finazzo, et al. v. Diamond Resorts International Club Inc., Case No. 5:16-cv-02256, in the U.S. District Court for the Central District of California.


Cathy L.
Jun 30, 2017

How can I be part of this class-action law suit? My wife and I purchased 2 years trial member ship to see if we liked it, then we had to the option too buy in if we liked it. Well as soon as we signed up we tried to access vacation with points and they were just bought out and told us that was no longer the deal, we did not get the points we were contracted to get or visit the locations we were told we were. This is went to charge off status and now we cannot buy our home we are building because the banks see it as a foreclosure.

Best,

Tony D -


Tony D.
Jul 01, 2017

Cathy1262 If you are a California resident, this is a recent class action filed: https://topclassactions.com/lawsuit-settlements/lawsuit-news/670995-class-action-diamond-resorts-pressures-buyers-timeshare-contracts/ Bear in mind that the Diamond contract has a class action ban so the class actions you read about are mainly one two member actions. Please join our Advocacy Facebook as we keep up with legal and regulatory actions. Also, DRI has been helpful. Out of 56 formal complaints files, 18 have had positive outcomes. We assist members in presenting their complaint as well as assisting members filing regulatory and law enforcement complaints when the definition of white collar crime has been met: deceit, concealment, violation of trust and bait and switch. Volunteers go beyond helpful posts - offering one on one advocacy. 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.


Irene P.
Jul 02, 2017

Would love to join in the class action against Diamond Resorts. How can I get included? I believe we too have been victims of deceit and bait and switch.

Thanks

Robert


Robert D.
Jul 02, 2017

I certainly would like to join the action to sell my time share or at least get out of the contract. I will look into the websites that you mentioned. I too am one that feels I was misled and lied to. Thanks

Robert


Robert D.
Jul 02, 2017

Please share the information with me if you get a reply. Thanks Robert


Robert D.
Jul 02, 2017

Will try CFPB as suggested above and would be willing to work with any legitimate group to get out of my time share

Robert


Robert D.
Jul 05, 2017

I'm 70 years old and was duped by a DR salesman. We owned property at Mystic Dunes, FL and had been hounded for years to sell over to Diamond who bought out Mystic Dunes. Last Sept. 2016 we were vacationing at Liki Tiki Resort. We went to a owners meeting for info. My husband and where told if we bought into Diamond our maintenance fee would drop from two thousand to one thousand dollars. I asked how this could be and the salesman told me because Diamond was a large entity and Mystic Dunes was a small group of owners.

Well my mother passed away while I was on my trip so I had to fly back for her funeral. I was gullible and did not read the contract thoroughly and totally believed what they told me. They also said Diamond was working on a buy back program in the near future. All lies.

I received a maintenance bill and Jan. 2017 for around $1000.00. I was very happy. Then one morning I was awoken to a phone call telling me I owed $2000.00 more. I was sick. I've been depressed ever since. I've talked with Diamond several times and they are literally useless. I hope something can be done.


Kathy S.
Jul 05, 2017

how do I JOIN IN ANY DEALING WITH RICK CASPER


Michael K.
Jul 07, 2017

Don196 I don't have a suit against Diamond. I am not even unhappy with our points as we find good value staying in Sedona. Below is a link to an article Inside Timeshare published today about a Bluegreen victim. The member is a detective and will be working with me advocating on behalf of those who believe they are victims of fraud - deceit, concealment, violation of trust and bait and switch. It's hard to find and keep volunteers anyway, but finding a volunteer who knows how to write a report is even more difficult. Our advocates have provided one on one volunteer assistance achieving as of yesterday $644,383 in loan cancellations and refunds. Diamond has listened when pressed and in all fairness, often responded appropriately. Out of 70 complaints, there have been 23 positive outcomes. Always an uphill battle, but at least 23 families have been made whole again. http://insidetimeshare.com/fridays-letter-america-11/


Irene P.
Jul 07, 2017

Michael819 Please call me at 270-303-7572 any day of the week from 1 to 5:00 PM EST as I set those hours aside to hear from Diamond and now Bluegreen members. I am a volunteer so this is not any form of solicitation. This cell number is specifically for this purpose and is available on public domains already. DRI has responded to three cases against Rick Casper although the company never admits wrongdoing. One or two complaints are meaningless but a volume of complaints against one sales agent provides compelling and compounding evidence, despite the oral representation clause. DRI has made three Rick Casper victims whole again. We have eleven other Rick Casper complaints pending. The fact Mr. Casper still works for DRI tells me his behavior is endorsed and encouraged top down. All the complaints are from Platinum members up-sold because at the next level members could sell points, he would help them sell points, "people will be standing in line to buy your Legacy points" and when the member attempts to contact him to do the promised sell, the email is directed to VP Dan Percy who seems to be protecting him. This is why we could use a good volunteer with a background in fraud. FBI definition of White Collar Crime Financial Institution Fraud is "deceit, concealment, violation of trust, bait and switch." Members check all of the above. I have a slew of Polo Tower and Cancun complaints at lower loyalty levels as well.


Irene P.
Aug 08, 2017

You are 100% correct, Diamond Resorts encourages its sales agents to lie. The "clarity" program is just a tool to appease the Arizona attorney general. I can't believe they are still getting away with their lousy business practices.

Rick Casper is a liar and a cheat, a con...... just the way diamond likes it.

That's why I quit.

irenep59 wrote:
Michael819 Please call me at 270-303-7572 any day of the week from 1 to 5:00 PM EST as I set those hours aside to hear from Diamond and now Bluegreen members. I am a volunteer so this is not any form of solicitation. This cell number is specifically for this purpose and is available on public domains already. DRI has responded to three cases against Rick Casper although the company never admits wrongdoing. One or two complaints are meaningless but a volume of complaints against one sales agent provides compelling and compounding evidence, despite the oral representation clause. DRI has made three Rick Casper victims whole again. We have eleven other Rick Casper complaints pending. The fact Mr. Casper still works for DRI tells me his behavior is endorsed and encouraged top down. All the complaints are from Platinum members up-sold because at the next level members could sell points, he would help them sell points, "people will be standing in line to buy your Legacy points" and when the member attempts to contact him to do the promised sell, the email is directed to VP Dan Percy who seems to be protecting him. This is why we could use a good volunteer with a background in fraud. FBI definition of White Collar Crime Financial Institution Fraud is "deceit, concealment, violation of trust, bait and switch." Members check all of the above. I have a slew of Polo Tower and Cancun complaints at lower loyalty levels as well.


Karen E.
Aug 09, 2017

I too was duped, and told it was buyers remorse when I wrote to cancel my membership within the allotted days. Went to a luncheon 90minute presentation I in Williamsburg,Va. that took until 7pm and was asked to return the next day again. I wrote many time and complained and was only told tough break we got you for life essentially, with no way out. I would gladly want to know how I can be made whole from the two people that lied to me there..Scott and Sandra she was the one that did the paperwork in the end., the closer. Please give me any information I can use to get myself off this hook. Thanks, Brenda J. Gibbs


Brenda G.

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