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Class Action Against Diamond Resorts?
I would definitely be interested, in November I bought from a salesperson named Barrett whose sales pitch was that he had a side business and was allowed by Diamond to use points that I wasn't going to use for the year to reserve and sell weeks for me. He would then transfer 90% of the money to me and I could use it to pay off the down payment and Maintenance fees each year. He even showed emails that were supposedly to other clients. So I bought, he reserved 3 weeks in my name for December of this year, all at the same place for the same week. I contacted him yesterday for an update and he replied that he never said any of that and I misunderstood him.
Steven B.
Last edited by phyl21 on Jun 04, 2019 10:29 AM
stevenb610 wrote:...in November I bought from a salesperson named Barrett whose sales pitch was that he had a side business and was allowed by Diamond to use points that I wasn't going to use for the year to reserve and sell weeks for me. He would then transfer 90% of the money to me and I could use it to pay off the down payment and Maintenance fees each year. He even showed emails that were supposedly to other clients. So I bought, he reserved 3 weeks in my name for December of this year, all at the same place for the same week. I contacted him yesterday for an update and he replied that he never said any of that and I misunderstood him.
Regardless of what may have been "said", those spoken words were just meaningless noise floating temporarily around in the air.
When it comes to contracts, if something is not plainly and overtly stated in writing within the contract, it simply does not exist at all. Deceitful timeshare sales weasels know that this is indisputably true and they routinely use that fact to their advantage in their quest for a sale and commission. Lies, exaggerations, misrepresentations, fairy tales and assorted obfuscations are all just "par for the course" with those hungry parasites (Wyndham and Westgate are, in my personal opinion, co-champions for the dubious distinction of being the worst here in the U.S.).This is exactly why the contract itself makes it crystal clear, in writing, that any and all verbal statements made have no significance and are not in any way legally binding.
You can complain all you want and / or pursue whatever action you choose, but the indisputable bottom line (and all that really matters in the final analysis) is "What does it say in the contract?"
KC
Last edited by phyl21 on Jun 04, 2019 08:54 PM
He showed me the contract and highlighted a line that talks about selling weeks, the issue was he was going to do it. I know there isn't much if anything I can do, just putting it there that if they need more examples of deceptive sales practices then I'm here to help.
Steven B.
If there is a class action lawsuit against Diamond Resorts I really need to join in I purchase my timeshare vacation from Diamond Resorts International on January 20th I was not given a chance to leave without something extra being thrown in my face we were at the hundred and twenty minute orientation for approximately seven and a half hours and every time I said I can't afford it or I'm not really that interested in extra trip or some Freeplay to Circus Circus or dinner tickets and show tickets all kinds of extra extra extra things were sent my way I would like to get out of the contract ASAP none of the representatives at Diamond Resort International are willing to let me out of the contract I was not told about rescission time period. I was giving you tablet that doesn't work because I don't have the account information to get it started I was told I would be moved from Circus Circus where I was originally to the Cancun Resort with no resort fees the day I left I was charged Resort fees for the two days I was there also the people that brought me my food when I ordered at the resort never gave me my change we were never told about increasing maintenance fees and or club fees we were told there are no blackout dates yet when I called the schedule are free trip to Hawaii I was told I had to wait at least four months when I went online to look for dates for our Caribbean cruise there were several dates that were blacked out I don't understand why they have to lie trick and deceive in order to sell these timeshares if they are so wonderful if anyone knows of a lawyer that has a class action lawsuit going please let me know ASAP
Jared K.
I would like to join thie law suit against Diamond resorts. We were promised so many things that was ALL lies. We did not find out until we tried to use them. Please let me know what I can do.
jaredk25 wrote:If there is a class action lawsuit against Diamond Resorts I really need to join in I purchase my timeshare vacation from Diamond Resorts International on January 20th I was not given a chance to leave without something extra being thrown in my face we were at the hundred and twenty minute orientation for approximately seven and a half hours and every time I said I can't afford it or I'm not really that interested in extra trip or some Freeplay to Circus Circus or dinner tickets and show tickets all kinds of extra extra extra things were sent my way I would like to get out of the contract ASAP none of the representatives at Diamond Resort International are willing to let me out of the contract I was not told about rescission time period. I was giving you tablet that doesn't work because I don't have the account information to get it started I was told I would be moved from Circus Circus where I was originally to the Cancun Resort with no resort fees the day I left I was charged Resort fees for the two days I was there also the people that brought me my food when I ordered at the resort never gave me my change we were never told about increasing maintenance fees and or club fees we were told there are no blackout dates yet when I called the schedule are free trip to Hawaii I was told I had to wait at least four months when I went online to look for dates for our Caribbean cruise there were several dates that were blacked out I don't understand why they have to lie trick and deceive in order to sell these timeshares if they are so wonderful if anyone knows of a lawyer that has a class action lawsuit going please let me know ASAP
Norene B.
tristans8 wrote:Or start the process to get Rid of my time share!
First of all, are the maintenance fees up to date and the mortgage paid off? If not, no one will want to take it from you. Some of the major timeshare companies are accepting a limited number of units back from owners if the fees and mortgage are up to date such as Wyndham, Diamond, and Westgate. Other smaller and independent resorts are doing the same so check with your resort's Homeowners' Association.
Also, you can list your unit for sale or giveaway here on RedWeek. Other good websites are My Resort Network, Craigslist, Timeshare Users Group (TUG), and E-Bay. TUG has a Bargain Deals section that allows owners to list for free that they want to give their unit away.
Whatever you do, do not pay any company or law firm a large, upfront fee to "cancel" your timeshare.
Lance C.
Jared K, Tristan S, Noreen, As I posted earlier, Diamond is one of the only timeshare companies that has a class action ban in the their contract, forcing arbitration. Arbitration is binding and private. Critics feel arbitration is pro-industry as Diamond pays the arbitrators $400 to $800 an hour as opposed to a judge assigned at random in a typical lawsuit. There is one real class action against Diamond accusing the company of selling points as an investment. It was filed Feb 2018 and the judge still has not ruled. Class actions take years. If won, an appeal will take another year or more. It is better to follow our instructions on regulatory filings. We have a team of 10 Supporters who answer questions. Instructions can be found on our Diamond member sponsored Facebook of over 2600 members (including Diamond employee observers) alleging unfair and deceptive sales practices. Many have been helped working through the appropriate regulatory, law enforcement authorities and media outreach. This is the link to our Facebook. https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/ Also, write and call the representatives listed below in support of Arizona HB 2639 which would allow a 14 day rescission and the ability to cancel within at least 10 years. The timeshare lobby (PAC) ARDA is strongly opposed. Our "voluntary" donations at work.
ARIZONA HOUSE APPROVES 7 TO 0 TO PROTECT CONSUMERS On the heels of the hundreds of timeshare complaints filed with the Arizona Attorney General’s office by timeshare members describing unfair and deceptive practices, and a settlement and issuance of an “Assurance of Discontinuance” for one major timeshare company, a proposed Arizona House Bill 2639 proposes consumer safeguards by allowing a fourteen day rescission period, strengthening disclosure requirements, and includes other provisions regarding the cancellation of a timeshare contract. There have been numerous Attorneys General investigations, BBB complaints and lawsuits throughout the country.
This bill is strongly opposed by the timeshare lobby ARDA, an industry supported PAC.
Timeshares have virtually no secondary market. Buyers enter into a perpetual contract, often buying a product they have not even had a chance to try before purchase. Buyers buy when on vacation, are told to review documents after they return home from vacation, often after the rescission period has ended. When the sale is made by “Pitching Heat” or unfair and deceptive sales practices, member complaints are typically dismissed via the oral representation clause which states the buyer did not make their purchase based on verbal representations. Members have reported several ways the company or sales agent dodged the contract rescission period such as, “This is a new program that will not be available until after the first of the year,” or “Wait a few month before refinancing” when banks won’t finance timeshares. Often the elderly, many veterans, are targeted. Purchasers typically purchase a timeshare in a state other than the buyer’s state of residence, making it difficult to reach the appropriate lawmakers.
Provisions in the proposed bill:
• The proposed bill allows a 14 day rescission period. • The purchaser may cancel the purchase agreement and relinquish all the timeshare interest within one year after the purchaser signs the agreement. • At least ten years after a purchaser purchases a timeshare, a purchaser who has paid the entire purchase price and current annual fees may terminate the purchase agreement without cause. • The bill also requires disclosure to alert the purchaser that the contract may be of a perpetual nature.
Please contact the following representatives and bill sponsors in support of Arizona House Bill 2639. Please call and write to voice your support.
Bolick, Shawnna (602) 926-3244 SBOLICK@azleg.gov (Bill sponsor) Biasiucci, Leo (602) 926-3018 LBIASIUCCI@azleg.gov Blackman, Walter (602) 926-3043 WBLACKMAN@azleg.gov Carroll, Frank (602) 926-3249 FCARROLL@azleg.gov Dunn, Timothy M. (602) 926-4139 TDUNN@azleg.gov Fillmore, John (602) 926-3187 JFILLMORE@azleg.gov Finchem, Mark (602) 926-3122 MFINCHEM@azleg.gov Grantham, Travis (602) 926-4868 TGRANTHAM@azleg.gov (Committee Chair) Kavanagh, John (602) 926-5170 JKAVANAGH@azleg.gov Payne, Kevin (602) 926-4854 KPAYNE@azleg.gov Roberts, Bret (602) 926-3158 BROBERTS@azleg.gov Toma, Ben (602) 926-3298 BTOMA@azleg.gov Weninger, Jeff (602) 926-3092 JWENINGER@azleg.gov
Irene P.
Been an owner at the likki tikki in orlando since 1989. Converted to diamond points after diamond bought them out. Thats when the nightmare began. I have a deeded property with points totaling 7250 annually. So i am not a full blown diamond member with 15000 points. At our last nightmare tour we heard it is only 8500 points now. Who Knows.? I have heard more lies and bs then u can imagine. Its almost fun to do the tours now because I can throw it back at them and catch them in there own lies. Mystic dunes got me though with the sampler package. The salesman seemed like the nicest and most honest one we ever had Wrong!!!!!! bought the 20k sampler pkg for on some stupid barclay card for what was supposed to be $20 month. wrong!! Was told we could have people use our points and charge them a little something to help pay it off. wrong!! only I can use it. Was given a 5/4 all expense paid cruise if we bought. The only thing free was a 3/2 cruise out of sydney. Cost more to get there then the package. Was told we had 2 yrs to test it out and then make our decision and they would apply the 3995 we paid to our purchase. Just went on a 3 day get away and had to book the stupid tour. guess what?? only the 3995 applys to the first tour after that u can only apply 1998 to the purchase price if u buy. Whats the since of a sampler if u cant even sample it without buying and doing the 4 hour tours. we've been told our resort is bankrupt if we dont upgrade right now we will loose everything and this will probably be our last trip. We will never get this great price again and that we have to sign off on it. I think it actually gets cheaper everytime we go. lol WE can only buy in 4000 point increments. If i have 7250 and only need 8500 to make there little club why cant i buy just 1250. If they want my deed they should just give me the points for 30 yrs of maintenance fees and absolute bs from sales people. I dont even really want to go anywhere with them anymore because of the stupid sales gigs all the time. They threaten to charge ur card if u dont go on the tours. I could book on vrbo or some other site for the price of the maintenance fees. I feel that i cant trust anyone there anymore and its ashame because they do have some nice places. Its just all about the sale and they will say whatever they have to to get one. Look for the little clause in the contract that says they are not responsible for what their sales people say. Please read the contract before signing and not blow through it like i did believing the sales guy as he was telling me to initial stuff. They also show u its worth like $9 on the stock market. After u buy it, its not worth a dime Try to sell it But im sure the commission was good I dont know how some of them sleep at night
Robert D.
Robert D Please consider filing a complaint following the instructions posted above. Writing about it is therapeutic but accomplishes nothing. Filing regulatory complaints is moving the mountain. It's been three years and approximately 1,000 complaints spread over (in terms of volume), the following states: Nevada, Hawaii, Florida, Missouri, Virginia, California. We have a team of Supporters answering questions about filing.
The FBI definition of white-collar crime is "deceit, concealment, violation of trust and bait and switch." I'm sure you would check all of the above. I estimate about 100 of the complaints involved Samplers. The Arizona Bill proposed (above) is to my knowledge the first bill proposed to safeguard consumers, as opposed to ARDA supported bills strengthening the developer position, and in 2015 aiding and abetting a law passed making it more difficult to be released from a contract for "non-material" errors.
Irene P.
They purchased my ILEX biennial studio at Los Abrigados Sedona AZ..it has been nothing but at non stop nightmare...they claim my deed was LOST in the sale of the property 2005/2006? Now l have a one bedroom every year use of Los Abrigados that l can never book and in 2014 attended at owners meeting telling me l was losing to my access to the US collection and was only eligible for the southwest collection...they claimed l was sent a letter informing me of the change to my membership and that lf l wanted to upgrade to US collection l could but l never responded in time to the letter and would now have to pay a higher price to acquire that level of membership which was silver status...l was there 12 hours trying to iron out the mess ..they eventually tracked me down as one of the deeds that got lost in the shuffle and they were truly sorry (like hell) for the inconveniences and would give me that day the opportunity to buy back that previous level of membership from them at greatly reduced rate from what everyone else wad paying that day and were told not to say anything to anyone...that little venture ending up purchasing another 15000 worth in points to get back what l already had...not to mention the fact that ILEX was a deeded week and no points system unlike diamond...they recently have tried to talk me into signing over my MARRIOTT deeded week to them to acquire the points l was promised when l bought the silver level but never got.. like hell diamond...in fine print on their flyers they are offering to cancel the membership once its entirety is paid off releasing you from maintenance fees...l don't believe that either...l will have this albatross with me till the day l die... diamond will probably be the death of me.
bradfordl11 wrote:What companies were bankrupt that diamond bought? Was it ILX, Sunterra and Monarch. Or were their more.Thanks.
Amy N.
(1) You don't have to dump your deeded week and purchase anything on their points system. I have a deeded week I purchased in 1993 and still use it. Despite ILX's efforts to get me to convert to their "Premier Vacation Club" scam, and Diamond's effort to get me into their points system, I just stayed firm and refused all offers.
(2) If you want a copy of your deed just take a ride up to Flagstaff, go to the Coconino County Courthouse, and ask for one. I've done that myself.
amyn206 wrote:They purchased my ILEX biennial studio at Los Abrigados Sedona AZ..it has been nothing but at non stop nightmare...they claim my deed was LOST in the sale of the property 2005/2006? Now l have a one bedroom every year use of Los Abrigados that l can never book and in 2014 attended at owners meeting telling me l was losing to my access to the US collection and was only eligible for the southwest collection...they claimed l was sent a letter informing me of the change to my membership and that lf l wanted to upgrade to US collection l could but l never responded in time to the letter and would now have to pay a higher price to acquire that level of membership which was silver status...l was there 12 hours trying to iron out the mess ..they eventually tracked me down as one of the deeds that got lost in the shuffle and they were truly sorry (like hell) for the inconveniences and would give me that day the opportunity to buy back that previous level of membership from them at greatly reduced rate from what everyone else wad paying that day and were told not to say anything to anyone...that little venture ending up purchasing another 15000 worth in points to get back what l already had...not to mention the fact that ILEX was a deeded week and no points system unlike diamond...they recently have tried to talk me into signing over my MARRIOTT deeded week to them to acquire the points l was promised when l bought the silver level but never got.. like hell diamond...in fine print on their flyers they are offering to cancel the membership once its entirety is paid off releasing you from maintenance fees...l don't believe that either...l will have this albatross with me till the day l die... diamond will probably be the death of me.bradfordl11 wrote:What companies were bankrupt that diamond bought? Was it ILX, Sunterra and Monarch. Or were their more.Thanks.
David K.
I am responding to a request for Irene to send information on how to lodge a complaint against Diamond.. I am in the Hawaii collection and would also be very interested in any information that help me resolve my situation resulting from deceitful sales tactics.
Jeffrey D.
