Class Action Against Diamond Resorts?

try this out. That is part of ownership inventory, which dri is collecting rental income from renting the week. Are they putting that rental income into the maintenance fee pool?

2. they are renting the week to anyone using commercial renting, i.e hotels.com, expedia, booking, etc. Is this ok?

3. shouldn't they be concentrating on making our ownership better for members and keeping cost down?

I am sure not number 3!

Can I get information about the investigation from the Attorney General?

Hi Julian,

I am just seeing this message now. Will call early in the New Year. Thanks. Happy New Year.

I am not aware of any investigation by an Attorney General regarding Diamond resorts, although it doesn't hurt to file a complaint if you feel you have been mislead. The Florida Timeshare Division only acted on 110 out of 2,360 timeshare complaints filed from April 2012 to April 2014. The article below from November 4, 2016 describes a DRI class action. The writer is Michael Kakuk who is now an attorney with the Montana Commissioner of Securities and Insurance.

A class action was filed against Diamond Resorts: https://topclassactions.com/lawsuit-settlements/lawsuit-news/348667-diamond-resorts-class-action-high-pressure-timeshare-sales-deceptive/ 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.

I know nothing about the law firm of Todd M Friedman PC handling the case.

Yelena Gurevich of Gurevich & Rode PC Consumer Action Law Group in California is reviewing a complaint. Diamond owners were encouraged to buy a high volume of points in order to have enough points to rent to cover maintenance fees. Now two of the high volume owners have had their account suspended, accused of advertising on RedWeek and AirBnb. The owner said they did not advertise on AirBnb. As suggested by the Diamond sales agent, they did open a RedWeek account and once tried to advertise on Redweek, but the renter never paid them and they never advertised again. When they signed their contracts, renting was encouraged but now DRI has changed their policy accusing them of renting for commercial benefit. They are being told they can only rent to family and friends which is what they owner said they were doing. Their accounts have been suspended for a year. They own well over 100,000 points and are required to pay mortgage and maintenance fees while the accounts are suspended. Has anyone else experienced this?

I am requesting information regarding any class action lawsuit against DRI. Initially we were owners at Whynham Resort in Fl. and we were mislead into upgrading after they merged with another company.

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

Link above to Arizona AG $800,000 (less $150,000 attorney and court costs) settlement for Diamond owners who purchased between 2011 and 2017

For more information about DRI class actions join this Facebook page:

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

It's not just a DRI complaint site. I am aware of one class action filed and two others forming. There are many happy Diamond owners on the Facebook page, but several members have concerns about rising maintenance fees, limited availability compared to what they were told in a sales presentation and lack of a secondary market as described in the Arizona AG settlement.

I've tried to sell my timeshare , tried to give it back , tried to give it away , they are a rip off !

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.

If you would like information about additional class actions against Diamond Resorts join the Facebook page at the end of this post and PM me. I'm aware of two more.

If you bought in Arizona from 2009 to January 2017 you could be eligible for part of the Arizona Attorney General $650,000 settlement as $150,000 of $800,000 goes to attorney fees. I'm eligible. The press release contains a 37 page document all should read. One clause pretty much threw out the oral representation clause described by a timeshare attorney as a license to lie. To be eligible you must file a complaint with the Arizona AG. In the future anyone going to an AZ sales presentation or any Arizona resident attending a DRI presentation anywhere will be grateful for the terms contained in the assurance of discontinuance. DRI PR said DRI has a new Clarity program that will be rolled out nationwide that is stronger than the AOD.

Three families owning over 100,000 points have had their accounts either suspended or issued a cease and desist for renting. They were encouraged to buy enough points to cover maintenance fees. One only tried to rent one time on RedWeek but never got paid, Meanwhile I just sent DRI the name of a sales agent and the January 5, 2017 date of a presentation at the Kaanapali Beach Club recommended buying enough points so the owner could rent and make a profit like his wife did last year. The one family gave me permission to share their story. They are paying $2400 a month in mortgage and $29,000 in maintenance fees while the account is suspended for a year. They are a professional family buying points to share with friends family and clients.

I have been in contact with the DRI PR person. She does not work for DRI. She works for their PR firm. When I sent her and the DRI attorney an equally outlandish sales agent, she asked for the victim's name. I gave it to her and it got escalated to a DRI VP. The owner said it was the first time he had the email of a real person.

If everyone would just get the name of the sales agent, where the presentation took place and the date, send it to DRI consumer advocacy and stick with it to see the outcome, change would happen. I would much rather see DRI weed out the predatory animals than go after them with a lawsuit. https://www.facebook.com/groups/diamondresortsmembers/

I have had it with DRI. our fees have gone from 1260 for two time shares to 3180 dollars also club dues when up to 540 dollars . it is cheaper to go to this resort as a regular paying customer than for me to go as an owner.it is nothing but a scam. when I asked them to buy it back they said no but we have a program where the will take it back for free and that will stop the fees. wow what a scam they buy it back for no money sell it to someone else and do the same thing. I'm in on any class action someone has got to put an end to this scam. Thanks Peter

It's important to file a complaint with the Attorney General where you live, where you signed and Nevada. The AZ AG just settled with Diamond for $800000 for people who live or anyone who bought in AZ for violating Arizona deceptive trade practices laws. My article on Inside Timeshare blog features Irina Allen who bought 139000 shares encouraged to rent to cover maintenance fees. She never rented but they have suspended her account but she must pay $2400 DRI mortgage and $29000 MF while suspended. Article on Inside Timeshare till Monday 16 or archive after.

DRI had an accusation with Sunterra resorts! I owned 12,000 points, after DRI completed the transaction they lowered my points to 9000!!!! And raise my maintenance fees each year! 2017 $1900!!!! Outrageous!!That's stealing! I tried for several years complaining that they stole m points and Steven kolbeck response was I was lucky his company bought my time share! He is the most unprofessional and arrogant man! He said he would but back my time share and I could never get I touch with him or anyone else to complete the sell! It's all lies from white collar crooks! I'm in if you can find an attorney for class action! I have all documents proving that this company is working in the grey area of business!?

I also own in as can someone send me the info for he class action suit? I never received any info

A class action is being filed. Know that class actions can take well over a year and if you win, Diamond will file an appeal and that takes another year. The DRI contract is iron clad so there are significant obstacles - one being your contract states that you will not take part in a class action. There are ways around that, but it certainly isn't easy. While the class action is ongoing, you are required to pay maintenance fees and loan payments. If you work one on one with a timeshare attorney, you do not make loan or maintenance fee payments. If you do not have a loan, the best option is to ask for a voluntary surrender as the cost for litigation is high. I publish articles in collaboration with Charles Thomas for Inside Timeshare in Spain. I am also a Diamond owner who flipped after a pathetically aggressive sales present at Grand Beach FL July 2015. Our article tomorrow 1/20 is called "Attorneys General For and Against Timeshare Under Trump" and you can contact us by posting a comment on an article or contact me directly via my public Facebook/irene.parker.7923. It is extremely important to file a complaint with the Attorney General where you live, where you signed a contract and Nevada. Hundreds filed complaints with the AZ AG and the Assurance of Discontinuance throwing out the oral representation clause for anyone who purchased in AZ or lives in AZ and purchased anywhere starting back in 2009 and into the future, is worth more than the $800000 settlement. Also file a complaint with the Consumer Financial Protection Bureau under the mortgage option even if no mortgage. I am in frequent contact with a DRI PR representative who works for a PR firm, not DRI and with a DRI attorney. I have intervened on behalf of six families. One received a full refund without needing an attorney and the others were released or are being released from their contract. Also write to Nevada Senator Becky Harris as we are promoting greater disclosure as to the limited or, in the case of DRI, a non-existent secondary market.

I'm sorry Irene but I disagree with some of this:

"The DRI contract is iron clad so there are significant obstacles - one being your contract states that you will not take part in a class action. There are ways around that, but it certainly isn't easy. While the class action is ongoing, you are required to pay maintenance fees and loan payments.... If you do not have a loan, the best option is to ask for a voluntary surrender as the cost for litigation is high."

First, the DRI contract is FAR from iron clad. A consumer is not bound by any contract where the seller violated one of the many consumer protection laws.

Second, a consumer's choice to continue making loan payments or to pay assessment fees while waiting for class litigation should be based on the specific facts of that individual's case. There are many things to consider and an individual should seek advice from competent counsel before deciding what to do.

Third, I absolutely disagree with the blanket statement that a surrender is the best option for anyone that does not have a loan balance. This too, depends on the individual circumstances.

There are very few absolutes in the law. Without knowing the facts of an individual case, no one can say what their best option might be. In my view, a surrender is the LAST option anyone should consider.

No idea why! But my timeshare was through an acquisition twice and only when diamond resorts took it over, they lowered my 12,000 points to 9,000 and raised my maintenance dues to 1900 year. Do you have an attorney?

Pamelag210

I interact with 10 timeshare attorneys. I am working as a volunteer. You can find me at Facebook/irene.parker.7923 or comment on our articles at Inside Timeshare.

I want to know if there will be a class action lawsuit filed against diamond resorts international? If so, I am interested.

louann16 If you would like more information on this topic Friend me on Facebook/irene.parker.7923 You can also read about upcoming legal issues and the $800000 Diamond Resorts settlement with the Arizona Attorney General by going to Inside Timeshare. The AZ AG has issued an "Assurance of Discontinuance" due to Diamond violating the Arizona deceptive practices act. A recent article about the settlement has been published by Inside Timeshare. Diamond has created a new Clarity program in response. I will be writing an article about the program next week. I will be talking to the DRI spokesperson about it today.

I am working with Diamond's PR person and spokesperson, Diamonds newly formed Consumer Advocacy and, when necessary, Diamond's In-House Counsel. They have been helpful having resolved several owner issues and have responded by correcting a problem, relinquishing the contract, all the way to full refund when deception and fraud was apparent. This has resulted in my removing such owners from my list of people pursing a class action which can take years to accomplish. In several cases, it saved the family legal fees.