Timeshare Transparency Act 3502 S and 9255 H.R. – Ten Members of Congress Support – September Update
Categories: Monthly NewslettersJuly 29, 2026
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The TIMESHARE TRANSPARENCY ACT offers federal oversight and other provisions for the protection of timeshare consumers. The bipartisan Senate bill was introduced by Senator John Curtis (UT) and Senator Adam Schiff (CA). Congressman Glenn Thompson (PA) and Congresswoman Kathy Castor (FL) introduced a House companion bill.
At The Hive: TARDA co-founder Irene Parker, Don Parker, Utah Senator John Curtis (R), TARDA co-founder and President Sheilah Brust, and Kimberly Calhoun, PodTV Executive Producer of Timeshare Solution or Surrender
Thank you to the hundreds of families who have reached out to their members of Congress to ask them to cosponsor the Timeshare Transparency Act. If you would like to join our efforts, instructions on how to find your members of Congress are below: “Track the bill and Find Your Members of Congress.” Ten members of Congress are sponsors or cosponsors. Since our last newsletter, NJ Congressman Jefferson Van Drew and CA Congresswoman Julia Brownley have been added as cosponsors. Four of the cosponsors were contacted by families who reached out to share their timeshare experiences.
Legal Updates – Two New Lawsuits and One New Ruling
Violations of the Military Lending Act and another Rental Promise
Paramount to TARDA’s goals is to advocate on behalf of active duty service members and veterans. Several developers have been sued, accused of violating the Military Lending Act.
Dr. Mark Christopher Lane, Jr., EdD, DMin, filed a lawsuit on 9/17/2026 against Holiday Inn Club Vacations, Inc., and Wilson Resort Finance, LLC. Dr. Lane is an active duty Army chaplain. He resides at Ft. Bliss, Texas. In addition to Military Lending Act violations, the lawsuit cites 1,191 pages of disclosed materials and documents that “contain important matters to be considered in acquiring an interest in a multisite timeshare plan.” The disclosures were provided after signing. Some public offering statements state, “Read Carefully Before Signing.”
Similar Claim – New Jersey-based Flagship Resort Development Corporation (DBA FantaSea Resorts) faced a $1.6 million consumer fraud judgment upheld on April 14, 2025, and a subsequent multi-million-dollar putative class action (Lantych v. Flagship Resort Development Corp.) seeking over $100 million for deceptive sales practices. Facing liabilities, Flagship filed for Chapter 11 bankruptcy in May 2025, which led to a court-approved liquidation plan and an insider asset acquisition.
Plaintiffs allege that Flagship violated the Real Estate Timeshare Act (“RETA”) and Consumer Fraud Act (“CFA”) by failing to provide timeshare buyers a copy of the Public Offering Statement before buyers signed the contract or purchase agreement.
One provision of the Timeshare Transparency Act is to provide adequate time to review documents.
Industry-wide claims that timeshares are a rental investment
A provision in the contract is to provide a 14-day cancellation period. While a 14-day cancellation period would reduce confusion with 3/5/7/10 day periods that vary by state, it doesn’t protect buyers who count on renting or were over-promised availability. The most common complaints we hear are from families reporting that they were told that they could easily rent out the timeshare to cover maintenance fees and even loan payments, or the timeshare was sold brazenly as a rental investment. The contract may state you can rent, but doesn’t disclose the fees and obstacles that make the strategy unfeasible. A Westgate Resorts Florida public records request produced 585 complaints, of which nearly half (251) mentioned rent. Availability (supply/demand) is also not part of the contract. Buyers typically do not have access to the booking site until after the contract cancellation period has passed.
Plaintiffs MSgt Julio Pacheco and Plaintiff TSgt Slone Pacheco were serving on active duty in the United States Air Force when they purchased a Capital Vacations timeshare.
JULIO PACHECO and SLONE PACHECO, Individually and on behalf of all others similarly situated, Plaintiffs, v. CAPITAL RESORTS GROUP, LLC, and CAPITAL VACATIONS CLUB, INC., Defendants.
- The Pachecos were subsequently subjected to a 4-hour high pressure sales pitch on Capital Vacations’ timeshare vacation points program. During the presentation and in one-on-one conversations later, the Pachecos were informed by Capital Vacations’ sales agent that they could rent out their timeshare to offset any monthly payments such that the end result would be a free vacation without any out-of-pocket monthly payments. In a 9/4/2026 ruling, the South Carolina court ruled:
After signing documents, one single mom noticed the “for personal use only” clause, went back, and legally recorded two Wyndham quality assurance officers backing up the claim with statements like, “Well, … we have to sell it that way,” (wink-wink)
MICHEL MARION RUTHERFORD and WAYNE BRIAN RUTHERFORD, Plaintiffs, v. HILTON GRAND VACATIONS, INC., BLUEGREEN VACATIONS UNLIMITED, INC.; DUSTIN CARR, individually; and VACATION SERVICES INTERNATIONAL; Case 3:26-cv-00438-CEA-DCP filed 9/10/26
When they complained to Mr. Carr about their maintenance fees associated with their Prior Timeshares, Mr. Carr represented to Mr. and Mrs. Rutherford that if they entered a new transaction, there was a way for them to address their maintenance fees. Specifically, he told them that if they entered a new transaction they would get HGV and Bluegreen ownership, giving them more resorts to rent, and there was a way for them to rent their points and make money in order to offset their maintenance fees. Mr. Carr told Mr. and Mrs. Rutherford not to mention anything about renting their points during the closing process, and that when they were asked to initial a form regarding “personal use and enjoyment” they should just initial it and ignore it.
Bluegreen suspended hundreds of accounts, accusing owners of commercial activity.
https://tarda.org/bluegreen-vacations-suspend-hundreds-of-accounts/
TARDA board member Andrew Ormesher was briefly a plaintiff in Steins vs Westgate Resorts. He was dismissed as a plaintiff because he was enrolled in the Air Force National Guard, but not activated. Thus, not covered under the Military Lending Act. Andrew intended to serve 20 years, but purchased a 4 BR Westgate week believing it to be a rental investment. Forced to default, and in the midst of a security clearance, he involuntarily left service. He had served for 10 years.
Megan was pregnant with her third child when she reported that a Wyndham sales agent assured her that she should not worry about her husband, a Marine, being deployed to a combat zone. She could rent it out, and it would pay for itself. Megan has been stalled in arbitration for over a year. She and Andrew share their experience on PodTV Episode 36. All shows can be accessed from the bottom of the PodTV homepage; click Live Update. https://podtv.tv/
Industry Media Spin and Hypocrisy
We have heard from 27 Marriott’s Harborside owners, infuriated because Marriott will not allow a deed back under any circumstance, no matter how debilitating the medical conditions. Marriott is prominently displayed on ARDA’s Responsible Exit website. The Chairman of the political action committee, ARDA-ROC, is Scott Weisz, also VP of Business Operations at Marriott Vacation Clubs. ARDA has partnered with Blackwell Recovery, retained by Marriott and Club Exploria, to demand payments for maintenance fees for a timeshare that can no longer be used. https://ardaresortbuyersmarketplace.com/
As stated on the website: At The Marriott Vacation Clubs, we understand that vacation ownership is a life-changing decision — and, sometimes, even long-time Owners need to exit their timeshare due to life circumstances.
A former ARDA Chairman: “Nobody is in this business for debt collection, and no one is in this business for the arbitrage on the loan,” Nusbaum says. “We are resort developers.” Mr. Nusbaum is the former chairman of ARDA.
ARDA awards Concord Servicing Corporation, affiliated with Blackwell, its Award of Innovation
Founded in 1988, Concord, a two-time winner of the American Resort Development Association’s (ARDA) ACE Innovator Award, services consumer loans with a strong emphasis on leveraging technology to obtain efficiency, accuracy, and flexibility.
Club Exploria has also retained Blackwell Recovery. They offer no responsible exit for existing owners, but new buyers are being told they may exit in 10 years. The definition of financial elder abuse: The illegal, unauthorized, or improper use of an older adult’s money, assets, or property for personal gain.
Corky, a 22 ½ year Army veteran, down to 15% lung capacity, is in default on his Club Wyndham points. He has no loan. Despite his medical condition, Corky took the time to write 10 pages that he wants submitted to members of Congress detailing lobbyist hypocrisy. He also took the time to reach out to his Congressman. Corky, TARDA volunteers, and others met with his Congressman’s District Director. Wyndham’s debt collector, Pinnacle, is demanding payment.
These and thousands of other reports received by TARDA and law firms across the country counter ARDA’s claim that additional regulation is not needed, or that it is not difficult, time-consuming, or expensive to exit a timeshare. Three of the lawmakers we met with after reviewing our data asked us, “How is this legal?”
Many repeat offender sales agents have been allowed to operate unchecked. One disbarred attorney in Missouri was hired in 2018 to sell timeshares. In September, he will begin an 18-month prison sentence after marking himself exempt from income taxes, working for four timeshare developers over a period of ten years. He owes the IRS over $600,000. Accountants can do the math to estimate how much income he earned. We have two 1-party state recordings when he fabricated a maintenance fee relief program. We have tracked several repeat offender agents for over 10 years, overworking the oral representation clause buried in electronic fine print.
H. B. 9255, introduced by Congressman Glenn Thompson (PA) and Congresswoman Kathy Castor (FL).
The Timeshare Transparency Act & the Federal Trade Commission – https://www.ftc.gov/media/71268
If you feel you experienced unfair and/or deceptive practices, file a complaint with the FTC. Few think to file with the FTC, so we believe the number of complaints the FTC receives through its Consumer Sentinel portal is small compared to the actual number of complaints. Senator Curtis questioned Federal Trade Commission Chairman Andrew Ferguson about timeshare at the Commerce, Science, and Transportation Subcommittee this past April.
Track the Bill and Find Your Local Members of Congress. A sample letter is provided:
https://www.govtrack.us/congress/bills/119/s3502
The Senate bill includes a letter of support from AARP:
CURTIS, SCHIFF INTRODUCE BILL TO PROTECT CONSUMERS FROM PREDATORY TIMESHARE PRACTICES
What’s not in the bill
- A 14-day rescission period will standardize the confusing 3- to 10-day periods that vary by state, but will have little effect on those over-promised availability, because the purchaser typically does not have access to the booking site until after the cancellation period has passed. The only opportunity to truly protect the consumer would be if the rescission period began the day the purchaser obtained access to the booking site.
Not disclosing the meeting or “update” is a solicitation
- Branded hotels like Hilton/Marriott/Holiday Inn solicit without disclosing that the invitation is about timeshare. The loyalty member is invited to hear about our “vacation program.” Existing members are often told that what they will be attending is informational or an orientation, when it is an attempt to sell more points.
The recorded closing is being used as an entrapment
- Diamond Resorts started recording the closing in 2017, after the Arizona Attorney General issued an Assurance of Discontinuance. The purchaser is not allowed to record. There are many reports of agents coaching on what to say or not say on the recording closing. If the recorded closing can be used against the purchaser, the purchaser should be allowed to record the sales session.
A timeshare loan should not be defined as a mortgage
- Timeshare contracts are financed at 12% to 19%, with little to no resale value. A timeshare with an outstanding loan is impossible to sell on the open market. Commissions are not disclosed. Selling and marketing expenses run as high as 50% or more, including the “free” gifts. The Eleventh Circuit Court in Steins vs Westgate Resorts ruled a timeshare loan is not a mortgage loan. FNMA, and the NCUA state on their websites that a timeshare loan is not a mortgage loan. Banks don’t refinance timeshares. This also drives thousands of families into default.
The oral representation/non-reliance clause should not be in a unilateral timeshare contract
- If it is, it should be disclosed at or before the presentation, not buried in volumes of fine print.
The National Association of Attorneys General disagrees:
The current landscape of the timeshare industry has exposed significant inadequacies in protection for those seeking to purchase, lease, or exit their timeshare contracts. https://www.naag.org/attorney-general-journal/timeshare-obligations-regulations-and-challenges
Who does the American Resort Development Association (ARDA) protect?
ARDA is the industry’s Washington-based trade association. ARDA-ROC, Resort Owners Coalition. They raise approximately $5 million a year in opt-out donations, invoiced on maintenance fees. The timeshare members we speak with, most don’t know who they are.
Why the switch to opt-out?
Resort Owners Coalition PAC will pay a $300,000 civil penalty. It is the largest fine imposed by the Federal Election Commission since 2007. The charges, most $3 to $5, were billed to individual timeshare owners along with tax and maintenance charges. The small donations, not itemized by the PAC, totaled $8.4 million between 2003 and 2007, records show. Political contributions are voluntary, and federal law requires solicitations to make that clear. Federal records show that since 2006, ARDA has spent more than $1.1 million on Washington lobbyists to oppose such things as mortgage reform legislation, including the expansion of truth-in-lending requirements to timeshare buyers. Reported by the Broward Bulldog (renamed Florida Bulldog)
Timeshare Users Group (TUG) [2017]: Got my maintenance fee statement. There was no mention of ARDA fees, BUT when I compared the DUES part with the lower total fees section, there was a $7 difference. There was no mention of the extra $7 for ARDA. I changed the amount at the bottom to reflect what was actually stated. Just be aware.
A YouTube video concerning ARDA-ROC recommending listing companies that charge an upfront fee to list a timeshare, including Timeshares Only, owned by a former ARDA chairman: https://www.youtube.com/watch?v=-lPhsKp09vg
In 2019, former Arizona Representative Shawnna Bolick, sponsored a bill that would have allowed a 24-hour cooling-off period BEFORE signing a contract. The bill passed the House, but was defeated in the Senate. ARDA lobbyist Don Isaacson argued: “But the bottom line is that the state should not step in to protect people who didn’t bother to understand the nature of the deal.”
The timeshare industry’s top lobbyist told ConsumerAffairs, “Their value comes from using it,” Nusbaum says. “When they [consumers] are done using it, all they want to do is quit paying the maintenance fees.”
ARDA-ROC’s 2019 website: ARDA-ROC is working on four core state issues in 14 states – Non-Judicial Foreclosure: Support non-judicial foreclosure laws that provide strong consumer protection provisions. https://www.redweek.com/blog/2019/12/02/arda-roc-maintenance-fees
Former ARDA-ROC Chairman Kenneth McKelvey stated in minutes of the April 10, 2019, at ARDA’s World conference: “The best thing we can do with exit (is) judicial foreclosure, ruin the credit, and enforce the contract.”
Self-help social media groups include Club Exploria Hostages, Vacation Village Unfortunate Owners https://www.facebook.com/groups/1309724916165817, Westgate Resorts Hostages, Bluegreen Hostages, https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy,
Our PodTV show, Timeshare Solution or Surrender, has had over 200 guests share their experience. The show airs live from 1 to 1:25 Eastern time, with a prerecorded 35-minute Timeshare Resource segment provided by industry experts. https://podtv.tv/
Let’s hope TARDA becomes obsolete because of reaching our goal of greater honesty and transparency.
TARDA would not exist without your support. Let us hear from you if you wish to join our efforts or can donate to the cause.
https://tarda.org/get-involved/