From left: Anna, Cindy, Sheilah and Patty

Update June 25, 2023

Volunteers voiced their concerns as to the lack of concern for timeshare buyers who experience unfair and deceptive practice. The protest took place November 8 to 10, Veterans weekend. The Better Business Bureau published a timeshare report in 2023 critical of the timeshare industry. The report listed Florida with the most complaints from 2020 through 2222, leading the list of states with 16,067 complaints followed by California with 1.670 complaints. The figure included exit companies. 

The Florida Attorney General reported 1,300 timeshare complaints per year for the years 2017 and 2018. There are enough complaints to launch an Attorney General investigation in Florida, but the only investigations we are aware of are against exit companies.     

 

Florida is a two-party state, meaning you cannot legally record an in-person meeting without the other person aware. Hundreds of complaints have been dismissed with, “Verbal representations are hard to prove.” Sales agents know this, so they understand that they can say anything without fear of repercussion. How is a timeshare buyer expected to obtain proof if they cannot record the sales session? The closing session is recorded and used against the buyer. A frequent complaint is that the recording is turned on and off when a question is raised. Members report that their sales agent instructed them not to ask questions. As evidence by statistics that the Florida Attorney General’s office and the Florida Department of Business and Professional Regulation (DBPR) reported at a March 12, 2019 legislative workshop in Tallahassee, there is little timeshare enforcement in Florida.

 

Florida House Bill 435 testimony 

 

Victoria Butler, from the Florida Attorney General’s Department of Consumer Protection, reported a figure of 1,500 to 1,600 timeshare complaints in 2017 and 2018, with about 50% involving senior citizens. She said the majority of complaints were in regard to the initial sales presentation. Ms. Butler stated that the Florida timeshare division engaged only 42 complaints, the majority concerning resale.

 

Boyd McAdams, from the Florida Department of Business and Professional Regulation (DBPR), shed light on the number of consumer complaints filed. The approximate figures of timeshare related complaints:

 

2016        1200 complaints          600 reported misleading information

2017        1300 complaints          700 misleading information

2018        1300 complaints          700 misleading information  

2019        700 complaints            300 misleading information

 

We are aware of many veterans who have been harmed by timeshare sales practices. In reviewing reports from over 1,000 timeshare buyers, about 20% are veterans and active duty service members, so we chose Veterans day weekend to stage our protest.  

 

Timeshare executives and ARDA lobbyists have been quoted as saying, “Timeshare is a highly regulated product.” Maybe the product is regulated, but the sales process authorizes lying through the oral representation clause, buried in fine print, in which buyer acknowledge they did not rely on what sales agents said.

   

Beverly's Experience with Florida timeshare sales agent Rafael (Resolved)

 

We are seniors, over 60 years old. We have been Platinum timeshare members since around 1988. We had acquired 54,000 points before encountering Rafael who we met on  March 6, 2018. Maintenance fees are over $8,000 a year. Rafael inquired if we would be interested in hearing of a way to have our maintenance fees taken care of through a “Currency System” we later learned doesn’t exist. 

 

We knew of a program whereby Platinum members can turn in timeshare points at $.04 per point to offset maintenance fees, but the value is so poor, it's not worth the effort.  Platinum fees in 2018 were $8,631 for 50,000 points, so at $.04 per point, the member would only offset $2,000 and have no points left to travel. 

 

Rafael’s “Currency System” indicated we would generate $13,100 towards our maintenance fees at $.30 per point. A legitimate program we were aware of, called the 30/30 travel discount program, was noted on Rafael’s handwritten illustration, but that program has nothing to do with turning in maintenance fees at $.30 per point.

 

Rafael explained how using the Barclay credit card would offset maintenance fees, but that only offsets at $.01 per point for every dollar spent. However, Rafael explained that if we charged say, $50,000 in a year on our Barclay credit cards, those eligible for the “Currency System” could also turn in a corresponding 50,000 points at $.30 per point totaling $15,000 plus the $500 (1%) generated by charging $50,000 to our Barclay cards. Rafael explained that I would need to get our Barclay credit cards linked to be credited “fulfillment dollars” applicable toward the “Currency System.” I applied for a new Barclay card and transferred my current Barclay card balance to the new card. 

 

After purchasing an additional 25,000 points for $108,430, to be eligible for the “Currency System,” our annual maintenance fee was estimated to be around $13,500. As a former banker, my husband felt it was logical that Platinum members, who had invested over $200,000 to reach the highest loyalty level, would be allowed generous perks. Charging to the Barclay credit card, combined with turning in points at $.30 per point, would cover all maintenance fees.   

 

How Rafael’s “Currency System” didn’t work and the company’s response

 

After returning home, we converted all of our credit card expenditures to our Barclay cards to take advantage of the “Currency System.” We charged $59,000 to three Barclay credit cards. This meant I could turn in 59,000 timeshare points to generate $590 from the credit card reward points (at 1%) and $17,000 from turning in 59,000 points at $.30 per point. The resulting $17,590 would be more than sufficient to cover our maintenance fees.  

 

On December 16, 2018, we attempted to initiate Rafael’s “Currency System.” It became apparent that no such program existed. Each vendor sent me to the other and was vague in the way they addressed the process. Bear in mind that the member has to wait until the end of the year before learning the program doesn’t exist, dodging the rescission period. 

 

During a stay at another resort later that month, the concierge offered us an opportunity to attend another update. We met with Juaquin, a senior associate. We explained that we had purchased additional points from Rafael to take advantage of the “Currency System.” Juaquin indicated that he knew Rafael well. He left the room to speak with Rafael. When he returned, he proposed yet another purchase of points so we could receive $1.00 per point exchange. We quickly quashed this offer, fighting off multiple salesmen. 

 

I leave it to the reader to decide whether to believe over 100 educated professionals or timeshare sales agents that have nothing to stop them from making oral misrepresentations. 

 

Another “Currency” program (complaint resolved) 

 

The Oct 21, 2017 VIP Dinner was our second sales presentation for the new 2018 “Currency” program presentation. The sales agent was knowledgeable explaining misconceptions we had from our June 2017 update. Her presentation included a professional looking corporate “Currency” app tool designed to take all of our 2018 vacation expenses to show how the new 2018 “Currency” program would use our 2018  points to pay for all our vacation expenses for that year and still have points left over.

 

The “Currency” app tool was for Platinum owners with 50,000 annual points. The demonstration clearly showed that those 50,000 points would be eligible for a two times Platinum bonus, giving us a total of 100,000 points. The sales agent then showed us that we could use those 100,000 points to pay all of our 2018 expenses at $0.30 per point up to a total of $30,000. She reset the “Currency” app tool to show a different feature that would allow us to request a CASH payment for those same 100,000 points, up to a total of $10,000 at 100%/$0.10 per point, no questions asked. The program was bogus. 

 

Rafael complaint #2 from someone who posted on Facebook describing the same three resort personnel:

 

Please be careful if you are going to an update! The latest “offer” involved not having to pay maintenance fees ever again in exchange for taking out a 10 year note on points purchased, plus taking out one of their credit cards. They said that by taking out their Barclay card you can have your maintenance fee paid for. I fell for it. Fortunately, in Florida I had 10 days to cancel, during which time the credit card arrived, so I was able to speak with a Barclay card representative. Unsurprisingly, what I was told wasn’t exactly the case. I sent a rescission letter. If you ask for everything in writing you won’t get it & the quality control personnel, who are supposed to protect you, are even more ignorant of the facts. If anyone needs further, info, please feel free to contact me. 

 

Rafael complaint #3 Jack, Air Force Veteran, age 70

 

We have several children so we purchased points to stay at Great Wolf Lodge. I was not allowed onto the booking site until after the rescission period so there was no way to know about the poor value. Had I been allowed onto the booking site I would have learned it requires 58,331 points or $11,000 in maintenance fees dollars to book a stay for the same week that could be booked for $1,972 through Booking.com. 

 

We met with Rafael in Florida after paying for a course on how to use points. It was not a training course. It was a hard sell. Rafael advised us that we needed to purchase 52,500 additional points to become Platinum to get to 60,000 points. Rafael explained that at 75,000 points, in 2019, a new Double Platinum program would be available that would allow us to reduce maintenance fees. No such program was announced in 2019.

 

Rafael complaint #4, Roy, a retired letter carrier and Navy veteran, age 70

 

Rafael was one of several agents from the company who switched us from program to program until we ended up with $2,700 a month in timeshare loan payments. We had to seek bankruptcy protection because we charged loan payments to credit cards. 

 

Rafael complaint #5 family from a foreign country here for cancer treatment.  

 

I sent a package of information June 13, 2019 supporting our medical and financial hardship position. We cannot continue loan payments. When I call they say they will call me back in 24 to 48 hours but they don’t. I told Rafael I was unemployed. He said to put down $40,000 income on a Barclay card application because that was what I used to make. I put $38,000 down. I have the paper where Rafael put a 1 before the $38,000 the credit card application so the total amount of income was $173,000 plus $138,000 totaling $311,000. If I made that kind of money we would have no hardship. I am unemployed living on Social Security and my wife’s Social Security disability. 

 

Rafael said, “I’m not supposed to show you this, but next year your maintenance fee is going to go up to $7,000 but if you sign to a trustee your maintenance fees will be taken care of.” He also said, "Let me see if I can get you a credit card that will pay 100% back maintenance fees. If I charged $2000 in a month, sent in vouchers, I would get $2000 back. He showed me a spread sheet from a bank showing how he got money back. Looking back, that must have been his expense account. 

 

On September 20, 2017 we bought 22,500 points for $25,200 financing $20,766. Rafael said our loan and maintenance fee would be in the same monthly payment, but it was not. We asked the closing agent about maintenance fees to be offset from credit card purchases. We said we were not signing. Rafael talked to her. You could tell she was under pressure. You could see the change in her expression. 

 

My wife underwent chemotherapy at a Florida hospital. Cancer medicine is not cheap. Our combined income is $41,000 a year. We have a house that has a lien for past due taxes. The monthly medicine for chemotherapy was over $2,000 a month.  

 

Rafael Complaint #6 R J, age 70 and 68, a disabled veteran with COPD November 4, 2019  

 

I thought a previous loan was to be combined with a new loan, but they didn't combine the loans and we are now paying out $400 more dollars per month. 

The salesperson said they would stand by us, but put me off a week until the cancellation deadline was past. I received a letter from a company legal assistant that said, "Mr. J makes general statements without providing conclusory details.” We sent the seven page letter below outlining dates, times and even emails from a salesman who kept saying "wait until the paperwork catches up and I will look into it.”

 

I found out yesterday that the company does not have a program that allows you to use points to pay maintenance fees. That was the main reason we upgraded.

 

To the Company CEO, (edited for brevity)

 

To begin, we want you to know that we loved being faithful members of this company. I am a pastor. We bought our first timeshare in 1998 and upgraded about three times. We knew we could never reach Gold membership. I am almost seventy and we did not want to accrue more debt. On the afternoon of April 24, 2019 we had our required session with Rafael. It lasted eight hours over two days. He seemed to show concern.  

 

Rafael said that if we became Gold, we would only be paying out about $150 more per month, because the new interest rate would reduce our payments. At first we said no.  Tim came to the rescue with another proposal, something we thought we could afford. We asked, “Is this all we will pay a month?” In unison they said “Yes, this is all you will pay on the new loan.” However, the purchase brought our monthly payments to over $1,000. We would have NEVER agreed to this. We can’t possibly afford it. We had to come up with $10,000. Tim suggested we put it on our Barclay credit card. I called Barclays to extend our credit, but after four tries it would not go through. Tim then suggested we apply to get my wife a Barclay card. It was so late they had to call it quits until the next day. We agreed because at every upgrade, our prior loan was wrapped into a new loan. 

 

They videotaped the closing session. I know we asked, “Now, is this all we will pay?” The closing agent said yes and even said, “Now make your May payment because your new loan will begin in June.” We understood the new loan payment was to be $634.

 

We talked it over, went to the sales center and said we were not going to purchase. They went into a sales frenzy and brought  more proposals. Now they told us we could use Gold points to pay maintenance fees. It sounded better. Two hours followed the prior day’s seven hours. We were exhausted. We finally said okay.

 

Rafael vowed he would show us the ropes about how to pay fees with points, a big smile on his face. After returning home, about a week later, we saw that we owed over $60,000.  Our payment was going to be $1,122 instead of $634! I sent an email. They said the paperwork had not caught up yet. I contacted Las Vegas. The agent said she reviewed the deal and the recorded closing session and saw nothing suspicious. 

 

My wife and I are praying people. We are praying that agents will be held accountable by God. Now, that may not happen in this life, but it will in the next life. 

Ecclesiastes 12:13-14 - Let us hear the conclusion of the whole matter: Fear God, and keep his commandments: for this is the whole duty of man. For God shall bring every work into judgment, with every secret thing, whether it be good, or whether it be evil. 

 

There will be a reckoning. I am not praying that God brings down timeshare. My prayer is for justice. Along with His discipline He accompanies it with His love. I am working on a website, guided by counsel, to enlighten folks about high pressure timeshare sales. I may be beating at the wind, but I must do something. 

 

Why we protested and what needs to happen to protect timeshare consumers: 

 

1. The rescission period should begin after the purchaser has access tot he booking site.

2. The oral representation clause should be disclosed at, or prior to, the sales meeting. 

3. Allow the timeshare buyer a 24 hour “cooling off” period before signing a contract. 

2. If the closing session is recorded and can be used against the buyer, allow the buyer the opportunity to record the sales session.