We are pleased to introduce our rebuilt website and two new board members with industry and IT backgrounds. Our Board of Directors has expanded to ten. Take a few minutes to explore our website, and view our board to learn more about Sheilah, Sherida, incoming board members Gary and Jake, Branden, Mari, Denise, Chrissi, Janie and Irene. This Newsletter will replace the emails we sent periodically.
We're grateful to all who donate their time or treasure to further our cause. We are all volunteers, but TARDA depends on your donations to further our mission. Our volunteers cannot give legal advice, but attorneys have also volunteered their resources when a legal opinion is warranted. Volunteers can advise on the steps needed to file regulatory complaints and help with media outreach.
September is TARDA's fifth birthday. As we move forward, we shift our focus to legislative outreach. Volunteers who have attended court cases and legislative hearings concluded that some judges and lawmakers don't really understand timeshare. When there is no true consumer's voice in Washington D.C. the lawmaker is hearing about a proposed bill from only one side of the aisle. This needs to change.
September Legal Updates: Two recent landmark rulings - the score - Timeshare Members and Owners 1 - Timeshare Developers 1
Steines v Westgate Resorts, et al.
One reason we launched TARDA in 2019, was because of the shocking realization that active duty service members, and veterans who maintain a security clearance, post-service, were finding their security clearances in jeopardy because of a timeshare loan default. A loan default can lead to involuntary separation from service. This happened recently to a member of the Air Force National Guard. He was briefly a plaintiff in Steines v Westgate, but was dismissed since he was in the Guard and not the Air Force. According to the lawsuit complaint, Utah residents, Andrew and his wife, were sold a 4 BR Westgate week as a rental investment, inappropriate for a family of three. Andrew had served 10 years with the Idaho National Guard, intending to retire in 20, but in the process of transferring to the Utah Air National Guard, the "mortgage" default jeopardized his transfer. We at TARDA feel no member of our armed forces should suffer the loss of a security clearance because they bought a timeshare.
The Eleventh Circuit Court of Appeals in Atlanta, GA, agrees. The judges issued their opinion in Steines vs Westgate on September 5th, upholding the Florida District Court's ruling that a timeshare loan is not the same as a home mortgage. The reason that Westgate argued that a timeshare loan is the same as a mortgage loan is because home loans are exempt from the Military Lending Act (MLA). Also, the MLA prohibits arbitration. Developers argue vigourously for arbitration, arguably biased towards industry. Details of the ruling:
Wyndham v Pandora Servicing, LLC., et al.
Wyndham was awarded a $16 million judgment against Pandora Servicing, LLC. According to the news release:
The impact of this judgment is undeniable as it sends a strong message that companies cannot falsely advertise and mislead customers without facing serious consequences. https://finance.yahoo.com/news/shutts-bowen-litigation-team-behalf-144800091.html
TARDA has followed 12 lawsuits filed against Wyndham since 2019. A common theme is that additional points should be purchased to rent to cover costs. In addition to Westgate, Bluegreen members and owners have reported similar tactics. One of the Wyndham lawsuits learned during discovery that Wyndham retained sales agents with 30, 40, and as high as 57 complaints made against them, but were not terminated. Allen vs Wyndham, Case 3:18-cv-00259-TAV-DCP
Another Yahoo Finance reporter explains why hedge funds like timeshare stocks - because they trick people into signing contracts. The example used - Wyndham. https://finance.yahoo.com/news/best-timeshare-stock-buy-according-135051667.html
Mother Teresa was once asked, "Who causes the problems of the world?" She replied, "I do." Until Developers acknowledge that they are part of the problem, there will be no solution. With large exit companies hampered by multiple lawsuits, scams are exploding. Eight timeshare owners and members in the last few months have reported losing $200,000 to exit scams. So far, one received a $6,000 refund.
Last but not least, thank you to PodTV producers and co-host Kim Calhoun of Timeshare Solution or Surrender. Our September 2nd show included a Wyndham buyer who explains how they ended up with more points than they need, encouraged to buy points to rent, then issued a cease and desist letter. Our September 9 show includes a WorldMark by Wyndham buyer, 20 years an owner, told by her WorldMark sales agent that it wasn't necessary to buy Wyndham points for reasons presented. At age 80, a pastor for over 50 years, he and his wife are left with no choice but to default. Wyndham Cares didn't care. We're hoping they change their mind. Our guests' mission is to alert the public about the oral representation clause, unwittingly signed, acknowledging that you did not rely on sales agents claims to make a purchase. All shows can be accessed from the dropdown menu by date.
https://podtv.tv/timeshare-showcase
No questions should go unanswered. If you have reached out to TARDA in the past, but did not receive a response, please contact us again. Our new website has enhanced features that will help us better keep up with demand and new volunteers are more than welcome!