Your TARDA Team wishes you a safe and happy Thanksgiving. We appreciate all who have donated their time or treasure. We hope you consider a donation to TARDA this giving season. TARDA is a 501c4. Donations are not tax deductible. We are an all-volunteer organization, but raise funds to pursue legislative changes and cover administrative expenses. They say time is money. We have experienced a significant uptick in the number of timeshare members and owners reaching out. If you have a little or a lot of time to donate, please contact us here:  https://tarda.org/get-involved

Since our October newsletter, we continue to shed light on the many active duty service members and veterans that have reported unfair and deceptive timeshare sales and lending practices. We are compiling a report of the most recent 35 military buyers who have expressed that their families experienced considerable harm because of buying a timeshare. PodTV’s Timeshare Solution or Surrender, October 28, Episode 36, featured active duty families. On November 11, Veterans Day, Episode 38, we heard from our veterans. A common complaint is being told it is easy to rent to pay for the cost of the timeshare. When that doesn’t work, service members can find their security clearances jeopardized. This can lead to involuntary separation from service. We believe no service member should find his or her military career jeopardized because they bought a timeshare.     

We appreciate industry experts who help us to promote a viable secondary market. Joe Takas with MVP Services was a guest on November 4, Episode 37, with Jeremy from Destination Timeshare. We learned about blockchain technology and how it can be applied to timeshare sales and rentals through tokenization. We await the launch of Volqua - https://volqua.com/

All shows can be accessed from the menu by date. https//podtv.tv/timeshare-showcase

Legal Updates

Kirchner and Weston vs Wyndham, No. 1:20-CV-00436-RGA

Seven TARDA volunteers, at their own expense, traveled to Delaware to hear oral arguments in the Kirchner lawsuit. On September 13, 2024, the U.S. District Court of Delaware denied Plaintiff’s motion for class certification. On October 23, 2024, the Court of Appeals for the Third Circuit denied Plaintiff’s motion for leave to appeal. On October 30, 2024, the Kirchners and Wyndham agreed to settlement in principle. The Kirchners will dismiss claims with prejudice once the parties finalize and enter into a settlement agreement.  Plaintiff Weston has agreed to dismiss his claims without prejudice.

“With prejudice” means the decision is final. “Without prejudice” means it's not final and subject to future inquiry. If the judge announces a case is dismissed with prejudice, that means it's permanently dismissed and can't be retried. AI May 1, 2023 

Yorks and Fissix v Wyndham, Case No. 6:24-cv-00575-CEM - DCI

Plaintiffs Carol A. and Don E. Yorks resolved their claims with prejudice. Taya and Connor Fissix remain plaintiffs. Don Yorks, a pastor of 50 years, suffers from Altzheimers and Carol relies on a service dog. TARDA volunteers were grateful for the opportunity to meet Carol and Don, Carol’s service dog, and the Kirchners, in Delaware. Taya also attended. Taya is an active duty Army service member and was our inaugural guest on Timeshare Solution or Surrender on February 26, 2024. Taya sent Wyndham over 70 emails asking them to comply with the Servicemembers Civil Relief Act (SCRA). In addition to their dispute with Wyndham, the Yorks lost $33,000 to Timeshare Relief Group. The company has a BBB rating of F, meaning they don’t respond well to complaints. 

Lead attorney, Howard Prossnitz, has received hundreds of inquiries from Wyndham members. They cannot take any more Wyndham cases. According to Mr. Prossnitz, he is down to five  individual cases: two federal suits and three arbitrations. Mr. Prossnitz was our guest on Timeshare Solution or Surrender, April 15, Episode 8. 

The Manhattan Club, CHARLES R. ACKLIN, et al., v EICHNERs; SCOTT L. LAGER; The Manhattan Club and Bluegreen Vacations

Finally, a disturbing finish to a years-long battle. A U.S. District Court Judge in New York, on November 18, 2024, dismissed allegations of 12 claims, including mail or wire fraud under RICO and a related conspiracy claim. There were approximately 200 plaintiffs.

In 2015, the New York Attorney General fined the Eichners and related plaintiffs $6.5 million. The Eichners in that settlement, admitted they set initial maintenance fees artificially low, over sold inventory and allowed non-owners to book less expensive than owners. 

In a recent interview, Mr. Eichner explained his current project, selling luxury condos in Florida. The interviewer noted The Manhattan Club as one of Mr. Eichner’s accomplishments. In the lawsuit dismissed November 18th, the court filing noted that the Eichners and Bluegreen Vacations are engaged in private arbitration after Bluegreen reversed their agreement to acquire TMC.  

We thank the Timeshare Law Library for helping us keep up with timeshare court filings.  https://timesharelawlibrary.com/