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Diamond Resorts International Club Inc. is facing a class action lawsuit alleging it engaged in deceptive high-pressure sales tactics to sell timeshare contracts.
Plaintiffs Gisele Fournier and Rejean Fournier of Riverside County, Calif., claim they obtained on an unknown date a “membership” with Diamond Resorts that would allow them to acquire timeshare “points” that they could redeem for accommodations at various resorts.
In July 2015, the plaintiffs say they contacted a Diamond Resorts sales associate to express their dissatisfaction with their membership. Specifically, they complained that they were not able to secure accommodations on the dates and at the locations they wanted.
According to the Diamond Resorts class action lawsuit, the plaintiffs were advised to upgrade their membership to “platinum” in order to receive superior customer service. They were also told to attend an “update” meeting to have their concerns addressed.
The meeting did not provide the Fourniers an opportunity to air their grievances, according to the Diamond Resorts class action lawsuit. They claim they were pressured again into purchasing a membership upgrade and were reportedly mocked by Diamond Resorts’ agents because they did not bring a credit card to the meeting.
According to the Diamond Resorts class action lawsuit, the plaintiffs “felt bullied, manipulated and intimidated into signing a new contract upgrading their membership with the Defendant.” They claim that the agents’ high-pressure sales tactics caused them “a great amount of stress, embarrassment and humiliation” and that they felt they could not leave the meeting unless they signed up for a membership upgrade.
Their credit card was allegedly charged $2,000 for the membership upgrade, and the upgrade caused their monthly membership dues to nearly double, according to the Diamond Resorts class action lawsuit.
Despite paying for the upgrade, the Fourniers say they did not receive the services they were promised and sought to terminate their membership. When their attempts at cancelling via phone and online chat were unsuccessful, they sent a letter in August 2016 informing Diamond Resorts that they were terminating their membership and cancelling all future reservations.
After they mailed the letter, the plaintiffs reportedly received a monthly loan statement with an invoice date of Aug. 22, 2016. This invoice stated a balance of $813.77 with a due date of Aug. 12, 2016. This statement indicated that payments received after the due date would be subject to additional fees.
According to the Diamond Resorts class action lawsuit, the statement indicated the Fourniers owed a “Principal Balance” of more than $45,000 and that they had paid at least $6,000 toward interest fees.
They subsequently sent more letters informing Diamond Resorts of their intent to terminate their membership but Diamond Resorts repeatedly denied the requests and claimed that the plaintiffs would remain contractually obligated to pay the fees. They continued to receive letters demanding payment. These letters reportedly contained “confusing, conflicting and misleading” information about their membership.
The plaintiffs say they received harassing phone calls from Diamond Resorts even after they asked the company to stop contacting them.
The timeshare sales class action lawsuit accuses Diamond Resorts of violating the Truth in Lending Act, the Telephone Consumer Protection Act, the California False Advertising Act, the Consumers Legal Remedies Act and the California Welfare and Institutions Code.
Diamond Resorts is also currently facing a class action lawsuit alleging it targets older consumers with abusive sales tactics.
The plaintiffs are represented by Amir J. Goldstein of The Law Offices of Amir J. Goldstein Esq.
The Diamond Resorts Timeshare Membership Class Action Lawsuit is Gisele Fournier, et al. v. Diamond Resorts International Club Inc., et al., Case No. 5:17-cv-00911, in the U.S. District Court for the Central District of California.
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113 thoughts onClass Action: Diamond Resorts Pressures Buyers into Timeshare Contracts
Ditto on all the above. The icing on the cake was when we had a Maui vacation. Forced into yet another presentation. Told that if we simply purchased a few more points and rolled our property into the Hawaii Collection it would be so much more valuable when we go to sell. At presentation times, we have always been told that it is an investment. After it was all over, and we got home, we realized they charged us for all of our previously purchased points plus the new ones. They stole at least $23,000 from us. So sad. Would like our money back and no more maintenance fees. We have 36,000 points per year and the fees are up to $6500+. It has to stop. We have spent over $100,000 on these properties, a little at a time. We are retired and need at least the money they stole from us back – meaning what we were charged twice for. Yes, class action lawsuit is desparately needed.
Please add me to lawsuit. I’m tired of the strong arm tactics and high pressured sales pitches, I’m a deeded member Yet unable to ever get a date I request to vacation because it’s rented out nonmember for $99 A night. My maintenance fees keep going up to pay for the repairs of a resort being rented out as a low budget hotel.
I bought a timeshare from IslandOne in2006. Diamond Resort bought out Island One.They changed the whole contract .They put me on some points system.The fees are exorbitant and increases every year. and most times they cannot fulfill the reservation but if you call as a guest they find space.This company is fraudulent. I want to join a class action suit.This is hard when you get old and have to jeopardize your healthcare to pay them these ridiculous high fees.They just keep threatening what they’ll do to you if they don’t get money.
Please add to class action. They used deceptive sales pitch on my uncle. Contract was vague but assured me that all terms would be met as negotiated by my uncle and sales representative. Never happened and kept adding different terms.
Please add to class action. They used deceptive sales pitch on my uncle. Contract was vague but assured me that all terms would be met as negotiated by my uncle and sales representative. Never happened and kept adding different terms.
Denyea Hejmanowski
Please add me to this class action lawsuit. I have a deeded timeshare in Palm Springs, Ca and Pacific Monarch never let me use my timeshare ever. My story is the same from other comments above. I was scammed and I want all my money back. Including the maintenance fees. They prey on the elderly and I never got anything I was promised or paid for.
Please add me to this class action suit. Hard to imagine what happens unless you were there how they use pressure tactics.
Please add us to this lawsuit, as well. We are going through Primo Management Group a timeshare cancellation company and they are trying their best to get us out. I would like to join this class action lawsuit because DRI is threatening to take us to court.
Please add me! Please please do something about this! It is awful that a company can continue to do this to people! I have emails and text to prove the fact that lie and manipulate. They make you sign it, promising all of these wonderful things and then never follow through and then stop responding to you. Apparently the state of VA you have 7 days to cancel so they call and text you during that time promising that they are working on doing these wonderful things for you. After the 7 days they stop responding and do not follow through with their promises. They are selling under false pretense and should be shut down! Please please contact me, I’d love to help shut them down and get my money back and everyone else.
Please add me to lawsuit. Diamond has lied over and over. Threats about upgrades for US to Hawaii.
To buy more and more. Said even in bankruptcy they will still get fees. I want out.