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A class action lawsuit filed against Diamond Resorts International Club Inc. claims the timeshare company made several misrepresentations when selling timeshares to California consumers.
“The terms contained within the timeshare contract are completely different from the terms offered and promised during the timeshare presentation,” the complaint asserts.
Plaintiffs Matt and Janet Finazzo state that they are residents of California who were owners of a “Monarch” timeshare.
In April of 2014, they attended a Diamond Resorts gathering labeled as an “owner’s update” meeting, but the plaintiffs say it was actually a high-pressure sales presentation for a different “Life Vacations” timeshare.
The Finazzos claim that at that sales pitch they were told: 1) this new timeshare was an investment; 2) it was tax deductible; 3) it could be sold for a profit later; 4) it could be rented to earn more income; 5) they could refinance at a lower rate with any financial institution; and 6) the sales agents would be willing to act as their personal representatives and help rent the timeshare.
The class action contends that each of those representations was false and misleading. In actuality, the Finazzos say they were pressured into trading their existing Monarch timeshare for the Life Vacations, which they claim lost them approximately $20,000.
After the sale, the Finazzos discovered that they had less time at their timeshare than Diamond Resorts promised at the meeting.
Based on all of these misrepresentations, the Finazzos allege that “[s]hortly after being pressured into the deal, Plaintiffs expressed to Defendant a desire to cancel the contract before incurring further damages.”
According to the complaint, Diamond Resorts told the Finazzos that since they did not sign a document required by the federal Truth in Lending Act (TILA), that the sale was void and they would not incur any additional charges.
Again, the class action states that Diamond Resorts was deceptive, and the Finazzos continued to be billed almost $26,000.
The Diamond Resorts timeshare deceptive marketing class action lawsuit alleges that these “hard sell” tactics are common practice by Diamond Resorts representatives.
In addition, the complaint argues that Diamond Resorts controls or trains sales representatives to make such false statements, because Diamond Resorts profits from those timeshare sales.
The class action asserts that these misrepresentations are “untrue or misleading” statements, and are “unfair” business tactics in violation of California consumer protection laws.
The lawsuit requests certification of a Class of “[a]ll persons in California that entered into a timeshare contract with Defendant after Defendant failed to satisfy TILA requirements and/or made misrepresentations as to the nature of its timeshares.”
The class action seeks restitution for all potential Class Members, as well as injunctive relief prohibiting the Diamond Resort’s deceptive marketing tactics.
The Finazzos are represented by Todd M. Friedman and Adrian R. Bacon of the Law Offices of Todd M. Friedman, P.C.
The Diamond Resorts Timeshare Deceptive Marketing Class Action Lawsuit is Matt Daniel Finazzo, et al. v. Diamond Resorts International Club Inc., Case No. 5:16-cv-02256, in the U.S. District Court for the Central District of California.
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99 thoughts onDiamond Resorts Class Action: High Pressure Timeshare Sales Deceptive
Would like to join the class action lawsuit.
I understand maintenance fees, but it has gotten out of control and does not align with the sales presentations. Of course the sales presentation information is not put in writing. We own points in US and Hawaii and the fees are as much as a house payment each month now. Regulators in this industry, such as the CFPB, are way way overdue. Zero consumer protection.
Amen!
How do any of us join this lawsuit? We all sound like victims here-except my husband and I said NO multiple times-even when the big guns came out! We were subjected to several “mandatory” owner update meetings due to purchasing a Sampler program in 2014. An hour meeting turned into disgusting 4 hours and degrading comments made towards us by the arm-twisting sales people. 99% are LIARS!!! Worse than dishonest car salesmen!!!
Just had an interesting experience with these characters this week in Orlando. They also stated everything in the above article. Extremely unprofessional behavior!
We own timeshare in Orlando, and would love to know how to get rid of it.
They are deceptive and dishonest! We had timeshare with Polo Towers in Las Vegas and based in high pressure Diamond Resorts ‘owners update’ switched to points system. Used it for family vacation in Maui. Went to ‘owners update’ in Maui for one hour presentation where we were subjected to a 3 hour sales presentation where they tried to pit me against my husband because I refused the high pressure tactics and told my husband ‘let’s leave now–this is high pressure and stressful and there is nothing that you can say to make me sign up to pay you more $ for more timeshare poInts. We left and as we were going through another door we were accosted by another sales person still trying to get us to buy a lower priced version of what the first guys were trying to sell us for 3 hours. These guys don’t give up! If I were not there being what I’m sure they would call a choice name, they could have worn my husband down and he might have signed up to give them more $. File a class action-these guys are snakes!
We are scheduled to go to a seminar which Albert R. Strickland has already paid Diamond Resorts $200.00 which is not refundable he would like to join lawsuit
I live in Illinois, purchased timeshare with Diamond Resorts in Florida. I think anyone who purchased from Diamond Resorts should be included.
Thank-you.
I agree100%!!!
How does one join this lawsuit?
Thanks!
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
As well as Wyndham Vacation Owners Club. They do all the same things that are mentioned in this lawsuit.
I think Las Vegas Diamond Resorts should be added to lawsuit!!!
I think Miami Diamond Resort too