Michael A. Kakuk  |  November 4, 2016

Category: Consumer News

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diamond-resorts-internationalA 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

  1. Elizabeth MEZGER Heenan says:

    I have not only been pressured into buying more points but I was never told that part of my coll3ction was sold to Apollo but left the California collection out with rapidly increasing fees. I recently learned that Diamond was sold to Hilton with NO notification. The most frustrating issue is that I had some back health issues in 2019 and, in early January 2020 I send documents and a request to exit as long distance travel was too difficult. I sent notarized statements that my children did not want it. In July 2020 Inwas told that I had to pay the fees that year but could not use the points or give them away to family or friends. I was told that I would get escrow forms and instructions. This never happened and all I get now are bills and excess charges. They never respond to all of my inquiries. I have been very unsure about using timeshare exit companies as they seem like a scam too. I WANT TO BE A PART OF THIS LAW SUIT.

  2. Juan Viveros says:

    I want to know if they are allowed to charge service fees when we could not use our timeshare. Also, they added fees during Covid. I thought that was illegal in 2020 and 2021

  3. Virginia Lea says:

    Please add me to any lawsuits against Diamond Resorts.

  4. Virginia Lea says:

    Please add me as well: Yes Diamond Resorts milked me for ten’s of thousands of dollars making promises they did not keep. Told me I could use points to pay for my dues and fees. When I called to have them use my points for the dues all they said was we don’t do that you need to buy a higher value. At the time I had the highest value. Shame on them. Was told I could claim on my taxes, another lie. Dues doubled and tripled with no notice Finally got out through Westley Financial Group, they were great and got me out.

  5. Jose Corona says:

    I like to be added

  6. Bob says:

    Did not give in to buy into diamond resorts..but still holding monarch grand timeshare. Trying to get out..seem like the exit companies and Lawyers are worst than diamond. .still doing my homework lookin for a way out of the timeshare.anybody recommend a good lawyer?

  7. Manny Cid says:

    My wife and I were duped as well. The first time we tried using it, they took a credit card deposit but did not allow us to book a reservation for some reason. We stopped making payments but bill keep coming. we never used it.

  8. Falesha Brown says:

    Please add me. This is such my life right now.

  9. Patty Boyak says:

    We were upsold by DRI’s deceptive sales reps in 2016 & 2017 and they are still using deceptive sales tactics as mentioned in this lawsuit.

    In addition the class-action consumer lawsuits, the state government in Arizona has also piled on. In 2017, Arizona’s Attorney General announced that an investigation revealed “that Diamond USED deceptive sales practices and made numerous oral misrepresentations and false statements during timeshare sales presentations.” Diamond AGREED to pay $800,000 to settle the manner.

    To boot, even after DRI settled…they still are allowing their sales reps to continue to use those deceptive sales tactics. So how is DRI showing they care about their loyal members and the General Public. ??

  10. Kay Flynn says:

    We were told that if we got to gold it would pay for the MF. Well it did not. The MF was $450.00 a month. Since then my husband has passed away and my income is just a little over $2000.00 a month. I can not afford it any more and I have 4 contracts and they was $1000.00 per contract to transition out.

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