Timeshare Buyers Seek Class Cert. in Marriott Points Lawsuit

Marriott timeshare buyers recently requested Class certification in a lawsuit alleging that Marriott points program is a “scheme.”

The class action lawsuit, filed by Anthony and Beth Lennen in May 2016 and amended in October 2017, claims that Marriott misleads consumers when signing them up for their timeshare program.

Marriott allegedly makes purchases look like property sales and deceives customers with invalid real estate deals.

The Lennens claim that Marriott deceives customers because the “points” in their Marriott Vacation Club Destinations Trust Points Program, known as the MVC Trust, are used as salable real estate interests.

This alleged scheme reportedly allows Marriott to sell the real estate interests as timeshare estates without actually losing ownership of their related properties. This reportedly benefits no one but Marriott, leaving consumers with nothing.

“Through this action, plaintiffs will demonstrate that the MVC Trust is merely a scheme to sell illusory real property interests and that the instruments making the scheme possible are invalid and void,” the Lennens stated in their recent motion.

“Like the plaintiffs, there are tens of thousands of MVC Trust owners whose purchases of points made to look like real property were (and remain) subject to virtually identical instruments, including the MVC Trust consumer deed, and who underwent identical recording and indexing procedures overseen by Orange County.”

The Lennen plaintiffs recently filed a renewed motion for Class certification. They seek to represent a Class of current and former MVC Trust owners who owned the MVC Trust product since the trust’s inception on June 15, 2010.

The plaintiffs argue that the proposed Class is defined adequately because Marriott keeps records of every timeshare purchased, meaning that Class Members will be easily identified.

Additionally, the plaintiffs argue that the Class is large enough and consists of tens of thousands of individuals who are united by one “common, overriding” issue.

The motion follows a March 31 order by U.S. District Judge Carlos E. Mendoza which partially denied Marriot’s attempt to dismiss the suit. Judge Mendoza allowed some claims to stay after declaring the customer deeds void due to the fact that they do not contain any valid legal descriptions of property interests associated with the points. However, Judge Mendoza did cut claims under the Florida Civil Remedies for Criminal Practices Act.

The Lennens have repeatedly argued against Marriott as the company attempted to halt or dismiss the suit. In October 2016, Marriott argued that the suit should be halted so that the court could wait for the Division of Florida Condominiums, Timeshares, and Mobile Homes to issue their opinion on the legality of the MVC Trust.

The plaintiffs argued against this, claiming the division didn’t have the jurisdiction to halt the case. They argued once again against Marriott in January 2018 as the company attempted to dismiss the suit.

The Lennen plaintiffs are represented by Christopher S. Polaszek of The Polaszek Law Firm PLLC; Jeffrey M. Norton of Newman Ferrara LLP; Keith Mitnik and John A. Yanchunis of Morgan & Morgan PA; and Soomi Kim.

The Marriott Timeshare Class Action Lawsuit is Lennen, et al. v. Marriott Ownership Resorts Inc., et al., Case No. 6:16-­cv-­00855, in the U.S. District Court for the Middle District of Florida.

Read More Lawsuit & Settlement News:

Cinemark Class Action Says Blind Customers Can’t Get Tickets Online

IED Attacks in Iraq May Be Compensable Under Anti-Terrorism Act

Cento Fine Foods Class Action Says San Marzano Tomatoes Are Misrepresented

Can You Have a Knee Replacement More Than Once?