Timeshare interest companies are being sued by three New Jersey residents who allege that their their timeshare offers deceive consumers.
On 31st March 2016, Kelly Taylor, Gaetano Tirri and Brian Kalmus filed a class action lawsuit in U.S. District Court for the District of New Jersey Camden Division against several timeshare companies all trading as FantaSea.
Flagship Resort Development Corporation, La Sammana Ventures and Atlantic Palace Development Corp.
The class action alleges violations of the New Jersey Consumer Fraud Act, the New Jersey Fair Foreclosure Act, and the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act.
When the defendants sold their floating week interests in a timeshare property, they required purchasers to execute deeds-in-lieu of foreclosure, instantly ridding the purchaser of the property interests. This practice, the defendants allege, renders the transaction a scam and denies the purchasers of their statutory protections under New Jersey law.
The plaintiffs, and others in the class action, seek a jury trial, injunctive relief, declaratory judgment, actual and punitive damages, treble damages, rescission of the purchase contracts, plus attorney fees and costs.
The defendants, FantaSea, transferred the case to federal court because the amount in argument is in excess of $5 million. The class action consists of more than 100 members.
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk