Fort Myers
A resident of Lee County is in the process of suing a Florida credit company. He has alleged that it has obtained unfair profit through unfair or deceptive trade commerce.
On November 30 2016, David Robinson (76) filed a lawsuit in the US District Court for the Middle District of Florida against American Consumer Credit LLC and John Does (1-15).
He has accused the above of violating the Federal Credit Repair Organisations Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Florida Deceptive and Unfair Trade Practices Act. He has also accused them of breach of contract, breach of expenses warranty, civil conspiracy, fraud, negligent misrepresentation and unjust enrichment in his lawsuit.
Mr Robinson bought a timeshare in the Avalon Resorts in Cancun, Mexico. He claims to have limited finances and has said that the decision to buy was ill-informed. He says that although he has done his utmost to keep up with maintenance costs and other fees (associated with timeshare ownership) he is now unable to cope financially with the substantial increases in the costs and fees over the last few years.
He has stated in the lawsuit that he has tried to eliminate his timeshare interest after being approached by American Consumer Credit LLC. Mr Robinson, has alleged that the defendants in the case failed to provide him with the necessary knowledge or paperwork to make an informed decision regarding eliminating his timeshare ownership. Mr Robinson claims that he never received a prior written statement advising him of his rights as a consumer and also they did not provide a cancellation form.
He has paid $1800 as credit services to cease his timeshare ownership and this was to be facilitated by the defendants licensed attorney. He was also advised that a money back guarantee was in place should the defendants be unable to end Mr Robinsons timeshare interest.
Mr Robinson has accused the defendants of not providing any evidence to him that any work had been performed on his behalf and that they have refused to give him the refund without give him and clear and justified explanation and that they have failed to refund him as a credit repair organisation.
Mr Robinson seeks a trial by jury, compensation (civil penalty) of up to $15,000, injunctive relief against further violations, actual, compensatory and punitive damages, costs, attorney fees and further compensation as justice requires.
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