A class action legal suit was filed in May 2016 against the timeshare conglomerate Marriott Vacation Club.
They are contending with part of their customer base regarding the ‘point system’ that has been introduced and sold to many of the timeshare owners.
The case against Marriott’s has alleged that the point system is ‘racketeering’ and the customers are not happy! The good name of Marriott’s (stated by Sandy Grey) is having to face it’s customers anger and the timeshare name and timeshare points are being dragged through the mud.
Marriott’s (the Orlando based timeshare company) did not formally respond to the lawsuit until October 2016. Their answer was to form a motion to dismiss the claims.
In the latest developments the Orange County and Martha Haynie, it’s comptroller has been dismissed as co-defendants in the case.
The Marriott’s Points programme was introduced in 2010 to replace traditional sales of timeshare weeks at specific resorts. This means that when you buy a ‘right’ that can be sold on to others, however when you buy timeshare on a ‘points system’ you buy a personal right or a membership to the club, it can only be transferred with the agreement of the club. The lawsuit is specifically aimed at the points system.
The complainants are Mr Anthony and Mrs Beth Lennon, they bought into timeshare at Crystal Shores in Marco Island, Collier County but their deed was recorded in Orange County.
Marriott timeshare customers allege that they pay fees associated with owning real estate and not club membership, fees such as closing costs, recording fees and real estate taxes, even though they don’t actually own any real estate, the case states this may be unlawful.
Marriott’s response in their motion to dismiss the case is that ‘consumers have mis-read the statutes that they say have been violated’. Marriott’s have declared that the case and allegations are without merit and that they fully comply with applicable law.
In the case of Orange County and Martha Haynie’s office, it was accused of recording fake deeds, however it was argued that recording the deeds doesn’t bestow any legal sanction on it.
District Judge Carlos Mendoza ruled that Haynie should be dismissed from the suit, because the customers failed to pre-notify her office of their lawsuit (a letter before action) on 4th January.
Allegedly the deeds that are recorded in Orange County for Marriott timeshares have completely meaningless codes that only refer to contracts with Marriott and are not actual real property which makes them unlawful.
The attorneys are seeking from the court an order to make the points system unlawful. They advised Marriott’s ‘points program’ is unique among timeshare companies.
The will also be claiming compensation for the customers.
It is expected that Judge Carlos Mendoza will rule shortly on whether or not the case will be thrown out of court.
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