By Larry Lobbyist, a Westgate Timeshare Hostage
Join us as we protest outside of the Westgate Annual Meeting on January 5th near Westgate Lakes in Orlando during the hours of 9 am to 6 pm. Join us when you can, for as long as you can. We will not hold you hostage! The Annual Meeting begins at 6 pm. Volunteers have researched the rules and laws that allow our protest.
If you are able to attend, join our Westgate Timeshare Hostages Facebook Group. The group was launched at the end of December 2021. Membership has grown to over 1,500 members. #StrongerTogether #WestgateProtest
Westgate claims that thousands of people love their Westgate timeshare – THEN WHY NOT RELEASE THOSE WHO DON’T? Many of us have reported that we were told we could rent out our timeshare to cover costs. Since this is hardly possible, due to fees and obstacles detailed in prior reports, many are left with little choice but to default. One veteran, who served 24 years overseas, and is awaiting a lung transplant as a consequence of his service, reported that he had been promised the ability to rent to cover costs. Westgate denied him a hardship release. As a result of his loan default, his security clearance is in jeopardy.
Does the Florida Attorney General Protect Developers from Consumers?
Florida Attorney General, Ashley Moody, along with the Florida Department of Business & Professional Regulation (DBPR), claim that “proof of deception” is needed. A Public Records Request, filed with the state of Florida, produced 584 complaints (over 4,000 pages). The dollar amount totaled over $4 million. Nearly half of the complaints complained of being assured it would be easy to rent out the timeshare to cover costs.
We are encouraged by governmental agencies that seem to be taking note. The Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), as well as several military and veteran organizations, weighed in about the harm done to active duty service members who can easily find their security clearances in jeopardy due to a timeshare default:
As reported by AARP, in 2020, the FTC initially listed Timeshare Sales at #7 on their Top Ten Scams List (later Timeshare Sales dropped to #9). Timeshare Resales (fake buyers) came in at #10.
- Romance Scams$83.7 million
- Imposter: Government: $61 million
- Prizes, Sweepstakes and Lotteries: $51.4 million
- Impostor: Business $34.3 million
- Investments: $25.4 million
- Computer Tech Support Scams: $24.1 million
- Timeshare Sales: $17.4 million
- Impostor: Family/Friends: $17.1 million
- Online Shopping: $14.2 million
- Timeshare Resales: $12.5 million
The oral representation clause, buried in fine print, should be disclosed PRIOR to a sales presentation. Shouldn’t the consumer be informed BEFORE listening for hours to a tag team of salespeople – that you should not believe a word a sales agent says?
The Public Offering Statement (POS) discloses the oral representation clause (non-reliance clause), along with other important information. As documented below, the Public Offering Statement one of our Westgate hostages received was hidden from view. In addition, a lawsuit complaint, Moore Vs Westgate Case 3:18-cv-00410, Eastern District of Tennessee, Knoxville Division, also mentioned that the POS was hidden:
2 . Westgate relies on its closing agents to provide written disclosures but then provides them with a closing folio to use that contains a “secret pocket” where the closing officers can conceal legally required disclosures about the purchasers’ rights, including their statutory right to rescind their purchase.
34. Defendant hid the public offering statement on a flash drive containing hundreds of pages of documents. Defendant’s surreptitious behavior prevented the Plaintiffs from ever finding the public offering statement.
How would a purchaser find it in a timely manner? The burden should be on the resort to present the POS conspicuously.
Follow this link to see the full video of the search:
The Secret Compartment Holding the CD-ROM:
Top photo: Bottom left side with the Westgate emblem is a compartment the size of a CD-ROM, Middle bottom photo: Taken with a flashlight shows the secret compartment that held the POS; Left bottom photo: Taken without a flashlight.
Florida’s Timeshare Act was amended to allow all documents to be provided electronically.
Florida HB 575 was signed into law this year allowing all contract documents to be provided electronically, including the Public Offering Statement. Instead of being presented at or prior to signing a timeshare contract, as mandated in other states, the purchaser now has 10 days to review the POS. One of the four sentences on the cover of a Florida 3/8/2018 POS advises in all caps:
DO NOT RELY ON ORAL REPRESENTATIONS
For those who have been wronged, Jan 5, 2023, is your chance to be heard. Let us know if you are on board to be a catalyst for change.
Related articles, including 31 families forced to default and unable to rent to cover costs:
Bluegreen Account Suspension for Renting, Angela, October 7, 2022
Wyndham Sues Their Agent for Renting September 23, 2022
Nine Westgate Families (2 – 10) March 4, 2022
Exploria v Austin Aaronson March 11, 2022
Vacation Village March 18, 2022
Vacation Village (2)
Vacation Village (3) July 1, 2022
Westgate by Abdur Rashid (11) April 22, 2022
Jackie’s Vacays Westgate (12) June 10, 2022
Branson’s Nantucket (3) May 13, 2022
Diamond Resorts including Veteran David Young (3) August 26, 2022
Westgate Arbitration and the Military Lending Act Lawsuit June 17, 2021
PDF Link: Westgate Case No 8;22CV-0028-CEH-JSS
Are my Consumer Rights being eroded? February 25, 2022
Thank you, Larry Lobbyist, this has certainly given our readers plenty of examples of why a “Protest” by you the consumer is so important, it needs numbers to have any impact in the media. To us it is a news story, to them, it is a small number of no significance, unless they “smell” a bigger story they will have no interest, so your support is vital. If you are unable to attend, even for a short while, you can have an impact, use your social media and flooding it with posts leading up to the day and especially on the day itself.
IT IS YOUR VOICE: USE IT!
Details and directions are available on our events calendar and can be found at this link:
That is all for this year, it just leaves us to wish you a very Happy & Prosperous New Year from all at AIT & TARDA, and thank you for your support.