On May 23rd 2016 there was a new Timeshare bill signed off by Governor Rick Scott in Florida in respect of two new timeshare legislations. The change states that an ‘Interest Holder’ who still owns deeded weeks of time are not Interest holders in the current points based system of an operator. It goes on to describe what an interest holder is, and this was proposed only weeks after Jeff filed a suit against Marriott’s Vacation Club.
Jeff Norton sued Marriott’s Vacation Club just shortly before the change in legislation was requested. The grounds upon which he sued them were due to their contracts being deemed illegal due to a points system that they were selling over and above the deeds a client already possessed, which clients were finding nearly impossible to use when or where they wanted. This is similar to the supreme court ruling in Spain that now deems points and floating weeks illegal.
Norton, the New York based lawyer, believes that MVC had something to do with the change in legislation, to prevent themselves being sued by potentially hundreds of clients. Even a member of the Florida watchdog group has deemed the legislation change dubious. Stating that the change ‘has the appearance of unethical influence’. He questions whether it represents misuse or conflict of interest.
MVC, under the previous legislation had no hope against the plaintiffs that were intending on suing them for the contract anomalies. However, under the change of legislation, hardly any of them will have a case against MVC. Is this simply an oversight, luck at the timing of change of legislation or that Marriott’s have such a strong political influence that they were able to influence a change in legislation to escape a huge hit?
ARDA (American Resort Development Association), along with two state legislators worked on the new bill. The State Legislators have specified that there were no particular entities being thought of at the time of the legislation being drawn. In fact, one of them, LaRosa, told how the legislation was meant to clarify how timeshare owners were able to cancel their timeshare contract. Both parties also stated that the legislation was not to benefit any operator. The bill was approved by both parties by unanimous vote, and it was agreed that there was a ‘need in the changes to the law’.
Marriott’s are now trying to get the case dropped that Norton and the plaintiffs have against them.
This just goes to show how powerful some timeshare resorts may be if they are able to influence the law. We at the TCA are not certain that this has happened, but there are certainly fingers being pointed! We would like to hear from anyone that may have suffered off the back of this legislation change, that were possibly involved in the original claim against Marriotts. Our contact details are below.
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