Showing posts with label CFPB. Show all posts
Showing posts with label CFPB. Show all posts

David Siegel Back in the News Again

The first time we wrote about Westgate Resorts' CEO, David Siegel, was to talk about Versailles, David and Jackie Siegel’s 90,000 sq. ft. palatial home. The construction of the home and Siegel’s subsequent financial challenges in building it after the 2008 economic crisis, was made into a documentary that actually became a viral hit. The Siegels are back in the news again, but this time the news is not so innocuous.

Federal Consumer Watchdogs on the Prowl

The Consumer Financial Protection Bureau (CFPB) recently issued an order to determine if Orlando-based Westgate Resorts' sales people are violating federal law. According to a March 25 Orlando Sentinel article, a probe was launched to gather information on Westgate's timeshare selling and finance tactics. The Bureau order stated that it had received consumer complaints that suggested Westgate sales representatives made statements directly related to financing.

An attorney for Westgate, Kate Saft of Greenspoon Marder, provided this written response to the accusations, "Westgate cannot comment on the pending investigation except to say that it believes that it is in compliance with all consumer protection finance requirements under the CFPB’s jurisdiction."

Promises Unkept

Westgate already lost a legal war over alleged high-pressure sales tactics in Tennessee this past December. In the Tennessee lawsuit, Nathan and Patricia Overton bought a timeshare in Gatlinburg in 2011 for slightly less than $40,000. They claimed they were promised they would be able to use additional nights at other Westgate resorts for only $59 more per night. According to court testimony, when they tried to book the nights, they were told they didn't qualify.  Westgate's former sales manager was accused of high pressure sales tactics and the Tennessee judge agreed. The plaintiff's lawyers said they had heard similar complaints from other Westgate buyers.

The judge ruled that Westgate engaged in intentional and fraudulent conduct, and issued a $500,000 judgement against the company. A review of the $500,000 judgement was requested by Westgate, but was turned down by the U.S. Supreme Court. 

Initial Stage of Investigation

It's yet to be seen if Mr. Siegel can weather this new storm of controversy. He is adept at bouncing back from adversity, and seems to hold on to his empire even through numerous complaints and lawsuits. Westgate Resorts was founded by Siegel in 1982. More than 30 years later, the company consists of more than 13,500 villas at 28 resorts throughout the U.S. The company employs 10,000 people. 

The latest investigation of Westgate began in September 2015 and is in its initial stages.  Among other things, the CFPB is investigating possible violations of the Fair Debt Collection Practices Act, the Electronic Funds Transfer Act, and the Fair Credit Billing Act. 


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Reemergence of the “Hard Sell” in Timeshare?

Just when we thought the timeshare industry had tidied up its sales tactics, an article comes out like the one by Gretchen Morgenson of the New York Times, indicating that perhaps it hasn't.  Morgenson’s article, "The Timeshare Hard Sell Comes Roaring Back" zeros in on Diamond Resorts, and not just their particularly aggressive sales tactics, but some of their other business practices as well. Soaring maintenance fees, blocking club members from taking vacations where and when they want, and the difficulty of selling a timeshare, are also indicated as problems in Diamond's business practices.

Why Now?


The New York Real Estate News website TheRealDeal.com, has speculated at what's causing the return to hardball tactics. In "The Timeshare Business is Back, Hardball Tactics and All", the article suggests that maybe the industry has come full circle. Before the recession timeshare companies used the hard sell regularly, and now because of a strong luxury housing market, timeshare has reverted back to it.  

In the New York Times article, Morgenson shared a similar perspective, "After crashing in the financial collapse, timeshare sales are rising again, and with them high-pressure sales practices". 

More Oversight Needed?


Recent suggestions of a need for more oversight by the Consumer Financial Protection Bureau (CFPB) have been circulating in the timeshare industry.  (For anyone unfamiliar with CFPB, the company website states, "CFPB is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives").  The idea is that stronger government regulations should be created to regulate companies like Diamond and other large entities such as Marriott, Wyndham and Interval Leisure Group. 

Unfortunately, in almost all industries there will be scams and scammers, but we don't want to have a few bad apples ruin the great progress and growth the timeshare industry has made in the past few years. Owners, sellers and buyers must continue to speak up and identify bad practices and the companies that use them. Regulators like the Consumer Financial Protection Bureau as well as the self-regulating  industry association ARDA are there to keep industry abuses down. We want to know if you have experienced any problems you would like to share. Let us know if you think we need more regulations!

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