Friday, July 12, 2013

How Much Has Changed From 2005? Absolutely NOTHING

I found this article while doing some research for a future article.  Although this particular suit was brought against Festiva...I'm NOT aiming this post at Festiva, because as we all know, this happens all the time at practically every single timeshare resort in the country.

According to an article published by the Springfield, Missouri News-Leader, Festiva timeshare resorts will pay $339,000 to the State of Missouri and to Festiva timeshare owners participating in the lawsuit, for using what was determined to be, “false and misleading sales tactics while selling timeshares at a Branson resort.” The action specifically refers to timeshare sales at the Cabins at Green Mountain near Branson, Missouri, which are owned and marketed by Festiva Resorts, an Ashville, North Carolina company.

Missouri Attorney General Jay Nixon’s office originally brought suit against Festiva timeshares in 2005. In the Attorney General’s news release, issued at that time, the lawsuit alleged that, “Festiva lured consumers by falsely promising to:
  • Help them sell other timeshares they owned.
  • Help them rent out timeshares they bought from Festiva.
  • Help them get good deals on condo rentals in attractive locations.
  • Help them get good deals on vacation packages.
  • Give refunds to those dissatisfied with their purchase.

Nixon also says Festiva didn’t give consumers enough time to make decisions, creating a sense of urgency and a high-pressure sales environment.”

An unidentified number of consumers will receive a total of just over $324,000 collectively, and the state will receive $15,000 for civil penalties and costs. Of the settlement to consumers, $106,885 will go to customers who complained to the attorney general’s office before June 25, 2005, and use their timeshare at least once. The balance, $217,508, will be distributed to consumers who filed their complaints before June 25 and never used their timeshares.

If a Festiva resort timeshare owner, who is part of this lawsuit, used his timeshare at least one time, he is given the choice to: deed the timeshare unit back to Festiva and receive a partial refund; keep the timeshare and receive a small cash payment; or keep the timeshare and receive a free upgrade from the resort. If the timeshare owners who participated in this lawsuit have never used their timeshare, they have a choice to receive a portion of what they paid Festiva and then return their deed to the company.

What's of interest to me here is that all of these false promises are still being made on a daily basis all around the country and more importantly, that consumers are believing these false promises on a daily basis all around the country.

"Didn't give consumers enough time to make decisions, creating a sense of urgency and a high-pressure sales environment."  SOUND FAMILIAR?


  1. Great post! I am wondering why doesn't timeshare get the attention it should? How could something like this go one for such a long time and no one does anything about it?

  2. This is right. Timeshare companies who do this are the reason why the timeshare industry has received a less than stellar image. There really are many benefits to timesharing as long as you know the right company to trust. We experience the same thing in the timeshare industry here in the Philippines. I wrote a blog about timesharing in the Philippines; if you are interested, you can visit it at