Friday, February 8, 2019

There Aren’t Enough Cliches To Describe These Proposed Laws

The people who run the very large timeshare industry in Florida have proposed some significant changes to the existing laws as they pertain to the so-called timeshare exit companies. 

You can read the entire proposed bill here:  http://m.flsenate.gov/session/bill/2019/435/billtext/filed/pdf

Now while I agree that consumers are being ripped off at an alarming rate by the vast majority of these firms, some, if not most of the proposals being put forth are laughable. If this isn’t a case of the pot calling the kettle black, I don’t know what is. 

While these proposed rules and oversights directed at timeshare exit companies, are well intended and do provide some protection for consumers, I feel strongly that they go above and beyond current rules and oversights in place for the timeshare industry. If the legislature chooses to implement these rules, I ask that similar rules be implemented for the timeshare developers engaged in the sale of timeshare interests, whether weeks or points. 

In particular I find that if the consumer is to be provided with a copy of the agreement to review at least 1 business day before the purchaser is to sign the agreement (Lines 316-318), the same methodology must be implemented by the developer attempting to sell a timeshare interest. It’s important to remember that the current paradigm of a “90 minute sales presentation after which the consumer is forced to make a purchasing decision or forfeit their right to make a decision in the future without benefit of seeing, much less reading the contract, POS, etc.” was instituted 40 years ago by the timeshare industry and can be easily changed if they wanted to change it. 

Additionally I find that if exit companies are to perform “random recording and testing of the oral representations made by employees or independent contractors
engaged in sales or other customer service functions, if the provider uses telemarketing” the timeshare developer should do the same as a way to protect the interests of the consumer. 

If a consumer is to be informed about options before dealing with an exit company, then should timeshare developers not give out similar options to consumers, such as AirBnB, etc?  At the very least, the timeshare seller should be required to make it clear that they are working in the interests of the developer, such as a real estate agent must disclose they are a seller’s agent. 

These are just a few of what I consider salient points of this proposed legislation that deserve a very careful review. As I said, at first glance it seems both innocuous and a boom to consumers. Read it again. 

Of course, none of these proposed rules and oversights would be necessary for timeshare exit companies if in fact the timeshare developers themselves offered viable alternatives for consumers who for one reason or another, do not want their timeshare interest any longer. The timeshare industry has done everything in its power to suppress a secondary market, thereby opening the doors for these exit companies to thrive as consumers feel they have no other choice. 

If you feel strongly about this, as I do, here’s who you should contact

Senator Travis Hutson

Representative Mike LaRosa

Representative Wyman Duggan


1 comment:

Irene Parker said...

Many complain about timeshare sales practices, but when it comes time to question legislation like this, not many expend the effort. I hope others will become involved, especially Florida residents. What do you think this means? Craft Activity? "Commercial communication" means any form of communication that is designed to promote, directly or indirectly, the goods, services, or image of a company, organization, or person pursuing a commercial, industrial, or craft activity or exercising a regulated profession.