Understandably, frustration has set in among many owners of the resort that are or may be affected.
Sadly, this frustration has taken a nasty turn...I've been accused of being a shill for Festiva...NOT TRUE. The Finn Law Group has been accused of not being a real law firm...NOT TRUE. And so on.
What follows is an unedited response from Michael Finn of the Finn Law Group:
Of
course it's disheartening to hear that Finn Law Group is being characterized as
being part of the problem and maybe even being controlled by the Defendants.
It's further a frustration that I cannot divulge the status of the settlement
negotiations because of the imposition of confidentiality that governs all
settlements activities, this one being no exception. There are some statements
I can make that shouldn't impact the settlement discussions, and I do feel
compelled to defend my firm's efforts to obtain some recompense for the injured
owners.
First,
know that I believe the settlement negotiations have been mostly successful and
we well should have a proposed resolution prior to the court ordered mediation
date of Dec 16th, 2015. We have the framework of a potential resolution already
in place, and, as they say, the devil has been in the details.
More
importantly perhaps, at least to me, is addressing the insinuation that I've
somehow, after 45 unblemished years of law practice, fallen in with the very
industry I've been battling over the past 5 years. Believe me folks, no one on
the timeshare developer/operator side of the equation is inclined to even speak
to me, and selling out my clients after all these years is not even possible.
They can't print that much money.
Please
do recall that Celebration World, a defunct company did not sell or transfer
the subject resort to Festiva. Festiva purchased the assets from a third party
who obtained the Celebration assets after Celebration defaulted on their
secured debt to this third party. Neither Festiva nor RCI, the prominent
defendants in our litigation, were directly involved in either the default nor
the repossession of Celebration Word assets. Many of you received notice from
the State of Florida's DBPR (Department of Professional Regulation) that they
had investigated the complaints of Celebration World owners, and in their
opinion, nothing inappropriate occurred and further that they planned to take
no action against any of the players, including our named Defendants.
Finn
Law Group saw things differently and with the involvement and direction of the
class representatives, brought suit on their behalf. Class action litigation is
costly and time consuming with no guarantees of a win. We've invested a lot of
time and money in this, and owe a duty of loyalty to our clients, the class
representatives. We have yet to receive a penny on this matter and are
therefore perhaps the most unhappy participants in this oft delayed ordeal.
I
can deal with all of the above, but what is a bitter pill for me to swallow
after taking the risks I've taken, is being accused of being the reason for the
delays in the proceedings, when exactly the opposite is accurate. I know you
folks are looking for the source of delay to blame but to castigate the only
law firm who's tried on their own dime to make some of this right, is simply
inaccurate, and a tad hurtful!
I
can't offer more than this at this time but I do hope the coming holiday season
will be good to all of us similarly situated participants in this sad clean up
of what should have been far better handled by the regulatory agencies who sat
back and did nothing. Perhaps if you're looking for someone to be upset with,
that might be a better place to start.
Mike
Finn
3 comments:
Hi Lisa. I have been following your blog about Celebration World Resort/Festiva/RCI. We moved to Australia in 2008 and wondered if you had any contacts here regarding this ongoing dispute. We get extremely frustrated trying to speak to people in America and get no answers. As everyone else mentions, since having our points reduced, we wont be able to afford a holiday in the USA again. Makes us wonder what is the point of paying all our fees when there is now no benefit. Regards Jill S.
Thanks for reading, Jill.
Since I am not an attorney, I can not say for certain if the Class Action suit now in progress will cover non-US citizens.
Your best course of action is to contact the law firm directly via e-mail.
Thanks for your response Lisa.
I will try and contact them thanks.
Regards Jill
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