Unethical timeshare sales tactics

[TexasTom]

What is the name of your state (only U.S. law)? Texas
A couple months ago, my wife and I attended (were bribed to attend) an owner update meeting (sales presentation) at a timeshare vacation resort where we have been owners since 1996. After several hours of being bamboozled and deceived, we finally succumbed to the stress and bought yet another timeshare weeek, that we simply can't use, although we could afford it (we paid cash). Lies presented to us by the salesman included (lie #1) the week sold to us was allegedly a discounted foreclosure price. (I doubt the alleged foreclosure discount, as this was in a newly constructed building). (lie #2) because it was a foreclosure, it was a really hot bargain that wouldn't last long and I needed to move fast before it got away. (I doubt it, foreclosures happen all the time). (#3) They talked and talked about how popular week 11 is for use during spring break (then the contract documents indicated a bait and switch to week 9, that was never discussed verbally prior to the contract preparation. Several weeks later I complained to the customer service department at this timeshare that I was victim of a bait and switch. They agreed to fix the week number problem and just this past week they sent to us a new contract to sign which swaps the previous week 9 contract with a new week 11 contract. We haven't signed it yet, but plan to do so soon. Because my wife and I cannot ourselves feasibly use this extra timeshare week and the timeshare legal department has told me by phone that they will not rescind the contract, even though it was based on verbal lies, I plan to merely rent it out to offset my losses. My question is this: I feel that I have an ethical obligation to warn others of this unethical sales tactic. Can I legally create a website to expose the unethical sales tactics imposed on me and my wife by this timeshare company, provided that I disclose only truth?What is the name of your state (only U.S. law)?

 

[Mass_Shyster]

(lie #1) the week sold to us was allegedly a discounted foreclosure price. (I doubt the alleged foreclosure discount, as this was in a newly constructed building).

They can call the discount anything they choose. They can call it an after Christmas sale. It doesn't rise to the level of misrepresentation

(lie #2) because it was a foreclosure, it was a really hot bargain that wouldn't last long and I needed to move fast before it got away. (I doubt it, foreclosures happen all the time).

Pure speculation, and sales puffery. "before it got away" could be ten years. "Long" is a very subjective term.

(#3) They talked and talked about how popular week 11 is for use during spring break (then the contract documents indicated a bait and switch to week 9, that was never discussed verbally prior to the contract preparation. Several weeks later I complained to the customer service department at this timeshare that I was victim of a bait and switch. They agreed to fix the week number problem

So they fixed the mistake.

Can I legally create a website to expose the unethical sales tactics imposed on me and my wife by this timeshare company, provided that I disclose only truth?

Yes, you can create a website disclosing only the truth, but remember, truth is an defense in a defamation suit. That means the timeshare can sue you, and the burden of proof will be on you to show that they lied. That's a pretty tough nut to crack, when the only evidence you can present is your own self-serving testimony.

In short, you're probably opening yourself up to a lawsuit. You're probably better off posting on one of the numerous timeshare horror-story websites already out there.

 

[eerelations]

Ummm...all timeshare sales tactics are unethical (and often illegal!), and I think many people already know this.

 

[Mass_Shyster]

Ummm...all timeshare sales tactics are unethical (and often illegal!), and I think many people already know this.

Ummm... Was it unethical when I showed up for a timeshare presentation with no intention to buy, for the sole purpose of getting discounted Sea World tickets? (They seemed pretty annoyed at me)

 

[TigerD]

Ummm... Was it unethical when I showed up for a timeshare presentation with no intention to buy, for the sole purpose of getting discounted Sea World tickets? (They seemed pretty annoyed at me)

Nobody goes to those things with the intent to buy. you wanted something for nothing and chose to purchase their product. Good sales people.

DC

 

[Mass_Shyster]

Nobody goes to those things with the intent to buy. you wanted something for nothing and chose to purchase their product. Good sales people.

DC

I meant (but failed to clearly write): Was it unethical of me to go there for the discounted tickets and not buy their timeshare?

 

[quincy]

It is not unethical to attend a timeshare presentation only for discounted tickets, just as it is not unethical to eat the tiny boxes of free Kellogg's cereal your postman brings. Certainly the timeshare folks HOPE you will purchase a timeshare, just as Kellogg's hopes that you will purchase a big box of their cereal next time you go shopping, but whether you do or not is entirely up to you.

The timeshare presentations are advertising tools and nothing more.

So, you were invited to attend the meeting in exchange for discounted tickets, and your only obligation was to sit through the sales talk.

How was Sea World?

 

[Mass_Shyster]

It is not unethical to attend a timeshare presentation only for discounted tickets, just as it is not unethical to eat the tiny boxes of free Kellogg's cereal your postman brings. Certainly the timeshare folks HOPE you will purchase a timeshare, just as Kellogg's hopes that you will purchase a big box of their cereal next time you go shopping, but whether you do or not is entirely up to you.

The timeshare presentations are advertising tools and nothing more.

So, you were invited to attend the meeting in exchange for discounted tickets, and your only obligation was to sit through the sales talk.

How was Sea World?

Sea World was great. The last time I was there (1978?) I was bored out of my mind. Now they have a roller coaster and rides. No line for the roller coaster while Shamu is performing!!!

The funniest part about the timeshare was how the price drops. Originally, a 3 bedroom unit was $30K. The next deal was 1 and 2 bedrooms, alternating years for $20K. Finally, the manager offered me his super-secret pre-construction deal of the alternating year unit for only $11K.

On the drive to Miami, I called a number form a billboard offering to buy your timeshare. I said I wanted to buy one at that complex. They had the $30K deal for week 52 (between christmas and new years??) for $3K.

Oh yeah, the pirate show was pretty good too. I think of it every time the credit report ad comes on TV.

 

[quincy]

So sitting through the timeshare presentation was worth it then. Shamu, no lines for the roller coaster, AND you saved $11,000!! Not too shabby.

I attended an investment presentation once, lured by the offer of a free meal. The meal was decent. The presentation was unbearable. I didn't invest.

 

[Mass_Shyster]

So sitting through the timeshare presentation was worth it then. Shamu, no lines for the roller coaster, AND you saved $11,000!! Not too shabby.

I attended an investment presentation once, lured by the offer of a free meal. The meal was decent. The presentation was unbearable. I didn't invest.

No, no. I saved $30,000.

 

[quincy]

Ha. $30,000 DOES sound much better.

 

[TexasTom]

They can call the discount anything they choose. They can call it an after Christmas sale. It doesn't rise to the level of misrepresentation

Pure speculation, and sales puffery. "before it got away" could be ten years. "Long" is a very subjective term.


So they fixed the mistake.



Yes, you can create a website disclosing only the truth, but remember, truth is an defense in a defamation suit. That means the timeshare can sue you, and the burden of proof will be on you to show that they lied. That's a pretty tough nut to crack, when the only evidence you can present is your own self-serving testimony.

In short, you're probably opening yourself up to a lawsuit. You're probably better off posting on one of the numerous timeshare horror-story websites already out there.

Thanks for the feedback and the inspiration . . .
I think I am willing to run that risk. I believe I can start my website content with the timeshares company's own literature that invites current owners to what they call an "Owner Update Meeting". They are very cautious not to accurately call it a 'sales presentation' as that would definitely scare aware their victims. They can't refute their own literature.
I also have documentation to substantiate that the timeshare company imposes their extremely high pressure sales pitch on victims who are already current owners during their current vacation week. The descriptive phrase "Extremely high pressure" is accurate in the eye of the beholder, and relative to ones frame of reference. . . just as is their phrase "hot bargain".
I believe I can also call attention to the fact that they have frequently used in the past a straw man fallacy or tactic of presenting prospective victims with two timeshare weeks that are available for sale . . . the straw man week is offered at some ridiculous price of $50K to $80K, which I would be surprised if anyone on the planet has ever purchased. The second week is from their regular sales inventory (alleged to be a hot foreclosure bargain week) which is offered at their inflated MSRP, which is typically about 10 times what is routinely found on eBay. The sales person doesn't ask their victim if they want to buy either of these weeks, the question is always posed as which of these units sounds better to them. When the unsuspecting victim says the lower priced unit rather than the straw man unit, then the sales person immediately hammers on the erroneous conclusion that the victim must want to buy that lower priced unit, because they said it was better. I think I can make the case that this argument fallacy is similar to a choice between two forms of punishment . . . say lethal injection or the guillotine.
I can also call attention to their insistance that the victim make this purchase happen immediately, so that the victim can not perform any kind of due diligence such as a websearch of timeshare scams. . . or research what is available on eBay. I need to copy these thoughts over to my website construction area. Thanks again for the inspiration.

 

[quincy]

Whoa, Texas Tom! Did you skip over the part where Steve said, "You're probably opening yourself up to a lawsuit"???

If you are intent on "exposing" this timeshare company by devoting a website to their sales tactics, at LEAST have an attorney review the material you propose to publish on your site BEFORE you publish.

In just your posts above, the language you used could easily attract a lawsuit. You would have a VERY difficult time using truth as a defense if you use terms like "bamboozled" and "deceived" and "unethical" and "lies" and "allegedly" and "victim" and "scam" and "erroneous" and "fallacy" and "tactic" and "punishment" and "lethal injection or the guillotine" (although this latter one would probably be seen as hyperbole).

You can safely say what YOU experienced (FACTS ONLY, no embellishments). Let the readers of your website draw their OWN conclusions from what you experienced. DO NOT draw conclusions for them. DO NOT make generalizations about the company as a whole based on your one personal experience. And you would be wise to avoid singling out by name any sales people you encountered.

You cannot save people from themselves. Just as Steve went for the discounted tickets and I went for the free dinner, others will go to these presentations for the promise of a trip away from home. Some will be able to resist the sales pressure, as Steve and I did. Others like you will wind up with a timeshare week that they don't want and can't use. That is life.

BUT, without PROOF that everything you say is true or pure opinion, you are liable to lose one heck of a lot more money than you lost on your second timeshare week. Defending against a defamation action is expensive - losing the action even more so.

 

[cyjeff]

And before you start going down the road, you have to understand that you are not the first person that is upset with them.

Almost assuredly, they have a lawyer on staff whose whole purpose in life is to immediately sue you whenever you put up something like that.

Yes, they may lose. But you will end up paying a fortune in legal fees JUST to stay in the game long enough so that you don't have to pay THEIR legal fees (which will be the cost of dropping the suit).

I recommend against it.