Judge Rules in Favor of Diamond Resorts, Allows Lawsuit to Move Forward
LAS VEGAS, Nov. 16, 2020 /PRNewswire/ -- Diamond Resorts®, a global leader in the hospitality, vacation ownership and entertainment industries, announces its lawsuit against Pandora Marketing (d/b/a Timeshare Compliance) and Intermarketing Media (d/b/a Resort Advisory Group) will proceed. A U.S. District Court Judge in California ruled that Diamond's claims against Timeshare Compliance and Resort Advisory Group for allegations of false advertising, tortious interference with contractual obligations and civil conspiracy will move forward. Diamond's complaint alleges that Timeshare Compliance and Resort Advisory Group falsely advertise services to help timeshare owners out of their contracts.
According to the lawsuit, these companies lure timeshare owners into paying large upfront fees — sometimes as much as $118,000 — but fail to deliver any legitimate service. In reality, these companies and the lawyers and law firms they partner with including Slattery, Sobel & Decamp LLP; Del Mar Law Group LLP; Carlsbad Law Group LLP; JL "Sean" Slattery; Unlock Legal, APLC; McCroskey Legal; and Miranda McCroskey mislead timeshare owners into breaching their timeshare contracts, which results in foreclosure and a negative impact on the owners' credit history. The lawsuit also alleges that Timeshare Compliance and Resort Advisory Group's advertisements make a number of false claims, including that they have a legal method to cancel timeshare obligations, that customers would receive a "money back guarantee" for results and that heirs of timeshare owners are financially obligated to continue paying timeshare interests.
The new court order outlines how these allegations supported claims for Lanham Act false advertising, tortious interference, civil conspiracy and violations of California's unfair competition law. In a separate ruling, the court also rejected arguments that California's Anti-Strategic Lawsuit Against Public Participation Law (Anti-SLAPP) applied to Diamond's claims. The court specifically held that communications made by defendants were not protected speech and were not made in connection with a matter of public interest.
"We are encouraged by these decisions and will continue to do everything in our power to protect our members from the fraudulent activity of these so-called 'timeshare exit' companies," said Mike Flaskey, CEO, Diamond Resorts. "It is so unfortunate, especially during these challenging times, that these unscrupulous companies try to prey on people by telling lies."
Diamond Resorts remains committed to protecting its members from so-called timeshare exit companies that not only hurt vacationers, but often break the law. In addition to this case, Diamond Resorts has pursued more than a dozen actions in courts across the country against numerous companies marketing themselves as third-party exit companies. Diamond has obtained more than 10 permanent injunctions.
While the vast majority of members enjoy their vacation ownership, Diamond Resorts also understands that life circumstances can change and provides options for members seeking to safely modify or leave their vacation ownership behind. To learn more about red flags and report possible fraudulent third-party exit activity, visit TimeshareCancellationAwareness.com.
About Diamond Resorts
Diamond Resorts® offers destinations, events and experiences to help members make a habit of breaking from the routine. From unforgettable getaways to exclusive concert series to VIP receptions and dinners, members turn to Diamond to recharge, reconnect and remind each other what matters most. Our focus on quality resorts, customer service and flexibility means members can return to a favorite resort, book a cruise to explore new countries or attend a once-in-a-lifetime event with the same level of confidence and anticipation. With access to a world of entertainment and activities, a Diamond membership ensures that people are always looking forward to vacation.
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SOURCE Diamond Resorts