What is a Class Action Lawsuit?
A class action lawsuit has been filed against Diamond Resorts International, Inc. by plaintiffs Gisele Fournier, widow Rejean Fournier and members of their family. Diamond Resorts International Club Incorporated is being represented by attorneys. According to court documents the company is being sued because it engaged in deception and false advertising. This article will provide you with facts on these suits.
The Class Action Lawsuit states that Gisele and other members of her family were duped into purchasing timeshares from Diamond Resorts through high-pressure sales techniques.
Gisele and other members of her family were told that they would receive “gold” status points when they would purchase timeshares from Diamond Resorts. However, when Gisele purchased a timeshare at one of their properties, according to the class action lawsuit, she was not entitled to these points. Gisele and other plaintiffs then filed suit against Diamond Resorts. They are asking for compensation for pain and suffering, loss of future earning potential, medical bills and other damages.
Other plaintiffs who have filed suits against Diamond Resorts include Reuben F. Evans of San Diego, California, who are seeking punitive damages, and Paul J. Gruters of West Palm Beach, Florida who is seeking punitive damages on behalf of his wife.
The Class Action Lawsuit also says that Diamond Resorts International, Inc. and its president, Ronald J. Segal and C. Dean Hubbard contributed to the expenses that plaintiffs incurred while seeking to purchase a timeshare through the company. The plaintiffs also say that defendant had knowledge that its sales practices were deceptive and its marketing of timeshares in Florida was unfair.
Defense attorneys for Diamond Resorts say that the plaintiffs’ claims are false and that they will not admit liability.
“Plaintiffs deny owning a timeshare, maintain that the defendants marketed a timeshare in bad faith, that the advertising was deceptive and that they were never advised that their sales tactics were unfair,” said attorney Robert Lambros, of Palm Beach, Florida. “We look forward to an opportunity to present the facts in this case and to disabuse the claims of these plaintiffs.” Plaintiffs attorney’s counsel declined to comment. A representative for Diamond Resorts International did not respond to a request for comment.
The lawsuit says that during the time that plaintiffs were purchasing through hardings, they were subjected to many “invasions” of false advertising, deceptive sales tactics and other unfair practices.
Some of the accusations in the complaint deal with Diamond’s advertising and the way that the company advertised its timeshares in Florida. The plaintiffs claim that this was done in a way that was meant to make it seem like the Diamond timeshares were more popular than they actually were. This led to Diamond failing to meet its contractual obligations to sell its timeshares in Florida.
Other claims in the lawsuit deal with Diamond failing to deliver on its promises to sell its properties and failing to provide its consumers with a quality vacation experience.
Some of the specific claims in the class action lawsuit include: a claim that a number of the plaintiffs were not able to obtain a membership upgrade from Diamond when they claimed their contract would expire; that another group of plaintiffs were only able to get a membership upgrade after signing an agreement to purchase because they were not able to upgrade; that a number of plaintiffs were not able to upgrade their timeshares in Florida even though they were told that they qualified according to the terms of the Diamond’s sales pitch; and that one of the plaintiffs was forced into selling his property at a price substantially higher than what the contract allowed because he could no longer get a membership upgrade. All of these issues will be litigated in the class action lawsuit that is currently being filed against Diamond. A settlement has not yet been reached as of this writing.