When someone is caught, charged and prosecuted as a sex offender, they lose a great many rights they once had. Depending on the state, they have to register themselves as an offender, alert their neighbors and even keep a safe distance from any public place where children congregate. It’s likely a majority of Americans feel that these restrictions are warranted and even wise, but now some sex offenders are fighting against rulings that ban them from using social networking sites, such as Facebook.
Claiming free speech rights, these sex offenders are challenging the rulings that prevent them from using certain sites and services on the internet: Sites and services which could allow them an avenue to commit the same crimes all over again.
For their part, Facebook and LinkedIn have gone on record by altering their policies to show their support of these kinds of bans against sex offenders.
According to the Chicago Tribune, several sex offenders in Indiana, Nebraska and Louisiana have been able to successfully challenge these rulings, arguing that the use of social networking and other online discussions is a part of their human rights to free speech. Many authorities are in support of the bans, saying they are necessary to keep children safe from these predators when they are online. Often, these children can be online without their parent’s knowledge, making the restrictions all the more important.
In Indiana, the American Civil Liberties Union (ACLU) is heading the fight on behalf of a man who has served a 3 year sentence for child exploitation, as well as other registered sex offenders who are out on probation but are still affected by the ban.
Thursday, Judge Tanya Walton Pratt of the Indianapolis U.S. District Court questioned attorneys about sex criminals’ rights, and whether denying them access to Facebook and other sites like it infringe on their free speech.
Attorney for the ACLU Ken Falk argued the 4-year old law was meant to protect children, but instead it is stopping these registered sex criminals from expressing their political and religious views on websites which allow you to leave comments via your Facebook login.
According to the Associated Press, Falk believes this law violates the rights of communication, which the U.S. Supreme Court has ruled is guaranteed by the First Amendment. Falk also argued that the ban is unnecessary in the state of Indiana, saying there is already another law which makes using the internet to contact a child for sexual purposes a crime.
Indiana Deputy Attorney General David Arthur argued that the 2008 ban is limited to social networking sites, and therefore doesn’t stop a sexual criminal from communicating with a child in some other way.
“We still have television. We still have radios. And believe it or not, people still talk face-to-face,” he said. Arthur also said the ban doesn’t extend to email or message boards.
“It’s not enough to say that the plaintiffs can still write letters or go to meetings,” Falk said, claiming it’s unfair to insist the criminals not be allowed the privilege of online communication.
“These are not adequate alternatives for instant communication.”
Wednesday, June 6, 2012
Do You Think Sex Criminals Ought To Be Allowed On Facebook?
When someone is caught, charged and prosecuted as a sex offender, they lose a great many rights they once had. Depending on the state, they have to register themselves as an offender, alert their neighbors and even keep a safe distance from any public place where children congregate. It’s likely a majority of Americans feel that these restrictions are warranted and even wise, but now some sex offenders are fighting against rulings that ban them from using social networking sites, such as Facebook.
Claiming free speech rights, these sex offenders are challenging the rulings that prevent them from using certain sites and services on the internet: Sites and services which could allow them an avenue to commit the same crimes all over again.
For their part, Facebook and LinkedIn have gone on record by altering their policies to show their support of these kinds of bans against sex offenders.
According to the Chicago Tribune, several sex offenders in Indiana, Nebraska and Louisiana have been able to successfully challenge these rulings, arguing that the use of social networking and other online discussions is a part of their human rights to free speech. Many authorities are in support of the bans, saying they are necessary to keep children safe from these predators when they are online. Often, these children can be online without their parent’s knowledge, making the restrictions all the more important.
In Indiana, the American Civil Liberties Union (ACLU) is heading the fight on behalf of a man who has served a 3 year sentence for child exploitation, as well as other registered sex offenders who are out on probation but are still affected by the ban.
Thursday, Judge Tanya Walton Pratt of the Indianapolis U.S. District Court questioned attorneys about sex criminals’ rights, and whether denying them access to Facebook and other sites like it infringe on their free speech.
Attorney for the ACLU Ken Falk argued the 4-year old law was meant to protect children, but instead it is stopping these registered sex criminals from expressing their political and religious views on websites which allow you to leave comments via your Facebook login.
According to the Associated Press, Falk believes this law violates the rights of communication, which the U.S. Supreme Court has ruled is guaranteed by the First Amendment. Falk also argued that the ban is unnecessary in the state of Indiana, saying there is already another law which makes using the internet to contact a child for sexual purposes a crime.
Indiana Deputy Attorney General David Arthur argued that the 2008 ban is limited to social networking sites, and therefore doesn’t stop a sexual criminal from communicating with a child in some other way.
“We still have television. We still have radios. And believe it or not, people still talk face-to-face,” he said. Arthur also said the ban doesn’t extend to email or message boards.
“It’s not enough to say that the plaintiffs can still write letters or go to meetings,” Falk said, claiming it’s unfair to insist the criminals not be allowed the privilege of online communication.
“These are not adequate alternatives for instant communication.”
Wednesday, July 20, 2011
It's Rock and Roll Time for Westgate Resorts- CLASS ACTION BOYS, Robert Paisola Reports Live
This is an Official Western Capital VIP Announcement on
Westgate Resorts and David Siegel
Updated July 19, 2011
Comments from Utah Stories and National Boards
Before you Read this.. See what one VIP Client has to say ...
AND.....
 |
| Robert Paisola, CEO of Western Capita |
To our friends around the country:
As many of you know, we have been dealing with Westgate Resorts and its CEO, David Siegel, now for over three years. We wanted to let you know that we are having progress, (just Google Western Capital v Westgate Resorts) and you will be able to see all that we have done.
This is the copy of an EMAIL that was sent to one of our VIP clients.
Listen Carefully, Tell them to go to hell and DO NOT PAY THEM. We have many victims in line for a class action lawsuit against this company. This is the kind of email that we receive on a DAILY BASIS:
From The National Wire Services on Siegel
Next, We are Announcing that Western Capital International has formed an Alliance with 500 Westgate Resorts Victims and 47 Employees and Former Employees for the purpose of filing a National Class Action Lawsuit against Westgate Resorts and all of The David Siegel Companies, including Planet Hollywood in Las Vegas.
Special thanks to the Western Capital VIP Staff and our newest VIP CLIENT (Client Data is Always Confidential) , for the extensive legal data that has been done and will be needed to do this. Special thanks to the current employees at Westgate who are also assisting us. Your confidentiality is absolutely assured. If you are a victim of Westgate Resorts, Do your research on this project and then visit www.WesternCapitalVip.com and email us at westgate@mycollector.com .
A National Conference Call will take place in the near future for the 500 New Clients and the Current Western Capital VIP Client Base (You MUST have a valid Client ID and Access Code to be present) to discuss this matter in detail.
Note to the media: The Conference Call is Closed to the Public. We will not be able to officially comment on this matter until the case is filed in Federal Court. Members of Law Enforcement will be present on the call. Our estimation is that there are over 100 Million Dollars in Damages just from what our teams have been able to uncover from (Read about David Siegel's House and Asset Sale Below) Westgate Resorts and David Siegel. (Our legal team will also be discussing this during the call) If you are a Current Westgate Employee who has been assisting us in Florida (Deeding Department and Compliance) or Las Vegas, you will be able to attend, email for details. All parties will be required to sign a confidentiality agreement, and the call will be monitored and regulated by Cisco Systems International
Westgate Resorts Class Action Lawsuit Now In Play
Nevada court might finally deliver timeshare ripoff victims the justice they deserve.
Reported by Utah Stories:It has been amazing that such a blatantly dishonest company as Westgate Resorts has been able to continue lying to customers and selling timeshare rip-off scams for as long as they have.
It actually appears that Westgate might finally get what they deserve. A class action lawsuit has been filed against Westgate Resorts that apparently has a very good shot of winning in a Nevada court.
Utah Stories has been inundated over the past three years since they wrote their initial story on Westgate: Hollywood Dreams and Timeshare Nightmares about how their salespeople were blatantly lying about the cost, fees and potential value of their timeshares for sale in Las Vegas and Miami.
To get to know Westgate you must know Westgate’s owner.
Mr. David Siegal attends events with celebrities and business moguls such as Dolly Parton, Vanna White, David Hasselhoff and even Bill Gates. All of which have had their photos taken with Mr. Siegal.
Appearing as chum buddies, Mr Siegal attempts to builds his credibility like a parasite does with his host. The Westgate offices are plastered with photos of people who we know and might trust with Mr. Siegal.
Business owners and celebrities don’t realize it might take years to wipe the slime off their hands after they touch or even pose with this guy. Mr. Siegal has the most dishonest sales force I’ve ever encountered.
These people make used car sales people look like angels. They lie, cheat and steal from customers through “gotcha” contracts or contracts they don’t honor because they assume the victim will not go through the trouble of filing an out of state lawsuit. We have found this not only personally but through the hundreds of customer testimonials we have acquired. The flood of testimonials has made me believe this would be a perfect case for a class-action lawsuit.
Robert Paisola has on his blog The TimeShare Chronicles has documents related to the lawsuit filed under Nevada court. Anyone and everyone who has posted their stories on UtahStories.com should visit his site to see how to proceed in bringing justice to Westgate and Mr. Siegal.
To learn about more of Westgate’s deceptive practices. Read about our stay in Westgate’s Miami “Five Star Luxury Resort”. Or any of our other five stories posted on this company.
Ok.. If you think this is a good idea... YOU DESERVE WHAT YOU GET... BULLSHIT!
(This was an email that was sent to a CONFIDENTIAL VIP CLIENT) Do you guys REALLY think that this will RATTLE THE DAVID SIEGEL EMPIRE... This is what happens when attorneys think too much. WE DO NOT DO THIS!
Begin Text---
Thank you for your inquiry with regard to “getting rid of your timeshare.” The following information summarizes our main method for relieving prospective clients of personal responsibility for future timeshare payments, with ultimate surrender of your unit as our goal.
We utilize the formation of a limited liability company (LLC) as the vehicle through which you are absolved of liability. The LLC will have its own TIN (there are no tax consequences for this transaction), in order to distance you even further from ownership, and lend the LLC further individual identity. This is a legitimate tool and will pass muster against any claim against you. I cannot emphasize this enough; when the timeshare is transferred to the LLC, you no longer remain liable to the timeshare company, and when the timeshare company transfers the timeshare on its books to the LLC, you no longer have liability. However, we must be assured that the 2011 maintenance/assessment fees are current, and the timeshare unit is owned free and clear.
Your property is deeded and, therefore, the common law rules of real estate apply. Thus, as real estate, unless there is a restriction on the transfer set forth in the original deed, you have the absolute right to transfer the timeshare, and the timeshare operator has no right to reject the transfer. The transaction is absolutely legal. In other words, when the unit is transferred to another legal “entity,” liability ends. In this connection, I can safely state that the deed has no restrictions on transfer.
A private limited liability company (LLC) is created (the LLC may be created in any of the 50 states; however, our choice is based upon ease of filing and costs), before the next timeshare fees are due. We ask for a limited power of attorney allowing us to communicate with the timeshare company regarding the timeshare unit. We then transfer the timeshare by deed to the LLC, and submit the recorded deed to the timeshare company, which then transfers on its records the identification of the new owner. Thus, the entire process results in the LLC becoming the responsible entity, and removes you from liability. At such time as the LLC receives a bill for a future maintenance/assessment fees, we will apprise the timeshare company that the LLC has no funds to pay the fee, the LLC is dissolved, and the timeshare is abandoned, leaving the timeshare operator the only practical option of taking back the timeshare from the LLC.
The LLC incurs an annual state fee for filing a report as to the members and managers, but we anticipate that the LLC will be dissolved and the timeshare unit surrendered or abandoned long before any future state fee is assessed.
Our fee for our comprehensive service is $1,100.00, plus $260 in disbursements (disbursements are an approximation, based upon anticipated recording and filing fees) (the timeshare company may charge an internal transfer fee, which we will pass along to you when we know how much it will be ). Our fee is for comprehensive services, which includes filing fees for the LLC, estoppel letter from timeshare company, designation of registered agent, preparation of limited power of attorney, obtaining of TIN, preparation of transfer deeds, transmittal of deeds to Register of Deeds, notification to timeshare company, preparation of deeds of reconveyance, dissolution of LLC, recording costs, and any miscellaneous effort in connection with removing you from liability for the timeshare unit.
Please let us know if you would like to proceed. It’s important to keep in mind the date due on the next maintenance/assessment fee. A sufficient amount of time (6 weeks to two months) must be allowed to go through the process.
Fees are customarily paid in advance, and for your convenience and in order to expedite the process, we will be pleased to accept your credit card payment by phone. You may also pay by check, payable to ATTORNEY XXXX for $1,360.00.
Just as a matter of information, we have been asked many times: “Why aren’t you a member of BBB?” The reason why many “traditional” professionals like me (doctors, lawyers, dentists, architects, accountants) have chosen not to pay for membership in the BBB, is simply that the standards under which we practice our calling, as prescribed by enforceable codes of professional ethics and State licensing laws, are decidedly more stringent than any standards which BBB may prescribe. Frankly, BBB is often nothing more than a complaint bureau for consumers and a marketing tool for members. It has absolutely no authority to either resolve disputes or enforce standards. “We answer to a higher authority!” Should you wish to confirm my credentials, Florida is available online (MORE BS- DELETED) membership is presently inactive, since I have not practiced in that State for many years.
From The Orlando Sentinel
Amid the nation's continuing real-estate slump, Orlando's time-share king is attempting to sell $350 million worth of real-estate and noncore assets, including thousands of acres of undeveloped land in Central Florida.David Siegel, president and chief executive officer of Westgate Resorts, has listed a portfolio of properties with Carlton Advisory Services Inc., an international real-estate investment-banking firm. A total of 60 assets are up for sale, from hotels to mobile homes to airplanes.
"We're selling our non-time-share assets to raise cash for our time-share operations," Siegel said Wednesday. "We're selling anything that we don't currently need for our time-share [business]."
The real estate includes a dude ranch and the once-famous Grenelefe Resort, both in Polk County, as well as land that already has government approvals for time-share construction. Carlton Advisory Services said all reasonable bids will be considered.
"We definitely have a lot of interest," said Scott Stay, an asset manager for Carlton. "These are selling closer to distressed pricing, but they're not distressed assets."
Westgate Resorts, like many time-share developers, has struggled financially since the credit markets froze in late 2008. It has cut more than one-third of its staff since then.
Siegel also slowed construction last year of his planned 90,000-square-foot mansion near Windermere, dubbed Versailles, saying he needed to dedicate more cash to the business.
About three-fourths of the property now up for sale is in Florida, though Siegel is also offering holdings in other states, including Nevada, Missouri and Tennessee, where he has time-share resorts.
The assets listed by Carlton's online-auction service include two private aircraft, a 500-room Ramada hotel in Kissimmee and the rights to develop lodging on land near the entrance to Disneyland in Anaheim, Calif.
The entire portfoliois available for viewing by registered computer users at CarltonExchange.com.
Siegel bought Grenelefe Resort for $12.8 million at a bankruptcy auction in 2002. Residents there have complained for years that Siegel has neglected the golf-and-tennis resort, which once drew celebrities but has now fallen into disrepair.
Also on the listing: River Ranch, a dude ranch on 1,700 acres along the Kissimmee River. Siegel purchased that bankrupt property at auction in 2002, too, for $5.1 million.
Previous list prices for the properties range from $2,000 for some vacant land in Polk County to $50.3 million for the Grenelefe Resort.
David Siegel , Jacqueline Siegel, .The Robert Paisola Foundation 09-22035-lbr 20/20 20/20 robert paisola 2010 in Reflection a and e television abc abc radio network Adrian McKnight al mustafa Al Mustafa v Crane Albert M. Wilson allexperts.com Angel Nieva ANSY Corporation ARTHUR AND TODD SPECTOR Arthur Spector Artie Spector Artie Spector Fraud ASNY ASNY Companies Sued ASNY Financial Atlantic City timeshare attorney Patrick Reilly attorney randy richards Attorney Randy Richards Tahiti Village Attorney Scott Boyd Bankruptcy 321 Hearing Bankruptcy Fraud Bluegreen Timeshare Brain Desrochers Brett Olsen Bruce Poon Tip cancun hotel cancun hotel rating Carlos Mondavi cay club resorts cbs Charleston SC Chicago Title Company Christine A Gibbs Nevada Clark County District Court Clark County Recorders Office cnn cnn i report reuters associated press cnn ireport coldwell banker Concord Servicing consolidated resorts Consolidated Resorts Arthur Spector Goldman Sachs Whitehall Fund ANSY Documentary Political robert paisola Consolidated Resorts Bankruptcy consolidated resorts class action CONSOLIDATED RESORTS FRAUD Consolidated Resorts Tahiti Village Consumer Protection Group court tv cribankruptcy.com daniel chaffetz moran daniel chavez moran daniel omar chafez dateline david a David S. 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Aaron Yashouafar Mark McDaniel mayan cabo mayan cancun Mayan Palace Fraud mayan resort fraud mayan resort scam mayan resorts mayan resorts class action mexico timeshare fraud Michael Smith MOMDOYUDIAS INDICTMENT Mondavi Resort Mondavi Resort Mexico Mondavi Resort Scam money talks Morgan Stanley mortgage fraud mycollector.com nbc NCO Financial Abuse NCO FINANCIAL LAWSUIT 2011 Nevada AP Nevada Association Services Inc Nevada Department of Real Estate Nevada FBI Nevada Hoa Lawsuit owners advocate Paul Gustafson Planet Hollywood planet hollywood las vegas planet hollywood towers playa del sol playa del sol scam Politics Politics Consolidated Resorts Arthur Spector Goldman Sachs Whitehall Fund ANSY Documentary Political robert paisola Politics Consolidated Resorts Arthur Spector Goldman Sachs Whitehall Fund ANSY robert paisola Politics robert paisola christmas message Consolidated Resorts Arthur Spector Documentary Political robert paisola Politics robert paisola christmas message Consolidated Resorts Arthur Spector Goldman Sachs Whitehall Fund ANSY Documentary Political robert paisola profeco scam. Travel Escapes Club Provo Puerta Valliarta Real estate Puerto Vallarta Puerto Vallarta timeshare scam Rafael Septien Randy Richards RCI Richard McDaniel and Kevin Allin rick koerber rip off report robert paisola robert paisola david siegel bankrupt robert paisola 4th of july message Robert Paisola Message Robert Paisola Reports Robert Paisola Reports Live Robert Paisola VIP Robert Paisola. Robert Paisola. Judge Peggy Leon Robert Paisola. The Robert Paisola Robert Paisola. The Robert Paisola Foundation robertpaisola.com Robety Paisola Roger L. and Catherine A. Cole Royal Holiday Club Scam.com. Robert Paisola. Judge Peggy Leon Nevada Scam.com. Robert Paisola. TimeShareChronicles.com Scam.com. RobertPaisola.com scott r. erickson Shoppes at the Palazzo Silverstate Trustee Services Sky Las Vegas Sonya Yirkiw spector federal indictment St. Petersburg Stephen A. Rudnitsky Stephen P. Holmes Stephen P. 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I would like to join in and sue them.
What can I do?I would ignore them Robert. It’s pointless to pay a company that lies.
tagged: scams, timeshare
Westgate Resorts Admits Timeshare Advertising Dishonest
A ‘five star luxury resort’ Westgate Resorts executive admits untrue. Our experience in Westgate South Beach and how Westgate’s deceptive practices should refund buyers their money.
Eventually we came to the conclusion that what we believed were errors in our contact, or over-sight on our part,continued until it was obvious that we had been duped by modern-day corporate con-art— selling properties under false facades, using the credibility of business moguls to sell rip-off timeshares to people who don’t automatically consider all salespeople to be lyers. Now I know that if you are outside of Utah– don’t believe a word they say.
Hundreds Ripped of by Westgate
From Four Star Hotel Heaven to “Five Star” Timeshare Stink
After arriving in Fort Lauderdale, we spent the first night in a four star hotel. We had booked a true “one-week vacation” by paying extra for the added days. Our first room was incredible. It was in a four-star hotel in the Boca Raton Resort Bungalows. With contemporary furnishings, bed with a down comforter and silky sheets; balcony overlooking palm trees we were quite pleased. Keep in mind, this place was only four stars.Perhaps David Siegel—Westgate CEO, believes by putting enough celebrity photos on the walls makes a vacationer feel special enough to make up for the gross smells, awful free continental breakfast. Mr. Siegel has photographs of himself with the likes of Paris Hilton, Dolly Parton and even Bill Gates on every floor throughout every hallway of the hotel. This was an obvious attempt to try to build credibility for the constant barage of tours going through the first floor. Funny they never offered the tours on the second floor where we were staying among the smells of antisepctic cleaner and food rot.
When its it ever okay to produce signage and advertising that is not directed at the present state of affairs and sell and advertise as if it is? It would be fine if they wrote, “someday to be a five star luxury resort, but for now bring some nose plugs.” Westgate Resorts uses this tactic for both their Las Vegas non-existent Planet Hollywood tower, as well as their “five star luxury resort” in sunny South Beach. Certainly, no Best Western motel could get away with hyping their rooms as having balconies, marble and 15 foot ceilings then get away with it by writing on the wall of their tiny 8 x 10 room “in the future”. Customers would complain to the front desk and be refunded their money or face legal action. Yet Westgate, has seemingly found a way to get away with blatant deception. Not being an attorney I’m not aware of the letter of the law, but I think Westgate Resort’s lies are fertile ground for a class action lawsuit that should return millions of dollars back to the buyers they’ve deceived.
Editor’s Note: Our previous Westgate stories to date have been read by thousands of readers. These stories offer advice for selling timeshares and tell the entire story of our timeshare experience begining with the sales pitch in Las Vegas. Begin with the first installment: Hollywood Dreams and Timeshare Nightmares
Tell Us Your Westgate Rip-off Story
If you have been ripped-off by Westgate Resorts, tell us your story (using the form below). We will work on your behalf to organize a petition to begin the necessary legal action to return you your money.Timeshare Rip-off Stories
Rafael Oliver-VidaudWest Gate Miami Beach:
They lied to us when they said we would lock in the price of vacationing. They have turned the Miami Beach resort back into a cheap hotel that now costs less than our maintenance fees and they increase them every year; they are unable to deliver the flexibility that was promised.
Viviana R
honey moon nightmare
My husband and I had gone to Vegas around the same time last year (june), we were tolled of a 30 min talk about how we could be owners of a time share that would save us a lot of money on vacations, at first we thought why not listen we would at least get the free romantic package since it was our honey moon. The first few times I recall telling the lady that we could not offered it, and she continued to lower the price, until she tolled use that 174 dollars a month was the lowest price they would go only for us.. we felt pressured, but also excited about owning something. It’s been a year and I am now pregnant and about to lose my job from calling out to much due to morning sickness, i have contacted them hoping i can cancel since i will no longer be able to offered it, and what i got as a response was that I am not able to cancel~! and should fax a request to some account service department. I’m going to try and do that but I would like to get some help with anyone who has managed to cancel after a year.. pleas.. any money i can make now will go to medical bills and the baby.. but i would need to solve this problem first
David Smith
West Gate ownerships is a joke….. My room that I was shown to be purchasing was nothing like the out dated ran down room actually sold. During our stay our room was ram sacked by house keeping and items were missing. Managment never returned my calls and I wish I never bought the BS package. David Segiel is a comin con.
michelle jones
me and my sister was scam to by westgate resort they told us that we could sale own timeshare back to them at a profit that’s not ture,a five star hotel not,we pay 152.00 a month that 1,831 a year.the whole thing was a scam i told they i couldn’t afford it they said that they would buy it back if we couldn’t pay for it 4 years later im still stunk with this junk! THEY ALL LIE TO YOU AT WESTGATE RESORT.please can any one help me .
Minerva
Hello, My husband and I just bought astudio time share yesterday for 22,000 they told me I was getting a good deal becuase they were giving me prices from 2006. They did tell us we can carry over the week and that we would not ne liable for any damages if we rent it out…when I returned today my co-work told me they got a timeshare there for half the price and a bigger room. After that I decided to contact Westigate and complain about my purchase price…the rep ended up convincing me again that I still got a great deal…once a got home i decided to google up westgates pros and cons and found this website…thank you. I will get started today and send my certified letter tommorrow. Do I just fill in the blanks in the revocation form and sign and date or do I have to sent a explaination letter along as well?
re: Minerva
I don’t know the exact details, but they are required by law to allow you to revoke in a simple easy manner. Please let me know what the exact process is so that I can fill readers in. I’m So glad you found our sight and are preventing yourself from years of painful payments on a piece of sh** deal.
Kenyetta Kelly
I brought a 2 bedroom at Westgate Palace in Orlando Florida and they told me a lie too. They told me that I could not cancel my timeshare. I brought it on a Saturday in 2008 and when I got home that Monday I tried to call and cancel to see what steps I need to take to cancel it. I was told I coild not cancel it. But reading the article about the public offering statement it does say you have five days to cancel and they told me when I brought it that I could not cancel it because I asked the question what if I get home and want to cancel. They lie dto me and I have been stucked in this timeshare. And they lied to me about a whole list of other things in my contract. The same things they lied to Mondy Nelson about they told me which was not true. Page 17: Statute 119A: that Nevada law allows us to cancel (they didn’t want us to know about 5 days and tried to confuse us and spin around the facts until after 5th day)
Page 9.3d (after table of contents): Accural and carryover of timeshare weeks. You CANNOT carryover your timeshare weeks. We were told that if we didn’t use one week, we could move it over to the next year up to three years. THIS WAS A LIE
Page 10.8. It again states there is no carryover from one year to another. Like many timeshare victims, buyers often don’t use their week or days year-after-year, resulting in paying maintenance fees even without any usage.
Page 11 10.f: We bought a 2 bedroom suite every other year, which could be broken up into two separate weeks. One week in the one bedroom suite and one in the studio. We ONLY bought this because they said we could break it up and use the studio in one year and the one bedroom in the other year. This states that you MUST use both studio and one bedroom in that year. You can’t split in your off year.
Page 11 10i: We were told we could book up to a year in advance for our every other year timeshare. This says only book up to 120 days in advance.
Page 16 6: We were told that if the place was rented out and it became damaged by the renters we would not be responsible. That there would be HOAs (Home Ownership Association fees) to cover. This states that we would be solely liable for any damage incurred. Therefore their promise of the ease of switching weeks with someone in Miami for ours in Las Vegas was also a lie)
Page 2 of Exhibit 8: We were not told that the I.I program (the travel exchange) was voluntary. They told us it was part of the westgate program and that all dues were required each year.
Karen Cavalier
We bought into Westgate in Gatlinburg about 5 years ago through high pressure sales. We told them with my husbans’s job that we could not book vacations ahead of time. Oh-you own-not a problem. They showed us a beautiful deluxe room and we signed just that everyone else. Well, 2 months later, we tried to book and said there was no way we were going to get in that year. They sold it to us in August and had the nerve to tell us we couldn’t go. Through many phone calls, my husband got them to give us a reservation. When we got there, the room was horrible. It was not what was shown to us. We found out that they did a bait and switch. We went back to the sales management and threatened to see an attorney because my husband heard one of the salesman say they do bait and switch all the time. Well, they ended up giving us a fixed week with the ability to float, but that was a joke. Like many of you, we have also been scammed from agencies to try to sell them. Maintenance fees have gone up horrible. I think consumers should be protected from crooks like this. If they were made to give us our money back, they wouldn’t be filthy rich and continue to scam people. I wish you could get some help out there.
Brad Nelson
We bought a studio timeshare from Westgate Park City in 2006. They had renderings and info about the golf course all over the place. We were told that if we bought that we would get discounted golf and basically be treated like a country club member because we were owners. This was why we bought. The golf course has never been built, never even had an approval to be built, and today they don’t even bring it up. Of course the contract states that only the amenities listed are applicable. But come on! If any real estate agent in the country misrepresented facts like that on any transaction, then said “read your contract, tough luck, they would be sued, license revoked, and possibly thrown in jail. I would love to start a class action law suit here in Utah for the time period they represented the golf course. Anyone else get this pitch and would like to join in?
Help us gather 100 timeshare rip-off stories against Westgate so we may proceed with a class-action lawsuite against their dishonest business.
from John Smith
I am a timeshare sales agent, for the most part you are all right, but be very selective about thie timeshare you buy talk to other people and see if there happy with it timeshare is a good thing if you buy the right one. but under no sercumstances trust no one in the business they are all pathalogical liars
Follow-up from Michael
Richard:
We are currently pursuing a personal lawsuit, however the more information that I gather, it appears that a class action case could go forward, especially if there are more people who can come forward such as you with claims that what was in the contract was not what they delivered. For example your situation where in the written contract the difference between how a week is defined, providing 3 nights versus 4; although 4 was specificed and etc. Our dispute revolves aournd what was written in the contract versus what they are delivering regarding the timeshare purchase (deed issues).
According to my attorney this is classic “Bait and Switch” tactics that are employed and what they are doing is fraud.
If you have any other contacts who have experienced simlar experiences it would be great if you could provide me their details.
from Michael Bogenreif
I find your article interesting. We are in the process of litigating our issues with Westgate and would appreciate any other people who have experienced deceptive and fraudulant practices with Westgate – Planet Hollywood.
from D Baker
The 2008 Florida State Statutes are located at this link
You may find this to be very useful. We did… We beleive that we will receive our down-payment refund in full and according to information in the stautes, they must provide the refund within 20 days.
from Ginger D
I want to file a class action lawsuit against westgate resorts in Orlando Florida for misleading practices. It is a typical timeshare nightmare story. Basically, I have a timeshare that is paid off and I have outrageous maintenance and tax fees. I can’t even give this timeshare away. It costed us about 16 grand. They gave the impression that we could resell through them and that our maintenance fees would be around $400 dollars per year. The maintenance fee has gone up to about 800 dollars a year or so. I am worried it is going to keep going up. They won’t buy it back, resell it for us or even take it back for free. It is a monkey on my back. I have read story after story about these timeshare industry scams. I have tried to list it through a timeshare listing company only to find out it is a scam too. Those companies who listed them have already had a class action lawsuit against them or have closed shop and left town. I would venture to say I have blown at least a thousand dollars on listing. I am learning how not to get scammed the hard way. I want to sue westgate resorts for misleading practices. If not for that, then for whatever I can do to them to shed a spot light on them. If not a class action lawsuit then perhaps passing of a bill to protect consumers from these misleading practices of the timeshare industry. It isn’t so much money I am after but setting a presendence. I would like to get back my 16 grand at best though.
from D Baker
It happened yesterday, being sucked into the absolute worst decision I have ever made financially… We accepted the tour for discount, initially declined, later accepted (bought/agreed) and today on the way home, realized what an idiotic stupid move it was… We’re in the process of cancellation tonight. It “IS POSSIBLE” as long as it’s accomplished within ten (10) days of signature “OR” delivery by the developer to provide all required documents (which may include the actual deed for property depending on the state). The FL state statues explain 10 days as the day you send notice, so get confirmation of delivery (apparently that’s all that’s required legally)…. Also stated; you may “CANCEL THE CONTRACT WITHOUT ANY PENALTY OR OBLIGATION” which we have requested and expect a full and immediate refund of the down-payment. We noted this information in our request.
Not certain this will help anyone, but we’re trying and the information was there in paperwork provided.
I assure you that it’s most likely in the document with font so small you can’t see/read it. That’s where we fond it.
Last week if anyone asked what the stupidest thing was I had ever done, I wouldn’t know what to say. At least now, I have the answer…. At least I may be able to recover…
Best of luck to all!…
-From Ken H
We took a trip to Las Vegas and was booked at the hotel now called Planet Hollywood. After checking an on our way our room. We were approached by a couple of guys asking us if we would like a free meal and a couple of show tickets, they stated all we had to do was listen to a 30 minute talk. So we agreed and went the next day. No where in this conversation did they mention timeshare if they had I would of said no thank you. The next day we went it was more like a 3 hour and when we told them we could not afford it they magically came up with another one. We still said no and they said we will let you talk it over this went on for 4 conversations and finally just to get out we signed on. When they finally took us back to the hotel we went through the papers but found nothing in there to cancel. So after a year of arguing with them they sent me a paper I had signed showing we were suppose to cancel within 5 days. No where in my packet was that paper. Had it been I would of went the next day to cancel by way of the Post Office sending it Express to the address listed with a return receipt for proof. Then I get a phone call from them tell me my tax are late. I tell them I don’t nothing about taxes they said it was in my contract I told her that contract is useless as your company gives selective parts to people. A couple months ago they started bugging me to give them names of friends or workers so they could try and sell them a timeshare. I went off on them saying I would not even do that to people I dislike. I told the girl that her company screwed us, her reply was I am sorry you feel that way. Yeah right. I have yet to use the timeshare and don’t plan to. I do plan to go back to Las Vegas though and wear a T-shirt with something to the effect if you buy a Timeshare remember you have only 5 days or you are screwed for life.
Response
Thanks for the story Ken. It sounds like your experience very similar to ours. What amazes me is that Westgate Resorts employees seem so naive in the deception they are engaging in. We bought our week in the end, because the final woman we spoke to seemed so nice and down to earth. She was foreign, telling us about her new baby. In the end, we came to find out nearly everything- not just a few things-but everything that came out of her mouth was a lie. I’ve come to think I can trust certain types of people. Don’t trust anyone in a timeshare sales office.
From Tammy Sullivan
Tammy writes that now in addition to selling timeshare rip-offs, Westgate is also overbooking or double booking their incentive package
Its this incentive package they use to lure people into their sales area at Westgate Hollywood Planet Resort. Tammy says that she and her husband booked 3 days and 2 nights for $199.00 and have already made plans to travel to Las Vegas. Now Westgate can’t confirm they will have a place to stay.
Tammy writes -
NO where on the papers does it have a room confirmation for the date we requested. Just a confirmation for a Westgate Vacation package for 3 days 2 nights. Typed on it it says to call for vacation. Well tonight he has spent two hours and spoke with over eight different people and have gotten no where. Never, ever gained access to speak with a supervisor. Last person he spoke with said he would look into it and call within one hour. Well after 90 minutes my husband called him back and he sent my husband to an other guy who said we are on standby in case anyone cancelled. NOT ACCEPTABLE. Not what we have set out to do nor travel over 2000 miles to MAYBE have a room or not. As it stands right at this moment the last guys we spoke with will get back with us tomorrow. Will keep you posted…
PS By the way we are timeshare holders in Orlando but have yet to use our timeshare. We have bought into it 1 year ago and have purchased it for every other year.
Response
I’m sorry to hear about your problems with Westgate. If you do end up going and finding a room I think you will find, as we did, that what they promise as a delux room will be quite a disappointment. There are now some very good specials going on at Luxor and other very nice casinos for close to what you will be paying for your Westgate room, I would try to get your money back and book at another casino. If you would like to read about what our room was like in the “new” Planet Hollywood Resort you can read about it in my first story here:
Hollywood Dreams and Timeshare Nightmares
Good luck, and keep us posted on what happens.
Update From Tammy Sullivan
My husband has now requested they just refund us our money back ($199.00) and forget it. She put him back on hold …she came back she said the refund will take about three to five days to go through. Cannot send us a confirmation to verify they will refund our money. I am TRUELY ashamed to say we have the timeshare with them. (Have yet to use it) In the meantime I am about to call American Express (how we paid for this) and see if they may be of assistance.
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But the big things was maintenance fees every other year starting in 2009 then continuing in 2011, 2013, etc. The property was not ready for occupancy until 2010 and I was still charged 2009 maintenance fees and told I could use the property in 2010. I asked how they could charge maintenance on a building that was not opened and required no maintenance, telling them to waive the maintenance fee and I would resume in 2011. They would not allow this quoting the legal problems I would get into by not paying and making the timeshare impossible to sell. I paid the $750 to “maintain a property that was still under construction.
Now, Jan.2, they are billing me again for 2011 maintenance fees, $850 this time. I could get a week at the Bellagio for that. And I already paid over $20,000 for a every other year timeshare. If I am only suppose to pay every other year, and they have only been open a year and a half, how can I be billed twice.
Any help would be greatly appreciated.
The treatment my family and I received at Westgate Park City, was disgusting! I am currently working with David Siegals office to try and correct this issue.
There is more to this issue then I can write and it is very disturbing. I feel I have been deceived.
i think there are more sites out there that we can all go and state our frustrations about westgate hope we can all help each other
Why can’t you get a week? If you try and book a week within like 1-2 weeks before you want to stay, then you probably won’t get that week. I book mine 10 months in advance..don’t have any issues. I have no problem with my timeshare…except the HOA fees…somewhere during the sale that went over my head. The HOA fees are a big rip-off. 700-1000 a year depending on what you own is outrages for only being there 1 week out the year.
If there’s a class action in the works, please let me know.
Thank you
If a class action suit is going to be filled i would like to be involved.
tagged: scams, timeshare, vegas
Timeshare Scam from Westgate Resorts
Part III in the ongoing story of attempting to fight back against Westgate Resorts rip-off time share scam. See our previous story on Vegas time share scams.
In the previous installment I described how Westgate Resorts in Las Vegas used dishonest practices to sell us a time share single-week package for Miami Beach, Florida. We bought the package with the assurance that we could easily book the week we wanted (for my brother’s wedding in March). Previously, I described how things went wrong. For the past two weeks I’ve made an attempt to fight back against Westgate, and do all in my power to get them to own up to their lies and blatant deceit and give us the vacation we purchased.Fortunately, we never purchased the $30,000 time share in Las Vegas Planet Hollywood Resort (which is now selling for just under $10,000 here). We did however, buy a one week package for $495. We assumed this compromise was indeed a good deal, used to entice customers to upgrade to the full package. We were assured by our sales representative Sonia that this was the case. She was a nice lady and didn’t for a moment appear be a con-artist. In hind-sight she was so effective in her lies because she appeared innocent and kind. Where the previous sales efforts of Hikoo and Melissa failed, Sonia succeeded perhaps because as a unique foreigner from South Africa she in now way appeared deceptive.
With this said, I wasn’t about to complain to Westgate about Sonia’s sales tactics. Yes, I was lied to, but everyone living in the United States (especially me) should well know that what is in black and white is what matters, not what verbally agreed upon. We (believed) we had bought four nights five days for $495, I could still live with this. My relief in not purchasing the entire time share package helped me to forgive Sonia and realize my own ignorance.
So why have I been fighting Westgate for the past month? Because our contract states in two places that the arrangement is for “4 nights”, yet they keep telling us they don’t offer a four night package only a three night and seven night package. So because there is no such thing as a four night package, we need to understand that we only have three nights, despite what the contract states. Unbelievable? Its true, I spoke to three different Westgate representatives, we have booked our vacation for August, yet each representative has told us the carbon-copy ink impression on our contract is inaccurate and we only have 3 nights. I spoke to two Hispanic women when I called the first two times. I didn’t want to raise hell to these women, so I asked to speak to their manager. The second lady told me I should fax them my contract, and if it does say “4″ nights I will get my four nights. I did one better than this and scanned two pages of the contract where the number “4″ is so clearly written.
Finally, I sent the e-mail along with links to my previous stories. This was still not enough. I then spoke to a gentleman named Louis, who told me, despite the evidence, it didn’t matter. They don’t offer a 4 night package. I was begining to wonder if this was a common routine. I asked to speak to his manager, Louis said he would have his manager Freddy call me. I said to Louis, “They have told me before they will call and they never did. So I don’t believe you.” I was angry, the entire time on the phone with Louis. “Freddy will call you. I’m sure he will when he gets off the phone.”
Nearly a week went by before I was contacted by Freddie (Manager of the Wesgate Resorts call center). When I finally got a hold of Freddie he again repeated what the others had told me, “I’m sorry sir, but what the contract means is 4 days and 3 nights.”
“My contract reads ’4 nights’, there is no ’3′ anywhere. The number “4″ and after that it reads “nights”. Pull up my scanned copy of the contract if you don’t believe me.”
I then spouted off the entire story about how we had been completely lied to, believing we had bought seven nights. Telling me now that my contract is wrong is unacceptable. I’m not going to accept being lied to then blatantly deceived.”
I was yelling at Freddie. Freddie wanted to calm me down.
“So what do you want me to do about it sir?”
“How about I either get what’s in my contract or you give me my money back?”
Freddie agreed to generously give us the fourth night, as written in the contract. He said we should receive a confirmation letter in the mail soon. One week later we still haven’t seen a letter. Who knows if he really added the night or if he is just betting that I wont call back again and wait on hold for an hour just to fight over getting our fourth night.
The entire saga has made me consider the nature of big corporate power. I’m not an anti-corporate activist. However, I have come to understand a new fact of life in dealing with dishonest corporations. This lesson has made me understand how and why our courts are so filled with class-action law suites; where greedy lawyers line up for the opportunity to go up at bat against a big corporate powers.
Westgate Resorts is one of the largest timeshare companies in the world. With every person you deal with, there are 100s of others who could also be speaking to you. I imagine the span of cubicles and offices must be vast. The representative speaking to you might offer their first name, but in dealing with such a giant as Westgate, its clear that employees believe that there is almost no accountability for their actions or words. I don’t believe that all timeshare companies are evil, or that even Westgate has evil intentions as a corporation to rip-off as many people as they possibly can. However, Westgate functions under a giant bureaucracy where every person, office and resort is an additional layer of padding for real accountability. There is always another rung in the ladder. No doubt, Westgate Executives believe that very few will be willing to make the climb to where the buck stops. Few have the money and few want to hire a lawyer to hold their feet to the fire.
My final words to Freddy were, “You have my contract in hand. Would you please go back to Sonia, or her boss, and ask her why she is lying to her customers to get the sale?”
“Yes sir, I will, that is not how we want to operate here.” I’m sure Sonia got an earful from Freddy.
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4 Comments so far:
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ICB Butter says: July 3, 2011 at 9:17 pm New Plant Hollywood by Westgate Resort. Timeshare are dishonest and they have stole more than $17,775. I had no clue they were scamming me since 2009 Every time I tried to book a week they it were you have to pay for an exchange week are some other fees and I never used it nor seen the resort, I were paying on it since 2008.They were misleading and lying as they go alone. Using high pressure and making us think we were getting a real deal. This is in the center of the Vegas strip and everyone want to buy this Resort and it worth a lot of money. It will pay for it self. and at anytime you do not want it we will buy it back. I have learned if it sounded to good to be true and they still scammed me. Each man came to our table were better then the other one.
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ICB Butter says: July 3, 2011 at 9:24 pm Corrections above every time I tried to book a week the would tell me about exchange fee’ and are they had no rooms at that time.
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Leah says: June 6, 2011 at 3:55 pm I don’t normally comment on blogs.. But nice post! I just bookmarked your site
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Linda says: February 3, 2011 at 10:59 am We are really idiots, we have been fighting with Westgate since 2002 and we continue to purchase from them, in hopes that we will get to go somewhere else, instead of only Florida. That is the only place we have goneand every yeare we fight to tears trying to go to other Westgate properties.
tagged: scams, timeshare, utah, vegasI want every penny they stole plus Tax and the one’s involved in these scammed should be put in jail.
Westgate tell all kind of lies. I want to put my name on a class action suite. Are there on out their?? I’m so MAD at Plant Hollywood in Las Vega. They stole my money
Vegas Timeshare Scam from Westgate Resorts
How one-week single usage timeshare options are misleading and dishonest. The second of four installments beginning with our previous story on timeshare nightmares.
It’s very fitting when you consider that Las Vegas is the number one place for timeshare sales in the United States. I now completely understand why timeshare companies are so willing to offer free vacations worth a few hundred dollars, just to get you into their presentation. Just as most gamblers (including myself) don’t consider the long-term statistics or relevant facts of the situation, timeshare buyers share this mentality. The difference is gamblers have close to a 50 percent chance of winning at some games like blackjack. Winning from buying a timeshare in Vegas, however, is impossible.Westgate and Grandview both tell potential buyers that they need to enjoy life, take a break from hectic American society. They sell the notion that there is no better way to vacation then by owning a timeshare. However, just as our presentation was wrapping up, a timeshare salesperson was being carted off on a stretcher to a waiting ambulance. The $40,000 commitment doesn’t offer relief but stress. The borrower is slave to the lender, and Westgate Resorts is selling rip-off time shares that the open market offers for nearly half of their asking price.
I wrote my last piece in hopes of helping people from making the mistake of burdening their lives with a rip-off. As I noted in the previous piece, we did end up purchasing the $450 dollar option for one week in any Westgate resort, for attending my brother’s wedding in Florida. The salesperson assured me that we would have no problem booking the room we would want in Florida if we acted right away. What we later found was that a 20 day processing lag prevented us from “acting right away”, and by the time we were able to book our week, the rooms were already sold out in Florida.
I don’t blame the saleslady as I do myself for being duped. Its clear that these salespeople can say nearly anything and get away with it, and they are likely trained to lie. It is only the words in writing or legalese that matter. In the fine-print, we also later learned that Florida (Miami Beach) is also excluded from the one-week purchase agreement. I don’t believe our salesperson intentionally lied to us, I think, more likely the sales agents don’t know any of the fine print and they are free to sale as they wish.
The second lesson I can share is, before considering buying a timeshare be sure to research the deals available on the open market. Buyers should never trust these sales agents, they try to convince you that you are buying an investment that will go up in value when the truth is after you have signed the paper work and walked out the door, most buyers have immediately been suckered into a huge rip-off that is worth thousands less on the open market. Timeshare sales agents have almost no accountability to be honest with their customers. They aren’t real estate agents, therefore they need not worry about losing any type of license, if they are dishonest. The fine print of the contracts absolves them from any liability. The distance people travel to attend these timeshare presentations is another way they can get away with their lies. Very few people from Salt Lake will return to Vegas to find the lyer and beat down their door. Trust these people even less then you would a used car sales person. Save your self the lies. If you want to purchase a timeshare, buy your timeshare on the open-market, at places like sellmytimeshernow.com. The thousands you save will apply to many more free trips or false incentives then they can ever offer.
I’m still not a fan of timeshares over traditional real-estate that you own outright, however, there are timeshare bargains to be found, especially in an economic down-turn. If you have already bought your timeshare from Westgate and you want to get out of it, my recommendation is to wait a year (if you can) until the economy picks up again, then list your timeshare on one of the sites listed on the side-panel.
Story Update: We have now completed our timeshare battle against Westgate in Miami, Florida. In this installment we gain access to one Westgate executive who admits that thier advertising is dishonest. Read the final installment of our popular series released September 10th, 2008 here
Reader Comments
Doug KleinMy wife and I purchased a unit at Flamingo Bay in Las Vegas in December 2005. Due to an extended illness, we used the unit for the first time , Feb. 2009.
When we purchased, we were shown only one unit, a deluxe two-bedroom. There was no mention during the presentation of other unit types, sizes or styles.
When we arrived for our vacation, we were given a much smaller, and much more poorly appointed unit, a standard two-bedroom. We immediately complained and were told that was what we owned, and there was nothing that would be done for us.
Our contract apparently was switched to a different unit which we had no idea existed.
There are two points that are especially interesting: The sales person who told me that I was stuck told me that switching a contract was “standard operating procedure”. When I met with the property’s GM, he told me that he “hadn’t heard of the issue with the two bedrooms, but had with one-bedroom units”. There was a witness to the meeting with the GM.
At this point, I’d really like to get out of the contract with these people. They are dishonest, know it, and don’t care.
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Please forward me info so I can fight and get my money back, We have been ripped Off and I’m pissed off.
For the past several months We have tried to get rite afterward we are unable to make money on it as they promise we could. They lied to us and I want my money back, I want to join the Class Action Law suits. Please send me info on how to put my name on the list.
I want the Lawer the Angry French woman is using?
America.. She is NOT USING A LAWYER! It is Western Capital and its CEO, Robert Paisola... join the fun.. robert@robertpaisola.com