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Time Share Resale Schemes, TCPA and Do Not Call Violations

Posted by Howard Gutman | Apr 16, 2024 | 0 Comments

Some companies have marketed programs to get out of timeshare purchases. Indeed, some people have been unhappy with their timeshares, but the resale industry has seen complaints about excessive fees, unfulfilled promises, and unreliable companies. The FTC has provided a guide, and here are some excerpts.

Common Issues in Time Share Resale Schemes

Time share resale schemes often target people who want to sell or get out of their timeshares. Fraudulent companies typically make promises they cannot keep, charging hefty upfront fees or using deceptive practices to convince consumers to sign up. Here are some red flags to watch for:

  1. Upfront Fees: Legitimate companies usually charge for services after they've delivered results. Beware of companies demanding large fees upfront for services like selling your timeshare.
  2. Guaranteed Sale Promises: Fraudulent companies may falsely promise they have buyers lined up or can quickly sell your timeshare.
  3. Deceptive Advertising: Some scammers use high-pressure tactics or false advertising, claiming to offer guaranteed results or a stress-free process.
  4. Lack of Transparency: Scammers often avoid providing clear information about their services or contracts.

TCPA and Do Not Call Violations

Fraudulent timeshare resale companies often rely on aggressive telemarketing tactics, including robocalls and calls to numbers on the National Do Not Call Registry. These actions may violate the Telephone Consumer Protection Act (TCPA), which protects consumers from unsolicited calls and telemarketing abuse.

Key TCPA Provisions:

  • Telemarketing calls to numbers on the Do Not Call Registry are prohibited unless the consumer has provided prior express consent.
  • Using robocalls or prerecorded messages without prior express consent is also illegal.
  • Violators may be held liable for damages of $500–$1,500 per call or message.

If you've received unsolicited calls from timeshare resale companies, you may be entitled to compensation under the TCPA.

Protecting Yourself from Time Share Resale Scams

The FTC provides the following advice to avoid falling victim to timeshare resale scams:

  1. Do Your Research: Before engaging a timeshare resale company, search for reviews and complaints about the company. Check resources like the Better Business Bureau (BBB).
  2. Be Wary of High-Pressure Tactics: Legitimate companies will not pressure you to act immediately or require you to sign contracts without proper review.
  3. Verify Claims: If a company claims to have buyers ready to purchase your timeshare, ask for proof.
  4. Avoid Upfront Fees: Legitimate companies generally only charge fees after the service is completed.
  5. Check Licensing Requirements: Verify whether the company is licensed to offer resale services in your state.

How to Handle Violations and Scams

If you suspect a timeshare resale scam or TCPA violation, take these steps:

  1. Document the Communication: Record the dates, times, and content of the calls or messages you've received.
  2. File a Complaint: Report the company to the FTC at reportfraud.ftc.gov.
  3. Consult an Attorney: A lawyer experienced in TCPA claims can help you seek compensation for illegal telemarketing practices.

Conclusion

Time share resale schemes can lead to financial loss and frustration, especially when coupled with telemarketing violations. By staying informed and understanding your rights under the TCPA, you can protect yourself from scams and hold violators accountable.

Call (973) 598-1980 for a Free Consultation on Your TCPA or Time Share Scam Claim

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Keywords: tcpa, how to report a scam, consumer complaint

About the Author

Howard Gutman

Howard Gutman has been fighting for consumer rights and representing commercial interests for over 20 years. Нe has a deep knowledge of fraud, consumer, warranty, and lemon law, and will handle your case with honesty and experience.

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