| A spoiled child…you know the type. They act out to get what they want. Sometimes they will say anything – even lie – if they think they can get away with it. Spoiled children act like…well…like Westgate Resorts. We’re not kidding. Nathan and Patricia Overton of Dickson, Tennessee, can tell you about it too. They ended up filing a lawsuit after experiencing Westgate’s manipulative ways – or, as two courts have called it: FRAUD. You can read for yourself what the courts had to say here, but you will be stunned by the highlights. “At trial, the Overtons testified that they traveled to Gatlinburg in July 2011 to search for a cabin or timeshare with sufficient space to accommodate their extended family for a trip every December to celebrate Christmas and their wedding anniversary.” “While walking in downtown Gatlinburg on the morning of July 12, 2011, Ms. Overton happened upon a Westgate booth. She was told that she and her husband could attend a ninety-minute presentation regarding the purchase of a timeshare and that they would receive certain gifts in return.” That’s where they met Robert Justice, a Westgate salesperson and Raymond Veverka, a Westgate sales manager. “The Overtons described their dealings with Mr. Justice and Mr. Veverka as ‘high pressure,’ with the Overtons spending a total of almost eight hours in discussions with the salesperson on that day.” Eight hours instead of 90 minutes! Let the manipulation begin! Still, things worked out for the Overtons – or so they thought. “During the presentation, the Overtons found a suitable unit that would accommodate the needs of their extended family. It was described as Unit 458.” “According to the Overtons, their decision to purchase was based on certain assurances from the salespersons that (1) the Overtons would be able to request and obtain a reservation for Unit 458 for the same week in December each year; (2) the Overtons would have the right to book unlimited additional nights at any Westgate resort for $49 to $69 per night (“Owners’ Nights”) …” But then they tried to reserve their first Christmas stay. “Through the course of numerous phone calls, the Overtons were informed that they did not have unlimited Owners’ Nights and could not be guaranteed the use of the week or unit they preferred from year to year.” So, the Overtons took Westgate to court – and they won! “The trial court found that the [Westgate] had violated the respective statutory provisions and was guilty of fraud and misrepresentation. The trial court thus determined that an award of punitive damages was proper and following a second hearing regarding the amount of the punitive damage award, set such award at $600,000.” Apparently being told once to pay up wasn’t enough for Westgate: they appealed the case. Not surprisingly, the Tennessee Court of Appeals agreed with the Overtons. “Following a thorough review of the evidence in this matter, we affirm the trial court’s findings that Westgate engaged in intentional and fraudulent conduct and that Westgate willfully violated both the Tennessee Time-share Act and the Tennessee Consumer Protection Act.” “Willfully violated…” Hmmm. Sounds like someone at Westgate deserves more than just a time out. Let’s ask Westgate CEO David Siegel if he’s made any adjustments to how he trains up his sales folks. We can email David at david_siegel@wgresorts.com. We can also email Jason Gamel, the President and CEO of the American Resort Development Association (ARDA), which represents timeshare companies in Washington, DC. Let’s find out what he thinks of Westgate’s manipulation and fraud. Jason’s email is jgamel@arda.org Does your timeshare company discipline its employees for behaving like Westgate’s? Use this list of ARDA VIPs to contact your company’s leaders to find out. Know of timeshare troublemaker that could use a good talking to? Share your story with us info@timesharefacts.com PS: Follow us on social media. Twitter Facebook Instagram |
