June 16, 2017 — I will be the first to admit that the law is very complicated and that I’m pretty much clueless when it comes to understanding the judicial system let alone how attorneys and judges think. I am also aware that there is some precedent to the notion that a prosecutor or a grand jury can “indict a ham sandwich” and that pretty much anyone can become a plaintiff by filing a civil suit (complaint) in the appropriate court against just about any entity or person(s) (defendant) and they can do so, seemingly, for just about any reason (cause) that seems to fit their objective(s.)
So Here’s The Scoop; Take for example some years ago when that widely publicized case was briefly being reported in the news that a Washington D.C.-based Administrative Judge (the plaintiff) filed a law suit against a dry cleaner (the defendant) for allegedly ruining a pair or the plaintiff’s slacks while the pants were in the care of the dry cleaner.
In that instance the plaintiff, likely familiar with the law, the judicial system and process etc. sought $54 Million to become ‘whole’ again (aka: receive monetary damages awarded by the court) even though the issue could have been resolved between the two parties quickly, privately and likely for the cost of replacing the pants in question and without the need for the tax-payer funded court system being involved.
Which brings me to a real serious issue that our GateHouse Timeshare Blog section has been reporting on for several years now whereby hundreds if not thousands of U.S. and Canadian timeshare owners/members continue to be scammed each month by thieves operating from phone boiler rooms in Mexico (and other places).
These criminals, some of whom are likely U.S., European and/or Canadian citizens working side by side with their Mexican counterpart criminals, are living and working in Mexico. Over the phones and via e-mails, etc., the thugs are promising to get the owners/members out of their timeshare plans and those owners/members who take the bait are being scammed, on average, per victim, out of thousands of dollars (USD).
Each week our Gatekeeper continues to be contacted by some of these timeshare owners/members thanking ITG for the news and stories we’ve published on this issue because they did their due-diligence, found and then read our Gatekeeper’s reports before bank wiring money to Mexico; and they didn’t lose one penny.
Sadly, other timeshare owners/members didn’t take the time to check things out until it was too late and they were duped out of bucket-loads of their money. When they finally confirmed their hunches that ‘something’ wasn’t right and did a simple Google search using words like – Timeshare Scam – Mexico Timeshare Scam – Mexico Resale Timeshare Scam, etc., they found ITG on the 1st google results page leading them to ITG and our GateHouse Timeshare Blog section – and learned belatedly that ‘something’ was indeed wrong.
This will be my 3rd or 4th attempt recommending that all developers, HOA’s, management companies, etc. immediately e-blast or otherwise notify their owners/members (aka: clients) and let them know the details of this scam so those entities can protect themselves and their clients who pay them each year to be an owners/members of their ‘organization’.
I once again make this plea because as recently as this week timeshare owners/members continue to contact GateKeeper and tell us they NEVER heard so much as one word from their developer or HOA, etc. cautioning them about this widely known rip-off (scam) in the Land of Time that is targeting timeshare owners/members.
And though ITG and other industry publications and forums have written numerous articles on the subject warning our industry about the scam developers, et al, who have the ease, ability and contract information to actually reach out to and warn their owners/members seem to refuse to do so; allowing their ‘base’ to continue to be the prey and the next victims of these thieves.
Which begs the question; being fully aware and/or informed of this multi-million dollar monthly scam can an HOA, a timeshare developer or maybe their Exec Peeps be held liable in a civil action for failing to warn their own clients of this ongoing criminal activity that continues to cost those clients the loss, individually, of many thousands of dollars?
Especially considering that the largest timeshare industry association, the American Resort Developments Association (ARDA), has also published articles and/or warnings, etc. on their website to inform their members. You know, sort of like that “constructive notice” thingy – whatever the heck that means.
And if developers and/or HOA’s could be sued would they simply consider the litigation and the upfront legal expenses along with the negative publicity as merely the cost of doing business or would they resolve (settle) the case to everyone’s satisfaction post haste?
Well I surely don’t know the answer to those questions and the entire matter is creating a conflict and headache between the two hemispheres held captive inside my cranium.
However I have read that there are some attorneys and/or law firms that are always on the look-out for potential plaintiffs and/or a class-action to take on and from what I also understand if the those types of attorney’s and/or law firms discover (aka: smell) the potential defendants have very ‘deep-pockets’ – well, it might be can be ‘game-on’!
Good Luck Out There
© Copyright Inside the Gate. All rights reserved.