30 Jul, 2020, 12:24 ET
LAS VEGAS, July 30, 2020 /PRNewswire/ -- Diamond Resorts®, a global leader in the hospitality, vacation ownership and entertainment industries, has filed a federal lawsuit against Attorney Joshua Neally ("Neally") and his Springfield, Missouri law practice Neally Law, LLC ("Neally Law") for allegedly conspiring with a group of nefarious so-called timeshare exit companies, and for allegations of deceptive business practices and false advertising. Neally, Neally Law, and other Missouri based entities JRD Travels, LLC d/b/a Timeshare Legal Cancellation and/or TLC Pros; RSI LLC d/b/a Relief Solutions International; and Nationwide Transfer, LLC d/b/a Nationwide Settlement Solutions are accused of charging timeshare owners exorbitant upfront fees for illusory services.
Diamond's lawsuit alleges that these companies falsely promise a "legal" method to cancel timeshare owners' contracts, in exchange for upfront fees typically ranging from approximately $2,500 to more than $10,000. According to the Complaint, timeshare owners are not provided any legal service by the defendants and instead are misled into defaulting on their timeshare contracts. These companies are alleged to even tout loan defaults, foreclosure or bankruptcy as a "successful exit" from a timeshare.
"Attorneys take an oath to act with integrity and to help their clients. Many of these timeshare exit businesses masquerade as legitimate legal professionals but all they really do is harm and mislead our members and other timeshare owners. Diamond Resorts is committed to stopping the fraudulent activities of so-called timeshare exit companies that often exist for no reason other than to swindle consumers out of thousands of dollars," said Mike Flaskey, CEO, Diamond Resorts.
Deceptive Business Practices
According to the lawsuit, Neally and Neally Law frequently work with Timeshare Legal Cancellation; TLC Pros, Nationwide Settlement Solutions and Relief Solutions International using false and misleading advertising in order to obtain customers or customer referrals. This referral relationship exists to circumvent attorney marketing rules and to add false legitimacy to the Defendants' fraudulent businesses, says the lawsuit.
These partners have even sued each other over their failure to deliver any service. In 2017, Nationwide Transfer, LLC filed a lawsuit against Neally and Neally Law, seeking a refund of fees Nationwide paid to Neally and Neally Law pursuant to Neally providing timeshare termination services Nationwide promised its customers.
According to the allegations in Diamond's Complaint:
- Neally and/or Neally Law fail to provide any effective legal services to its clients. Instead, they send a form letter of representation to a timeshare company, requesting the timeshare company voluntarily cancel the customer's contract without any explanation. "There is no investigation of the customer's situation, no investigation of claims, no claims asserted, no advocacy, and no initiation of any adversarial proceeding, which would be necessary to legally cancel the contract. In other words, there are no legal services provided."
- Neally instructs timeshare owners to stop paying fees required by their contracts and directs all debt collection notices directly to Neally. Therefore, timeshare owners are not aware of the harmful consequences of working with Neally until it is too late and they face damaged credit ratings or even foreclosure.
- The Better Business Bureau (BBB) has issued a formal "Advertising Review" for Timeshare Legal Cancellation and TLC Pros, noting concerns about the exit company's proclaimed money back guarantee and credit protection.
- The BBB issued a formal "Alert" against Nationwide Settlement Solutions, noting a "Pattern of Complaints" regarding misleading sales presentations, failures to honor contracts, and failure to issue refunds.
- Relief Solutions International, LLC utilizes marketing companies to aggressively solicit timeshare owners for in-person sales presentations sown with false scare tactics about timeshare ownership.
Diamond Resorts® encourages timeshare owners who may be interested in adjusting their contracts to contact their developer for legal and legitimate options. To learn more, visit ResponsibleExit.com.
About Diamond Resorts
Diamond Resorts® offers destinations, events and experiences to help members make a habit of breaking from the routine. From unforgettable getaways to exclusive concert series to VIP receptions and dinners, members turn to Diamond to recharge, reconnect and remind each other what matters most. Our focus on quality resorts, customer service and flexibility means members can return to a favorite resort, book a cruise to explore new countries or attend a once-in-a-lifetime event with the same level of confidence and anticipation. With access to a world of entertainment and activities, a Diamond membership ensures that people are always looking forward to vacation.
SOURCE Diamond Resorts
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