• Is committed to improving timeshare contract fairness for all victims in oppressive sales settings;

• Is committed to ensuring that elders and other vulnerable persons are protected as such against aggressive sales tactics that will lead to financial exploitation;

• Is well versed and current on issues, research and trends that are relevant to timeshare consumers;

• Supports a consumer’s right to rescind any timeshare contract within the rescission period;

• Supports a consumer’s right to cancel any timeshare  contract well outside the recission period if the contract is unfair or the circumstances surrounding the contract indicate that there was fraudulent misrepresentation, false promises, false pretenses, and oppressive sales tactics;

• Supports a consumer’s right to choose to enforce their rights as a self-represented consumer using letter drafting support from a professional secretary service;

• Supports a consumer’s right to choose to hire an attorney who is qualified and experienced to represent them in timeshare legal disputes;

• Supports all victims of timeshare developers’ wrongdoing regardless of which specific developer did the wrongdoing and is in no way aligned with entities that oppose a consumer’s right to chose how they will enforce their rights;

• Can represent the needs of consumers across diverse racial and socio-economic groups;

• Can effectively articulate and communicate the needs and interests of victimized timeshare consumers in both small and large group settings;

• Can work collaboratively and respectfully with other timeshare industry stakeholders including developers seeking to reform their deceptive business practices, as well as other exit service providers and timeshare policy makers;

• Will confirm in writing that no conflict of interest exists that might in any way compromise their ability to represent the needs of consumers;

• Will report their research findings to either a document support specialist or timeshare exit attorney, including their professional opinion as to what a consumer’s options are in how to seek resolution and whether the consumer should proceed with additional steps in the process of obtaining resolution as a self-represented consumer

• A Consumer Advocate is NOT a timeshare salesperson or employee of a timeshare developer, nor are they engaged in timeshare company administration, the vacation, travel or insurance industry or timeshare-legal practice.

To fulfill the Mission of a Timeshare Consumer Advocate they…

• Research each developer’s corporate filings history with the Secretary of State records to determine if:
  • • • • • The developer is properly registered in the state where their consumer billing statements are being sent from;
          • The developer has complied with state laws requiring disclosure of corporate officers and agents;
          • The developer is in good standing or has allowed their corporate filings to lapse;
          • the developer has changed its officers, directors, or registered agent for the purpose of service of process (answering legal complaints filed against it);
          • the developer has been acquired by another developer or has sold shares or changed the valuation of its shares;

         

• Research company records with the Dun & Bradstreet database to determine if:
  • • • • • The corporate records match the ones at the Secretary of State records or if the developer is engaged in deception;
          • The corporate address matches the timeshare contract or other paperwork provided to the consumer during the incident of victimization;
          • The other corporate info appears to be truthful and factual compared to the Secretary of State records;

         

• Research the state real estate division records to determine if:
  • • • • • A timeshare property plan was properly filed or updated at any time since the consumer’s date of victimization;
          • The timeshare plan processing rules were followed completely, and the timeshare is being reported to the public accurately as required by law;

         

• Research the developer’s state and legal disclosures posted at their corporate website to determine if they have posted it and it is up to date;

• Use AI software to quickly review the policy statements published by the developers at their corporate websites to find errors, omissions, inappropriate clauses that should be referred to the appropriate authorities;

• Research each developer’s secured transaction filings history with the Secretary of State commercial recordings database to determine if:
  • • • • • The developer has filed any UCC-1 financing statements against other entities or consumers to perfect a security interest (lien) and secure title to timeshare property (establish dominance), and:
            • Which entities the developer filed against as secured party creditor;
            • When did it file those UCC-1’s and for what collateral assets (if shown);
          • Anyone else has filed a UCC-1 financing statement against the developer to perfect a lien and secure title to the timeshare property or other assets owned by the developer;
• Research the US Securities and Exchange Commission (SEC) public records to determine if:
  • • • • • The developer is a publicly traded company;
          • The developer reported annual revenues and losses since the consumer was victimized;
          • The developer merged with or acquired any other developers or companies since the consumer was victimized;
          • The developer sold large amounts of shares since the consumer was victimized and how much the sale was;
          • The shares have been devalued and what their shares are valued at now compared to before the consumer was victimized;
          • The stock market affected the devaluation of the developer’s shares’
          • The developer has been disciplined by the SEC;
          • The developer has made any broad press releases that may not comply with SEC rules governing “forwarding-looking statements”;
• Research the National Association of Attorneys General website for updates on how the timeshare industry regulatory framework is being reformed to better protect consumers at: https://www.naag.org/attorney-general-journal/timeshare-obligations-regulations-and-challenges/

• Understand which other government agencies and departments regulate the timeshare industry at the state and federal level;

• Determine if the consumer’s negative experience with the developer makes sense when viewed in the context of the consumer advocate research performed;

• Prepare a comprehensive report on the consumer’s situation given all the research that was performed.

This list is not exhaustive. TCR Consumer Advocates are also interviewing consumers daily and continuously learning about timeshare developer abuse trends to better educate others and prevent future victimization.