"We don't just write letters, we take legal action!"

Lawsuit Tries to Stifle Timeshare Attorney

Law360, New York, 10-17-2017 -- A company that helps people exit timeshares urged a Florida federal court Monday to release it from litigation alleging that it interferes with contracts between a developer of time-share resorts and property owners, arguing that allowing the suit to go forward would chill consumers' rights.

Reed Hein & Associates LLC, which goes by Timeshare Exit Team, contended that it is in the business of helping dissatisfied consumers, who are often given high-pressure sales pitches, safely and legally exit their timeshares. But, Reed Hein argued, developer Orange Lake Country Club Inc. and financing affiliate Wilson Resort Finance LLC bring a number of "spurious" allegations in an attempt to thwart that process, accusing the time-share-exit company of luring consumers into breaching their time-share contracts.

"In doing so, plaintiffs are attempting to reduce, or otherwise eliminate, the ability of timeshare purchasers to exercise their right to seek out assistance in order to obtain relief from their time-share contracts,"Reed Hein said. "Allowing such a claim-and in fact, this complaint as a whole-to go forward would produce a chilling effect on consumers' rights in this regard."

Orange Lake filed suit in August, accusing Reed Hein of scheming to interfere in the valid contracts between the timeshare resort developer and property owners with the assistance of attorney Mitchell Sussman.

The complaint alleged that though the company presents itself as a "consumer protection group" that relieves timeshare owners of their obligations, Reed Hein isn't actually helping consumers get out of a situation wherein a company did something illegal. Rather, the suit said, Reed Hein simply wants to divert the property owners' money to itself instead of the funds going toward paying their annual maintenance, taxes or mortgage payments for their timeshares.

The suit brings a number of claims stemming from these alleged unlawful and fraudulent business practices, including tortious interference, false and misleading advertising and violations of the Florida Deceptive and Unfair Trade Practices Act.

Sussman fought back on Oct. 5, contending that he should be released from the suit because Orange Lake has shown no evidence that the attorney interfered with its contracts with time-share owners.

The attorney had no contact with the timeshare owners and played no part in persuading them to stop paying for the properties, Sussman argued, saying all he did was send letters to Orange Lake on behalf of Reed Hein's customers.

For instance, Orange Lake accuses Sussman and Reed Hein of tortious interference, but that can’t be the case because they are hired by and work for the property owners, who cannot be accused of interfering with their own contracts.

Reed Hein chimed in on Monday, October 16th to say it should be dismissed from the action as well, contending that none of Orange Lake's claims against the company hold up.

The other allegations are no more availing, including the Florida unfair trade practices claim, Reed Hein argued. That allegation is "hopelessly vague," the timeshare-exit company asserted, saying there are no claims that the actual consumers were harmed by either Sussman or Reed Hein's conduct.

The suit is Orange Lake Country Club Inc. et al. v. Reed Hein & Associates LLC, suit number 6:17-cv-1542, in the U.S. District Court for the Middle District of Florida.

As one of the original founders of the timeshare release industry, Mitchell Reed Sussman is one of the few timeshare attorneys who has enjoyed a large amount of success by winning multiple cases on behalf of his timeshare owner clients.

Mitchell Sussman Real Estate Today
Attorney Mitchell Sussman being interviewed on Real Estate Today

bullet list timeshare legal See our Timeshare Exit Lawsuit against Diamond Resorts.

bullet list timeshare legal See Timeshare Lawyer Mitchell Sussman Sues Playa Grande Resort

bullet list timeshare legal See Timeshare Attorney Offers Tips During COVID.

bullet list timeshare legal Read the AARP Magazine story "How to Exit a Timeshare"
The Proven Exit Service
For Timeshare Owners
With over 40+ years of experience, our law firm has a proven track record of helping distressed owners who have been the victim of fraud and misrepresentation.
Take advantage of our timeshare attorney evaluation so you can make an educated decision about rescinding or returning your timeshare property.

Our Team
Timeshare exit legal team

More information about timeshare cancellation can be found by calling call 1-800-233-8521 or by completing a quick form to get help exiting a timeshare with our proven timeshare exit process.

More Blog Articles:

Can I Get Out of My Timeshare?
In today's current economic climate with many homeowners losing their home to foreclosure, short sale or simply "walking away" they are finding that they are burdened by their timeshare... [more]

The Future or Timeshares Today I'm going to discuss certain aspects of today's timeshare industry and the future of timeshares tomorrow... [more]

History of Timeshares The term "timeshare" also known as holiday home sharing, was originally coined in England in the early 1960s... [more]

List of Timeshare Companies and Vacation Clubs A founding pioneer in the consumer protection field of timeshare relief, cancellation and exit... [more]

Should you get a timeshare? Some vacation enthusiasts love their timeshare and use them often, but many timeshare owners will sell you their timeshare for a penny... [more]

Timeshare Bandits How police brought down one shady timeshare operation. 2 years after Nancy bought the timeshare condo she wanted to get rid of it... [more]

Timeshare Resale Scams The timeshare industry has historically been plagued by resort developers who use high-pressure and deceptive sales tactics to close a timeshare sale... [more]

Trouble in Timeshare Paradise Learn how to avoid common and costly pitfalls. And find out why timeshare "resale" companies may be nothing more than scams... [more]

Types of Timeshares A major difference in types of timeshare vacation ownership is between deeded and right to use timeshare contracts... [more]

Ways to be Relieved of Your Timeshare Timeshare Legal Action shows timeshare owners the many ways to Cancel your timeshare obligations... [more]

Back to top Timeshare Legal Action - Facebook Timeshare Legal Action - YouTube Timeshare Legal Action - LinkedIn Timeshare Legal Action - Twitter

Copyright © 2020 TimeshareLegalAction.com - Proven Timeshare Attorneys - All Rights Reserved.
Privacy Policy | Sitemap | Timeshare Legal Action

No attorney-client relationship. The Law Office of Mitchell Sussman maintains this website exclusively for informational purposes. Viewing this site, using information from it, or communicating with The Law Office of Mitchell Sussman through this site by email does not create an attorney-client relationship between you The Law Office of Mitchell Sussman.

Nonreliance. Online readers should not act or decline to act, based on content from this site, without first consulting an attorney or other appropriate professional. Because the law changes constantly, this website's content may not indicate the current state of the law. Nothing on this site predicts or guarantees future results.
Home | Cancel your Timeshare | Proof of Performance | Bluegreen Cancellation Lawsuit | Diamond Cancellation Lawsuit | GeoHoliday Cancellation Lawsuit | Sunset Group Cancellation Lawsuit | Can I Get Out of My Timeshare? | Timeshare Bandits | The Future or Timeshares | History of the Timeshare | List of Timeshare Companies and Vacation Clubs | Ways to Cancel Your Timeshare | Should you get a timeshare? | Lawsuit Tries to Stifle Timeshare Attorney | Timeshare Resale Scams | Trouble in Timeshare Paradise | Types of Timeshares