About Andreas Rossler Expertise I'm able to answer general questions on timeshares and specifically in regard to purchasing, renting or exchanging timeshares on the secondary or resale market and through the Internet. I have expert knowledge in sales, mechanics (how and why timeshares work), and timeshare exchanges.
I am also well versed in timeshare financing and may be able to guide you to better financing or refinancing options for your timeshare purchase.
If you ask questions of a legal nature, or those requiring tax advice - I may not be able to answer fully.
Experience I have 10 years of industry experience in sales, management and processing. I'm currently CEO of Timeshare Village, a resource for timeshare owners and industry professionals.
Organizations Mensa - Life Member
Publications I have been interviewed by Channel 7 News in the Bay Area of California regarding my opinions on Worldmark, the Club timeshares as developed by Trendwest-Wyndham Resorts.
Education/Credentials MBA - Master's in Business Administration
BS - Mathematics
BA - Economics
California Real Estate Broker
Time-Shares - Another Question about Florida Sport and Recreation...
Expert: Andreas Rossler - 11/29/2007
Question QUESTION: I read the response to another ladies question on Florida Sport and Recreation. My husband and I also purchased their "discount" plan (2500.00) in August of 2005. According to the "contract" after 1 year when you pay your yearly fee (149.00 if by check or 20% off if by automatic withdrawal which is what we had decided to do and is documented by the "contract"). It came to September 2006 and I could not log into the account on their site, it said it was suspended. Well if it was automatically withdrawn, which it should have been, I would have had no problem. I let it go, and in Jan 2007 I called the company to see what was going on. I was referred to Jamie who is their complaint manager and told him we no longer wanted to be a part of their company and asked what we could do. I did not expect a refund since a year had gone by, but I wanted to know why I never received anything in the mail or by e-mail that our account had been suspended. He then told me that he would give us until Aug 2007 free (waive the 149 for us) and then there would be a notice sent out that it was expiring. I told him we did not want the service anymore, that we were ripped off, and asked why no one could give us an answer to why our contract was not honored in the way of the direct withdrawal we had signed on the contract. He just apologized and said oh well, there is nothing we can do about that. He nor the "home office" which they have 3, could give me an answer or locate our contract. All he said is that he would send an e-mail to a Walter Everly who is a manager to give us access to our account again. NOTHING from them since until I received a call from a Jodi at Universal Account Servicing LLC on Sept 13 2007. She called to tell me we had not paid our dues and so I explained to her what was going on. She said she would mark the account as "cancelled", and that we would have to pay 250 if we wanted it reactivated. She said to disregard any more notices from the company. Then I received a call from another lady this evening who said we needed to pay the 149 and that we would have to pay that over our lifetime because we signed a lifetime contract with Florida Sports and Recreation. She said I had no way to cancel that. And she didn't know who at her company would tell me that it was cancelled, that it could not be done. So apparently I was lied to. I said we no longer wanted to use the service, it was a rip off, and that sales were shady when we signed up. She preceded to tell me that we could print off up to 50% off dinner certificates (of which we were NEVER told by our rep to begin with). I told her we never heard that, and that their "savings" was not worth what we paid or worth us paying 150 a year for maybe a 10.00 savings on a hotel. (which is what we got when we booked a room for our sister in law in Indianapolis). They really have NO options for hotels anywhere and their savings on flights was something I could have found for free on priceline or one of the other discount sites. It really is only a discount club! (I know because that is what they told us when we signed up, they are not a timeshare, they just give great savings. They even drew a diagram up as to why timeshares were a rip off and offered to sell our timeshare for us). We own with Blue Green vacation club and THAT is a "time share", which we absolutely love. No where in Florida sport and recreation are you deeded, or own ANY part of a building at all. Though in the contract you are still bound by a 3 day right of recision. ( saw you told her about what Florida law is on canceling timeshare contracts but don't know if I am just not understanding) I am just confused as to what to do or say at this point. (sorry if confusing!) What other questions can I ask when I talk to a representative?
ANSWER: First, the right of rescission for a timeshare contract in Florida is 10 calendar days. But, as you rightly pointed out, this is not a timeshare.
This is clearly some sort of scam and/or rip off. They misrepresented the service and they lied about how to stop or cancel the service. I have a list of things that you can do when a timeshare purchase goes wrong - but I think much of the list could apply to this situation as well.
Here is what I would do: I would write a letter stating the situation and what you plan to do if they do not resolve this issue within 5 business days. Resolution is a cancellation of any contract or obligations to this company. If they do not do as requested, you will do the following (see list below - pick and chose accordingly, not all actions are appropriate). Send this letter via registered mail, return receipt requested. Send several copies - one to each home office, one to Walter Everly, one addressed to the attention of their legal department, and one to "Jodi" as well.
When you receive proof of mailing - then contact the company again. Note the date and time of call. Before engaging in any conversation - ask for the name and title of the person you are speaking with (just say you keep getting disconnected because of your phone service and you want to know who to call back). Write down the names. Then explain who you are and ask them if they received the letters (state you have proof they received them). Ask what is going to be done. Tell the person that if this is not cancelled and resolved in 5 days - you will move forward with the following actions:
1. The Attorney General. You should file a complaint with the Attorney General where the company is headquartered, the state where you purchased, and your home state. Here is a good site where you can link to Attorney General complaint forms online: http://www.fair-debt-collection.com/attorneys.html
2. See if the company is listed with the Better Business Bureau; file a complaint with the BBB. Here is their online complaint form: http://www.bbb.org/complaint.asp
3. A good site is the Rip-off Report. Be careful when writing up a report on that site – state the truth and nothing but the truth. This site is caught by search engines, so be sure to use the company name. Here is their site: http://ripoffreport.com/
4. Complaints.com is similar to Rip-off Report. Here is their website: http://www.complaints.com/ (#3 and #4 have a simple purpose, to get the company’s name to show up on search engines. This is the worst possible publicity and can cause the loss of an untold amount of business).
5. The FTC (Federal Trade Commission). They are very much interested in hearing about shady timeshare developers or rip-offs. The reason being that most timeshares solicit individuals via the telephone. Here is their online complaint form: https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01
6. For reference purposes, you may want to check out the National Association for Members - http://www.natlassoc.org/ - lots of good stuff.
7. If a lawyer or other professional (CPA) was involved in the transfer or escrow process, you may be able to file a complaint with the state bar or other professional organization they belong to – depending on the nature of your situation.
8. Report the company to the state agency that regulates real estate. It is best to do a Yahoo search like this: “Florida Department of Real Estate”. You could however start here and drill down to the right website: http://www.usa.gov/Agencies/State_and_Territories.shtml
9. If your situation involved a credit card purchase and you’re not getting your refund, definitely call the credit card company and find out their policy on filing a complaint.
10. File complaints with State, County and City Consumer Protection Offices. Here you’ll find a list of all of them: http://consumeraction.gov/state.shtml
11. File a complaint with the National Consumer’s League Fraud Center. Here’s the web site: http://www.fraud.org/
12. File a Complaint with the National Association of Consumer Advocates. Here is their website: http://www.naca.net/
13. Small Claims Court. What’s good about small claims is that it is easy and can cause huge head aches for the company.
Good Luck!
---------- FOLLOW-UP ----------
QUESTION: I just asked another question in the ratings box, I did it in the wrong area, sorry, so I will ask it here. I received a call from one of the ladies in their office of Florida Sport and Recreation. I was told that the 150 that I was being harassed about was actually a voluntary fee to pay yearly if I wanted to continue having access to their "discounts" otherwise if I did not pay it, I would no longer have any benefits from their company. Does that seem fair or weird? I mean I paid them 2500.00, and now if I don't pay the yearly fee, I don't get anything. I didn't pay for advertising, real estate, or goods. I didn't even really get services. What would be the likelihood in my situation of getting money back? Do you think it would be possible? I have filed with the Attorney General in a different case, and they let you put in there what you are asking for, how many times are people successful? (Florida Sport and Recreation are not with the BBB I checked that before emailing you, but they do have SEVERAL complaints that have not been taken care of or setteled). Something really does not seem right here at all! (Thanks again, I am definitely not going to let this go thats for sure!)
Answer I don't have the statistics on how many people are successful - but this is clearly a rip off and a scam. I would definitely look over my list and begin the complaint process. You might be able to get your money back, once they begin to feel the heat. I would guess the chances for success depend on how many complaints the attorney general hears about for a particular company. Either way, by going through with the process, others will be warned and might not fall into the same trap.
Good Luck! Please, follow up with me to see how this goes - that way I can help people who might be in similar situations.
