Festiva Timeshare Resorts Fined by Missouri Attorney General
According to an article published by the Springfield, Missouri News-Leader, Festiva timeshare resorts will pay $339,000 to the State of Missouri and to Festiva timeshare owners participating in the lawsuit, for using what was determined to be, “false and misleading sales tactics while selling timeshares at a Branson resort.” The action specifically refers to timeshare sales at the Cabins at Green Mountain near Branson, Missouri, which are owned and marketed by Festiva Resorts, an Ashville, North Carolina company.
Missouri Attorney General Jay Nixon’s office originally brought suit against Festiva timeshares in 2005. In the Attorney General’s news release, issued at that time, the lawsuit alleged that, “Festiva lured consumers by falsely promising to:
- Help them sell other timeshares they owned.
- Help them rent out timeshares they bought from Festiva.
- Help them get good deals on condo rentals in attractive locations.
- Help them get good deals on vacation packages.
- Give refunds to those dissatisfied with their purchase.
Nixon also says Festiva didn’t give consumers enough time to make decisions, creating a sense of urgency and a high-pressure sales environment.
An unidentified number of consumers will receive a total of just over $324,000 collectively, and the state will receive $15,000 for civil penalties and costs. Of the settlement to consumers, $106,885 will go to customers who complained to the attorney general’s office before June 25, 2005, and use their timeshare at least once. The balance, $217,508, will be distributed to consumers who filed their complaints before June 25 and never used their timeshares.
If a Festiva resort timeshare owner, who is part of this lawsuit, used his timeshare at least one time, he is given the choice to: deed the timeshare unit back to Festiva and receive a partial refund; keep the timeshare and receive a small cash payment; or keep the timeshare and receive a free upgrade from the resort. If the timeshare owners who participated in this lawsuit have never used their timeshare, they have a choice to receive a portion of what they paid Festiva and then return their deed to the company.
Criticisms of Timeshare Sales Practices, but not of Vacations at Festiva Resorts
Remember that this lawsuit deals with timeshare owners who are unhappy with timeshare sales practices at Festiva Resorts, and their perception that promises made were never fulfilled. These timeshare owners are not unhappy with their vacation experience; there are thousands and thousands of very satisfied timeshare owners at Branson’s Cabins at Green Mountain timeshares.
This problem goes back to what we say time and time again at SellMyTimeshareNOW.com…timeshares can be great to own and enjoy and offer wonderful vacation opportunities…if you understand what you are buying and can make a thoughtful buying decision without the pressure of unethical or inappropriate sales tactics.
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My wife and I also fell victim to the high pressure sales tactics of rep’s of festiva resorts. We have also tried to book with them with plenty of notice at different times, with no success. we have had our time-share up for sale with a certain company for over two years with no contacts. If you can send us any info. on settlements, or buy backs or refunds; it would greatly be appiciated. In a nutshell we are very dissatisfied with the whole ordeal with festiva resorts and can’t seem to find an escape route. We really need someone to help us with this situation.
My husband and I didn’t know about this lawsuit until today! Believe me, if we would have been aware of it we would want to be included! Festiva Resorts was a high pressured company to buy — they wouldn’t take no for an answer. We were promised as an owner unlimited bonus weeks at ANY Festiva Resort for only $199/week. That turned out to be false. There were more misrepresentations after the sale. We are very disappointed and are trying to sell it.
I just found this site while researching how to sell our tri-annual week with Cabins at Green Mountains. We bought in May of 2005 with all those promises also. We used it to trade into a resort in the Bahamas in 2006. I just received my maintenence fees that when I bought was $133 a year and now they are over $600 and they are telling me the “board decieded we can not pay each year anymore. Why would I pay those kind of maintenence fees to have one week every 3 years? That is over $1,800! I could have a pretty nice place for that.
My husband and I are also victims of Festiva. We have been trying to use the resort for a year now with no success. We were told that we could call at any time: a week or a year in advance to make reservations. This was a lie. We have tried both with no success. We are always told there are no vacancies. We are buying something we can’t use. Go figure. Well, with the economy situation, my husband is barely working 10 hours a week. We have paid faithfully until last month. We just don’t have the money to give away. What can we do? We are also very disappointed and need them to buy it back or resell. A company by the name of concord calls us 3, 4, or 5 times a day with threats. I have asked them to contact us by mail only, but they want us to send them mail with this request. Please help us! Thanks
We feel like such fools! How could we believe anything the salesman was telling us? We purchased what was referred to as a vacation package. Never was timeshare mentioned. We bought something that does not even exist and it is costing us thousands of dollars a year. And we can’t even use it every year. We might get our ‘free week’ every other year as long as our maintenance fee is up to date and there is an opening.
My Mother-in-law was talked into “upgrading” her time share with Festiva in October 2008 for over $3000. She is 86 years old, is in the begining stages of dementia has not used her timeshare in over two years, maybe more and the $3000 represented almost half of her savings account. She lives on social security and now, because Festiva recorded the wrong mailing address for her, she has not received any billing information from them but according to Festiva Rep, is incurring late fees. This company needs to be taken to court again. I am thinking of filing a complaint with the Attorney General in North Carolina.
If anyon in NOrth Carolina wants to file a complaint with North Carolina Attorney General, please let me know. We have had nothing but lies and deception from this high pressured sales team. We would be extremely happy to be a part because we have never been able to get the benefits that were promised to us. We only got a reservation after we went down for another sells meeting and they did not know we were unhappy owners. they soon tried to get rid of us and everybody played “dumb” about our unhappiness. I want out and want to talk with the Atty. General. I will happily file a complaint. This has been a nightmare.
I have a Horizon Quest Vacations on Demand, but it is no good. How can i get my money back? I got this WSA sold by Festiva resort at green mountain in Branson MO.
We are very dissapointed of falling for such misrepresentation. They use the word “availability” to their advantage.
I contacted one of our favorite hotels in Charleston, SC, and attempted to make reservation for three nights any Sunday through Tuesday available during the summer months and that I was a Festiva member. The clerk responded quickly with a “No availability!” I asked if rooms are available if I wasn’t a Festiva member. He said he had 2 or 3 weeks in July and August at $275.00 a night. The next available week for Festiva memebers will be the first week of January, 2010.
Very disappointed and will be contacting Attotney General of SC asap!
HELP!!!!!
My husband and I feel the same way about Festiva. We tried to get into Stormy Point and Cabins at Green Mountain and we haven’t been successful. We bought into it February of 2005 and we still haven’t been able to use it. It is so irritating because they lied through their teeth about how easy it is to sell or rent or just simply use it. We went into their office to complain and try to sell it and they simply couldn’t buy it back they said, imagine that. In the meantime we got stung bad by the cost, maintenance fees and etc. Please help us out Missouri General Attorney. We wasn’t aware of this until just now. They are very pursuasive and yes if you turn them down then they send in another salesman and then another. I hope that we could get our place either sold or money back. Please help us out.
My complaint is similar to most of the others. We indicated we wanted to be in Branson each year in October because of a gathering of retirees we were affiliated with. They had just the right one!!! However, we ended up with “yellow” weeks 1-9 at the beginning of the year. Who wants to go to Branson in January/February??? We were not told when the “yellow” time was, and only assumed at the time that it was Fall (October)? We did not schedule our week during “yellow” the following year, and when we wanted to schedule, we found out there were additional charges because we were out of our season. Many other representations were made that have turned out not to be true. I wish we had known about the class action. We purchased in October 2006. Any help would be appreciated. Thanks.
We bought March 4, 2009 and was ok with the presentation, then 11-23-09 Festiva sent a deed back to us–one of two that we traded in for a discount. We figured they could not sell that one so we got it back. In total, they got 3 deeds–all 2 br/ba in Branson. We got 1 deed back and 1 week a year and using points and dues that are twice what we were told by lying salesman. Due to age and health he told us when we got to the point of not being able to travel anymore just stop paying dues and by 3 years our points would be resold. NOT SO!!! Festiva Corp. people have been no help. They told us they would turn our accout over to a collection agency and it ‘WOULD RUIN OUR CREDIT’. Everyone we talk to at Festiva just keeps passing the buck to someother dept. Looks like the fines in 2005 did not do any good. Contacting Mo. AG office. Thanks
My complaints are similar to the above. Additionally the 2010 dues have risen 30% (now i believe largely to Festiva’s lawsuits!)..I transfered from peppertree resorts Atlantic beach NC to Festiva two years ago..victimized by their hard sale and deceptive claims…is anyone out there also from north carolina and do you know how to initiate/join class action against this company??
My wife & I were highly pressured to buy with no time to think about it but was presented with a great deal. This great deal has not produced us an opertunity to even use it because we are having problems even finding them to schedule a time. The $199 dollar a week stay seems to have disapeared from where it was so visible before. HELP! I like Branson but this is starting to make me feel very uncomfortable with the city too.
My husband and I bought into Cabins at Green Mountain 6 or 7 years ago. He passed away in February and in dealing with Festiva, they have informed me they will not buy it back, even though it says they will, but I could give it back to them and will not have to pay maintenance fees. Well, isn’t that stupid. They will just sell it again to someone else. I have enjoyed my stays at Cabins and I have had no trouble booking them when I wanted to go, however they do lie and are deceptive in their promotions. How can I get out of this????
Festiva has ruined what could have been a good experience for most people. I own a timeshare at Peppertree in Atlantic Beach NC. I am a fixed week onwer & have owned for over 10 years long before Festiva came into the picture. I still have my deed & will not be converting to Festiva points. They try at every opportunity to pounce on me upon checkin to attend a “mandatory” meeting. I never go. All they want is for owners to sign over their deeds in a high pressured sales meeting. Once a deeded owner converts to their points, you no longer vote on anything anymore as board memebers decide on maintainence fees, upgrades etc. They try to make their program sound so great but honestly, I’m not paying several thousands of dollars for something that I already own. Because I have the deed, I can will it to someone. I’m not giving that up for points that are worthless! I choose to pay $89 a year for membership at RCI. Resorts condominium international. This is not through festiva & again I only pay for a year at a time & can opt out at any time. It allows me to spacebank my week at ATlantic Beach if I’m not able to go that week due to schedule conflicts. It saves my timeshare to use later in the year or up to 2 years later if I choose. My accomodations are dependant upon what is available from others who spacebank their units so most likely if I decide to go to Atlantic Beach later in the year than when I have my timeshare, I will not have my unit that I own (top floor). That is how it works. Whenever trading my week for another location or a different time of the year other than what I own, I always try to have several weeks & resorts to increase my options of getting something. No one can guarantee availability at any time of the year or a specific resort regardless of what they say. I know Hawaii takes 2 years to get. There are more people wanting to go than people spacebanking their units. With RCI, I can go on cruises & can stay at resorts all over the world not just Festiva’s 27 resorts! Again, RCI membership is not mandatory. I think Festiva takes advantage of those who are not informed including deeded owners who were under the impression that they were required to sign over their deeds when in fact, they are not. It’s a shame as I enjoy my vacations. I’ve had a pleasant experience with Peppertree & Eviquest who bought out Peppertree before Festiva. The staff at the resort have been pleasant. My only irritation is upon checkin when trying to get me to attend a meeting as they don’t take no for answer. I just tell them I’ll go & not show up, don’t answer the phone or the door as I’m on vacation.. Nothing is madatory! Others would enjoy their timeshares too if they weren’t promised something that Festiva can’t or won’t deliver….Good luck. I hope you get justice.
are you the person who purchased unit 25E from tina Allred? We have that unit for week 31.