In the current climate where the world seems to be spun by lawyers and attorneys encouraging us to take individuals, companies and even the state to court, it comes as no surprise to hear of a large number of companies claiming to be able to represent us in a class action suit against timeshare companies like Villa del Palmar or Disney. What they don’t tell us is exactly how they are benefiting from the lawsuit at our expense.
A class action suit or representative action is a legal proceeding where a group of people join together to sue an individual or company or visa versa. This can be a great solution in cases where large numbers of people have a solid case for a lawsuit, such as wide scale medical negligence or deliberate fraud. In order to fully benefit from a class action suit, you must be sure that the person or group of people you wish to sue are indeed in breach of contract law.
When filing for a class action lawsuit against a timeshare company, the main concern to beware of is whether you have a solid case and whether the company who are representing you are in fact a genuine company. In most cases, as has been seen with failed class action lawsuits against Villa del Palmar, is that most of the time the company orchestrating the class action suit are in fact taking advantage of innocent buyers who have experienced some bad luck with their purchase. Rather than dealing with the issue directly with the timeshare operator, buyers are encouraged erroneously to join a class action.
While a class action suit is the most cost effective way to take someone to court, there are various disadvantages. If you have a very b case yet the collective class action fails, you will not be able to refile individually, so your collective case is as b as the weakest claim of the group. You also need to weigh up the costs and what you are likely to receive in damages.
Perhaps the biggest downfall for class action suits against Villa del Palmar are the bogus or unscrupulous companies who offer assistance. Many companies file cases they know will not win as they are going to earn a huge sum from their fees regardless, which are multiplied across a large number of clients, so no one feels particularly misrepresented. You also need to beware of class action suits that offer coupon settlements rather than cash damages, which you exchange for other products.
Finally, when it comes to joining a class action suit against Villa del Palmar, the best advice is to contact a senior member of the timeshare operator. In today’s climate and with tighter control over the timeshare industry, there really should be no cause for you to be unsatisfied with your purchase, making the likelihood of you being able to prove a breach of contract slim. Speak to someone from Villa del Palmar about your concerns and save yourself the expense, stress and time. Your timeshare purchase is supposed to be a pleasure not a bind.
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