CAMDEN, N.J. (Legal Newsline) - Three New Jersey residents are suing timeshare interests companies, alleging their timeshare offers deceive consumers.
Gaetano Tirri of Blairstown, and Brian Kalmus and Kelly Taylor, of Nutley, individually and for all others similarly situated, filed a class action lawsuit March 31 in U.S. District Court for the District of New Jersey Camden Division against Flagship Resort Development Corporation, doing business as FantaSea Resorts, La Sammana Ventures doing business as FantaSea Resorts, and Atlantic Palace Development Corp., doing business as FantaSea Resorts, alleging violations of the New Jersey Consumer Fraud Act, the New Jersey Fair Foreclosure Act, and the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act.
The suit alleges when the defendants sold a floating week interval interest in a timeshare property, they contemporaneously required purchasers to execute deeds-in-lieu of foreclosure, immediately divesting the purchaser of the property interests for which he paid consideration. This practice, the complaint states, renders the transaction a sham and deprives purchasers of their statutory protections under New Jersey law.
The plaintiffs and others in the class seek a jury trial, injunctive relief, declaratory judgment, actual and punitive damages, treble damages, rescission of the purchase contracts, plus attorney fees and costs. They are represented by attorneys David J. DiSabato of DiSabato & Bouckenooghe LLC in Mendham, New Jersey, and Andrew Meyer, Patrick Kennedy and Rick D. Kennedy of Finn Law Group PA in Largo, Florida.
The defendants transferred the case to federal court because the amount in controversy exceeds $5 million, the putative class consists of more than 100 members, and there is minimal diversity among the parties.
U.S. District Court for the District of New Jersey Camden Division Case number 3:16-CV-01771-FLW-TJB