The Western Capital Foundation

It's Rock and Roll Time for Westgate Resorts- CLASS ACTION BOYS, Robert Paisola Reports Live

2011-07-20T00:32:00.000-07:00

This is an Official Western Capital VIP Announcement on

Westgate Resorts and David Siegel

Updated July 19, 2011

Comments from Utah Stories and National Boards

Before you Read this.. See what one VIP Client has to say ...

AND.....

Robert Paisola, CEO of Western Capita

To our friends around the country:

As many of you know, we have been dealing with Westgate Resorts and its CEO, David Siegel, now for over three years. We wanted to let you know that we are having progress, (just Google Western Capital v Westgate Resorts) and you will be able to see all that we have done.

This is the copy of an EMAIL that was sent to one of our VIP clients.

Listen Carefully, Tell them to go to hell and DO NOT PAY THEM. We have many victims in line for a class action lawsuit against this company. This is the kind of email that we receive on a DAILY BASIS:

http://timesharescamsupdate.blogspot.com/2011/06/westgate-resorts-illegal-activity-never.html

From The National Wire Services on Siegel

http://www.zimbio.com/Robert+Paisola/articles/o5H3D-Vn0lv/David+Siegel+Westgate+Resorts+Hit+Dust+Robert

Next, We are Announcing that Western Capital International has formed an Alliance with 500 Westgate Resorts Victims and 47 Employees and Former Employees for the purpose of filing a National Class Action Lawsuit against Westgate Resorts and all of The David Siegel Companies, including Planet Hollywood in Las Vegas.

Special thanks to the Western Capital VIP Staff and our newest VIP CLIENT (Client Data is Always Confidential) , for the extensive legal data that has been done and will be needed to do this. Special thanks to the current employees at Westgate who are also assisting us. Your confidentiality is absolutely assured. If you are a victim of Westgate Resorts, Do your research on this project and then visit www.WesternCapitalVip.com and email us at westgate@mycollector.com .

A National Conference Call will take place in the near future for the 500 New Clients and the Current Western Capital VIP Client Base (You MUST have a valid Client ID and Access Code to be present) to discuss this matter in detail.

Note to the media: The Conference Call is Closed to the Public. We will not be able to officially comment on this matter until the case is filed in Federal Court. Members of Law Enforcement will be present on the call. Our estimation is that there are over 100 Million Dollars in Damages just from what our teams have been able to uncover from (Read about David Siegel's House and Asset Sale Below) Westgate Resorts and David Siegel. (Our legal team will also be discussing this during the call) If you are a Current Westgate Employee who has been assisting us in Florida (Deeding Department and Compliance) or Las Vegas, you will be able to attend, email for details. All parties will be required to sign a confidentiality agreement, and the call will be monitored and regulated by Cisco Systems International

Westgate Resorts Class Action Lawsuit Now In Play

Nevada court might finally deliver timeshare ripoff victims the justice they deserve.

Reported by Utah Stories:

It has been amazing that such a blatantly dishonest company as Westgate Resorts has been able to continue lying to customers and selling timeshare rip-off scams for as long as they have.

It actually appears that Westgate might finally get what they deserve. A class action lawsuit has been filed against Westgate Resorts that apparently has a very good shot of winning in a Nevada court.

Utah Stories has been inundated over the past three years since they wrote their initial story on Westgate: Hollywood Dreams and Timeshare Nightmares about how their salespeople were blatantly lying about the cost, fees and potential value of their timeshares for sale in Las Vegas and Miami.

To get to know Westgate you must know Westgate’s owner.

Mr. David Siegal attends events with celebrities and business moguls such as Dolly Parton, Vanna White, David Hasselhoff and even Bill Gates. All of which have had their photos taken with Mr. Siegal.

Appearing as chum buddies, Mr Siegal attempts to builds his credibility like a parasite does with his host. The Westgate offices are plastered with photos of people who we know and might trust with Mr. Siegal.

Business owners and celebrities don’t realize it might take years to wipe the slime off their hands after they touch or even pose with this guy. Mr. Siegal has the most dishonest sales force I’ve ever encountered.

These people make used car sales people look like angels. They lie, cheat and steal from customers through “gotcha” contracts or contracts they don’t honor because they assume the victim will not go through the trouble of filing an out of state lawsuit. We have found this not only personally but through the hundreds of customer testimonials we have acquired. The flood of testimonials has made me believe this would be a perfect case for a class-action lawsuit.

Robert Paisola has on his blog The TimeShare Chronicles has documents related to the lawsuit filed under Nevada court. Anyone and everyone who has posted their stories on UtahStories.com should visit his site to see how to proceed in bringing justice to Westgate and Mr. Siegal.

To learn about more of Westgate’s deceptive practices. Read about our stay in Westgate’s Miami “Five Star Luxury Resort”. Or any of our other five stories posted on this company.

Ok.. If you think this is a good idea... YOU DESERVE WHAT YOU GET... BULLSHIT!
(This was an email that was sent to a CONFIDENTIAL VIP CLIENT) Do you guys REALLY think that this will RATTLE THE DAVID SIEGEL EMPIRE... This is what happens when attorneys think too much. WE DO NOT DO THIS!

Begin Text---

Thank you for your inquiry with regard to “getting rid of your timeshare.” The following information summarizes our main method for relieving prospective clients of personal responsibility for future timeshare payments, with ultimate surrender of your unit as our goal.

We utilize the formation of a limited liability company (LLC) as the vehicle through which you are absolved of liability. The LLC will have its own TIN (there are no tax consequences for this transaction), in order to distance you even further from ownership, and lend the LLC further individual identity. This is a legitimate tool and will pass muster against any claim against you. I cannot emphasize this enough; when the timeshare is transferred to the LLC, you no longer remain liable to the timeshare company, and when the timeshare company transfers the timeshare on its books to the LLC, you no longer have liability. However, we must be assured that the 2011 maintenance/assessment fees are current, and the timeshare unit is owned free and clear.

Your property is deeded and, therefore, the common law rules of real estate apply. Thus, as real estate, unless there is a restriction on the transfer set forth in the original deed, you have the absolute right to transfer the timeshare, and the timeshare operator has no right to reject the transfer. The transaction is absolutely legal. In other words, when the unit is transferred to another legal “entity,” liability ends. In this connection, I can safely state that the deed has no restrictions on transfer.

A private limited liability company (LLC) is created (the LLC may be created in any of the 50 states; however, our choice is based upon ease of filing and costs), before the next timeshare fees are due. We ask for a limited power of attorney allowing us to communicate with the timeshare company regarding the timeshare unit. We then transfer the timeshare by deed to the LLC, and submit the recorded deed to the timeshare company, which then transfers on its records the identification of the new owner. Thus, the entire process results in the LLC becoming the responsible entity, and removes you from liability. At such time as the LLC receives a bill for a future maintenance/assessment fees, we will apprise the timeshare company that the LLC has no funds to pay the fee, the LLC is dissolved, and the timeshare is abandoned, leaving the timeshare operator the only practical option of taking back the timeshare from the LLC.

The LLC incurs an annual state fee for filing a report as to the members and managers, but we anticipate that the LLC will be dissolved and the timeshare unit surrendered or abandoned long before any future state fee is assessed.

Our fee for our comprehensive service is $1,100.00, plus $260 in disbursements (disbursements are an approximation, based upon anticipated recording and filing fees) (the timeshare company may charge an internal transfer fee, which we will pass along to you when we know how much it will be ). Our fee is for comprehensive services, which includes filing fees for the LLC, estoppel letter from timeshare company, designation of registered agent, preparation of limited power of attorney, obtaining of TIN, preparation of transfer deeds, transmittal of deeds to Register of Deeds, notification to timeshare company, preparation of deeds of reconveyance, dissolution of LLC, recording costs, and any miscellaneous effort in connection with removing you from liability for the timeshare unit.

Please let us know if you would like to proceed. It’s important to keep in mind the date due on the next maintenance/assessment fee. A sufficient amount of time (6 weeks to two months) must be allowed to go through the process.

Fees are customarily paid in advance, and for your convenience and in order to expedite the process, we will be pleased to accept your credit card payment by phone. You may also pay by check, payable to ATTORNEY XXXX for $1,360.00.

Just as a matter of information, we have been asked many times: “Why aren’t you a member of BBB?” The reason why many “traditional” professionals like me (doctors, lawyers, dentists, architects, accountants) have chosen not to pay for membership in the BBB, is simply that the standards under which we practice our calling, as prescribed by enforceable codes of professional ethics and State licensing laws, are decidedly more stringent than any standards which BBB may prescribe. Frankly, BBB is often nothing more than a complaint bureau for consumers and a marketing tool for members. It has absolutely no authority to either resolve disputes or enforce standards. “We answer to a higher authority!” Should you wish to confirm my credentials, Florida is available online (MORE BS- DELETED) membership is presently inactive, since I have not practiced in that State for many years.

This is CLASSIC ATTORNEY SPEAK. DO YOU THINK THAT THE FRENCH CLIENT IN THE VIDEO ABOVE WILL GIVE THESE GUYS THE TIME OF DAY? ... RIGHT! GOD I AM GLAD THAT I DID NOT TAKE THE BAR EXAM.... WHY WOULD ANYONE WANT TO BE A LAWYER WHEN A CEO CAN HIRE THEM BY THE DOZEN FOR 25,000 per year?

From The Orlando Sentinel

Amid the nation's continuing real-estate slump, Orlando's time-share king is attempting to sell $350 million worth of real-estate and noncore assets, including thousands of acres of undeveloped land in Central Florida.

David Siegel, president and chief executive officer of Westgate Resorts, has listed a portfolio of properties with Carlton Advisory Services Inc., an international real-estate investment-banking firm. A total of 60 assets are up for sale, from hotels to mobile homes to airplanes.

"We're selling our non-time-share assets to raise cash for our time-share operations," Siegel said Wednesday. "We're selling anything that we don't currently need for our time-share [business]."

The real estate includes a dude ranch and the once-famous Grenelefe Resort, both in Polk County, as well as land that already has government approvals for time-share construction. Carlton Advisory Services said all reasonable bids will be considered.

"We definitely have a lot of interest," said Scott Stay, an asset manager for Carlton. "These are selling closer to distressed pricing, but they're not distressed assets."

Westgate Resorts, like many time-share developers, has struggled financially since the credit markets froze in late 2008. It has cut more than one-third of its staff since then.

Siegel also slowed construction last year of his planned 90,000-square-foot mansion near Windermere, dubbed Versailles, saying he needed to dedicate more cash to the business.

About three-fourths of the property now up for sale is in Florida, though Siegel is also offering holdings in other states, including Nevada, Missouri and Tennessee, where he has time-share resorts.

The assets listed by Carlton's online-auction service include two private aircraft, a 500-room Ramada hotel in Kissimmee and the rights to develop lodging on land near the entrance to Disneyland in Anaheim, Calif.

The entire portfoliois available for viewing by registered computer users at CarltonExchange.com.

Siegel bought Grenelefe Resort for $12.8 million at a bankruptcy auction in 2002. Residents there have complained for years that Siegel has neglected the golf-and-tennis resort, which once drew celebrities but has now fallen into disrepair.

Also on the listing: River Ranch, a dude ranch on 1,700 acres along the Kissimmee River. Siegel purchased that bankrupt property at auction in 2002, too, for $5.1 million.

Previous list prices for the properties range from $2,000 for some vacant land in Polk County to $50.3 million for the Grenelefe Resort.

I have been in this for awhile and went to FL with the intention of getting out of this once and for all.I have made my maint fees and haven’t used it for awhile.When I went there they stated I had to pay a $50 deposit and agree to a meeting that would take an hour while on my vacation.Well 2 1/2 hours later nothing was resolved by Hideko the sales rep.I told her I just want out of this timeshare she stated there is no way to do that.I told her I just want to sell the week and/or get out of it BY GIVING BACK TO THEM.I had a fixed week.She stated to me well there are 2 ways to get out update to a flex week so it will be easier to sell it and or rent it out or just don’t make the maint fee and it will go into foreclosure and be sent to a collection agency with unbelievable interest and go on my credit record and I would be unable to purchase a home for 2 yrs.Hideko told me if I upgrade to a flex week I would have a better chance of selling it.Hideko also stated to me that there was a man that rented his out for 5 years straight to a family from England for $600 a night.So I went ahead and did it so I had a better chance of getting rid of it.I called her the next day and stated how can someone get $600 each night when your site advertises $125 each night.Then I got another song and dance to the point I was set up with what they stated was a corporate person that would take care of me when I spoke to the closing person.Then I was baited and switched for a location other than what I had originally signed papers for.Also when I went back the first time after signing the next day I stated I wanted back my original week that was fixed and the closing person stated that was not possible that that was already gone which I replied to her it is Sunday and know banks or offices were open.The list of things goes on and on.Like I had my reservations 3 months prior and after making them they called me the next day and stated they would need to charge me another $500 and I stated I will not pay that so the girl on the phone stated I would have to cancel and rebook 45 days prior to my check in and I stated that was fine.She then stated she spoke to her supervisor the next day and we could leave things the way they were.I got to Orlando and they didn’t even have me listed for arriving on that date.The room we got was below par.The decorations were trashed and they obviously didn’t care about the decor.So when I told Hideko about the room she moved us by the end of the day.The accommodations were better but the tile floor was filthy(were is that maint fee going).A night or 2 before we left I found a dead cockroach by the dryer.That same night I went in the spare bedroom and turned on the light to see a live cockroach crawl out of my suitcase.We tried to go to the owner breakfast the second day we were there and went upstairs were everyone was and they had someone at the front of the line ask us were is your rep?I stated we are owners the person said the owners breakfast is downstairs out the back door.So we went outside and they had coffee, fake orange juice, milk 2 kinds of dry cereal croissants and mini muffins.That was the worst breakfast I have encountered. Especially for a so called 5 star resort.I had a better breakfast at Harrisburg PA at a Quality Inn were we stayed before heading to Orlando.I AM SO INTERESTED IN A CLASS ACTION FOR THESE PEOPLE.PLEASE REPLY AND LET ME KNOW WHAT NEEDS TO HAPPEN TO GET THIS STARTED.THANK YOU FOR YOUR TIME AND HELP ON THIS MATTER.

July 1, 2011 at 9:29 am
We made the mistake of purchasing a timeshare with Westgate and have been forever sorry. It is possibly the worst mistake I have ever made. Our dealings with them after purchase convinced us almost everything the salesman told us was either a lie or a half truth. Two years ago Welk Resorts offered to take our Westgate timeshares as partial payment for points with Welk. Our check to Timeshare Closings, Int. was cashed in November of 2010. What Welk Resorts ended up doing was signing our timeshares back over to Westgate. Now Westgate says they don’t have to accept them back and are demanding we continue to pay maintenance fees. After months of dealing with a collection agency my physical and emotional health is suffering. First of all, AVOID WESTGATE TIMESHARES in every way you can. I am now researching the best agencies with which to file complaints against Westgate. I’m sure it’s a long shot but I’m also searching for a class action lawsuit to join.

June 30, 2011 at 1:12 am
We own in Orlando also. We purchased our timeshare through Ramada back in 2000, which was in turn sold to Leisure and finally Westgate. We lived in Texas at the time but knew we would be transfering to Florida within 5 years. Well, all was well with Ramada and Leisure until we reached Florida and was ready to use. Westgate has never provided an update contract with their name or any documents other than a bill, not even reservation pamphlet. We have gotten to use our week during our open season April to August but only twice. We can’t use another facility in Orlando or any other city in Florida from which we are told. And we can’t switch to another areas peak season. Our last payment is in August but I would still like to be rid of this beast of the ever growing MAINTENANCE FEE and also included in the lawsuit. Please do not hesitate to contact me.

June 27, 2011 at 11:55 am
we attended a time share presentation and were told that even though we did not want to purchase a time share we could get a week at a discounted price. Our lives are too hectic to be gone for a week so we wouldn’t buy it. The sales rep assured us we could split the week in half and loose one day of the vacation. we called today to book a half vacation willing to loose one day and were told what we signed did not fit that option because we are not time share owners. Well we own our own business and work full time jobs, we knew the combination of the two would not allow us to be gone for 8 days at one time no matter how we planned and now we are told we can go for three days and just loose the other days and money we have already paid. Its frustrating!!!!

June 6, 2011 at 6:40 am
I was unemployed for a long time but never missed a payment except the maintenance fee on our Westgate resort in Orlando Florida. April 08, 2011 I told the Westgate rep that I would start paying on it at the end of the month. I called at the end of the month and completed the partial payment via their automated system. May I tried to logging on to my account to make another partial payment and pay the monthly installment, it appeared that I had been logged out and needed to call so I did, after I made the regular installment I told the rep that I wish to make another partial payment towards the maintenance fees however I was told that I could not pay anything towards the maintenance since it had been sent to an outside collection agency. The rep even refuse to verify the prior partial payment, so now they refuse to verify if the payment was made, have increase the total amount due on the maintenance dues and have some agency hounding me for something that was completely unnecessary,
I would like to join in and sue them.

April 19, 2011 at 4:29 pm
I have stopped the monthly payments on our westgate resort in Orlando Fl. I bought this in June of 2008 and have never used it.Each time i try and use it to exchange they have told me that it would cost $500 plus the exchange fees. When I bought this there was nothing said about the $500. I went to Las Vegas and looked at the planet hollywood towers and while there i had the manager to pull our account up and look. He said that with what i have in Orlando that i will never be abled to exchange for there or nowhere else. But for $7000 he can fix it for us. then dropped the price to $5000. i told him no that we had already been screwed enough. Since I have stopped paying westgate will this end up on my credit report? If there is a class action lawsuit I want to be contacted. I have more info that may be helpful. Thank youWe went to vegas for a friend’s wedding and decided to tour the PH property while there….they gave us he same story. WE weren’t gonna buy at a place we weren’t sure we could get ot easily. Also stayed at the Myrtle Beach peoperty (we oqwn in Orland) and they gave us the same kinda story. And their’s is a refurbished HOTEL! Their property at Colonial Williamsburg sucks too. I want out. Class actions sounds good to me!

March 21, 2011 at 8:36 am
Hi – I am now being hounded by Westgate for ever increasing dues. They are threatening legal action.
What can I do?I would ignore them Robert. It’s pointless to pay a company that lies.

tagged: scams, timeshare

Westgate Resorts Admits Timeshare Advertising Dishonest
Posted by Utah Stories in Media & Culture
A ‘five star luxury resort’ Westgate Resorts executive admits untrue. Our experience in Westgate South Beach and how Westgate’s deceptive practices should refund buyers their money.

Westgate Resorts Miami, Florida
Last week the time finally came to depart on our Westgate vacation in Miami. As I stated in our previous story, the fine-print in our contract showed that our one-week vacation was actually a three-night vacation for $495. Westgate said in their defense that a “one-week vacation” didn’t necissarily mean that we would spend the entire week at their hotel but they would be providing three nights and four days of a “one-week vacation”. Like many I’ve heard from since writing this story, countless times we have smacked our palms against our heads and said,” What were we thinking!” I don’t remember any hypnosis involved but somehow we were duped in such discpicable fashion. Almost immediatly afterwards I had some bad feelings about what we had just bought. What I remember is we were sold because of my inherent cheapness. I figured we might be able to save some money visiting my brother in Miami, all while having a relaxing stay at a five-star resort on Miami’s South beach. I imagined my family in their cheap little hotel room while we would be living large in our “five star resort.”
Eventually we came to the conclusion that what we believed were errors in our contact, or over-sight on our part,continued until it was obvious that we had been duped by modern-day corporate con-art— selling properties under false facades, using the credibility of business moguls to sell rip-off timeshares to people who don’t automatically consider all salespeople to be lyers. Now I know that if you are outside of Utah– don’t believe a word they say.

Hundreds Ripped of by Westgate

Westgate Resorts "Five Star" Room
As misery likes company I felt some relief in the fact that we weren’t the only dopes who had been roped— we have a lot company in our outrage. Westgate Resorts has ripped off hundreds if not thousands of people, who have complained on forums and blogs about their dishonest sales tactics. Luckily, we never agreed to purchase the complete timeshare agreement when were given the tag-team extreme pressure pitch in Las Vegas. However, we did end up purchasing what they sold us as a one-week stay with the option for three other small vacations at a highly discounted rate; with the additional incentive of discounted airfare (likely half-off, they said). They also assured us that we would be able to book the week we were wanting for my brother’s wedding. However, due to a processing lag of 20 days– there assurances were inaccurate and nearly every part of the pitch was deceptive. Seven nights was actually three nights (which I fought against and received an additional night). Airfare was more expensive through their Vacation Passport service not less. And the following is a report on how accurate we found their claim as a “five star luxury resort” to be.

From Four Star Hotel Heaven to “Five Star” Timeshare Stink
After arriving in Fort Lauderdale, we spent the first night in a four star hotel. We had booked a true “one-week vacation” by paying extra for the added days. Our first room was incredible. It was in a four-star hotel in the Boca Raton Resort Bungalows. With contemporary furnishings, bed with a down comforter and silky sheets; balcony overlooking palm trees we were quite pleased. Keep in mind, this place was only four stars.

Westgate Resorts Miami, Florida dirty showers, is this worth their bargain price of $165 per night?
The next morning we headed South on I-90 to Westgate’s South Beach and checked into room. Our first thought: “on what planet or time era could this room be considered five stars.” The furnishings were completely outdated. The various smells in the hallways were noxious. The couches and chairs would be lucky to fetch $50 at a garage sale. Brand new twenty-years-ago, this room might have been four stars merely for its location, however in 2008, the Westgate could never be ranked higher than two stars. What sort of luxury resort are guests required to plug their noses as they enter the hallway?
Perhaps David Siegel—Westgate CEO, believes by putting enough celebrity photos on the walls makes a vacationer feel special enough to make up for the gross smells, awful free continental breakfast. Mr. Siegel has photographs of himself with the likes of Paris Hilton, Dolly Parton and even Bill Gates on every floor throughout every hallway of the hotel. This was an obvious attempt to try to build credibility for the constant barage of tours going through the first floor. Funny they never offered the tours on the second floor where we were staying among the smells of antisepctic cleaner and food rot.

Westgate Resorts five star room service only makes your bed every-other-day
By our third morning I found Martha Cruz, Wesgate South Florida Manager, who was willing to answer my questions about how Westgate printed on their building several times “A five star luxury resort”. Mrs. Cruz’ response was that they were a “five star location”. However, once their improvements were completed, their resort’s ranking would match their five-star location ranking. I then asked here how it was that they clearly printed “resort” not “location” in terms of the five stars. Mrs. Cruz told me this was a referral to the future not the present. I then confirmed, “so your signage is inaccurate?” Her response was that currently its is inaccurate but in the future, when the add their Tiki Bar lounge and million dollar improvements it will be accurate.
When its it ever okay to produce signage and advertising that is not directed at the present state of affairs and sell and advertise as if it is? It would be fine if they wrote, “someday to be a five star luxury resort, but for now bring some nose plugs.” Westgate Resorts uses this tactic for both their Las Vegas non-existent Planet Hollywood tower, as well as their “five star luxury resort” in sunny South Beach. Certainly, no Best Western motel could get away with hyping their rooms as having balconies, marble and 15 foot ceilings then get away with it by writing on the wall of their tiny 8 x 10 room “in the future”. Customers would complain to the front desk and be refunded their money or face legal action. Yet Westgate, has seemingly found a way to get away with blatant deception. Not being an attorney I’m not aware of the letter of the law, but I think Westgate Resort’s lies are fertile ground for a class action lawsuit that should return millions of dollars back to the buyers they’ve deceived.
Editor’s Note: Our previous Westgate stories to date have been read by thousands of readers. These stories offer advice for selling timeshares and tell the entire story of our timeshare experience begining with the sales pitch in Las Vegas. Begin with the first installment: Hollywood Dreams and Timeshare Nightmares

Tell Us Your Westgate Rip-off Story
If you have been ripped-off by Westgate Resorts, tell us your story (using the form below). We will work on your behalf to organize a petition to begin the necessary legal action to return you your money.

Timeshare Rip-off Stories
Rafael Oliver-Vidaud
West Gate Miami Beach:
They lied to us when they said we would lock in the price of vacationing. They have turned the Miami Beach resort back into a cheap hotel that now costs less than our maintenance fees and they increase them every year; they are unable to deliver the flexibility that was promised.
Viviana R
honey moon nightmare
My husband and I had gone to Vegas around the same time last year (june), we were tolled of a 30 min talk about how we could be owners of a time share that would save us a lot of money on vacations, at first we thought why not listen we would at least get the free romantic package since it was our honey moon. The first few times I recall telling the lady that we could not offered it, and she continued to lower the price, until she tolled use that 174 dollars a month was the lowest price they would go only for us.. we felt pressured, but also excited about owning something. It’s been a year and I am now pregnant and about to lose my job from calling out to much due to morning sickness, i have contacted them hoping i can cancel since i will no longer be able to offered it, and what i got as a response was that I am not able to cancel~! and should fax a request to some account service department. I’m going to try and do that but I would like to get some help with anyone who has managed to cancel after a year.. pleas.. any money i can make now will go to medical bills and the baby.. but i would need to solve this problem first
David Smith
West Gate ownerships is a joke….. My room that I was shown to be purchasing was nothing like the out dated ran down room actually sold. During our stay our room was ram sacked by house keeping and items were missing. Managment never returned my calls and I wish I never bought the BS package. David Segiel is a comin con.
michelle jones
me and my sister was scam to by westgate resort they told us that we could sale own timeshare back to them at a profit that’s not ture,a five star hotel not,we pay 152.00 a month that 1,831 a year.the whole thing was a scam i told they i couldn’t afford it they said that they would buy it back if we couldn’t pay for it 4 years later im still stunk with this junk! THEY ALL LIE TO YOU AT WESTGATE RESORT.please can any one help me .
Minerva
Hello, My husband and I just bought astudio time share yesterday for 22,000 they told me I was getting a good deal becuase they were giving me prices from 2006. They did tell us we can carry over the week and that we would not ne liable for any damages if we rent it out…when I returned today my co-work told me they got a timeshare there for half the price and a bigger room. After that I decided to contact Westigate and complain about my purchase price…the rep ended up convincing me again that I still got a great deal…once a got home i decided to google up westgates pros and cons and found this website…thank you. I will get started today and send my certified letter tommorrow. Do I just fill in the blanks in the revocation form and sign and date or do I have to sent a explaination letter along as well?
re: Minerva
I don’t know the exact details, but they are required by law to allow you to revoke in a simple easy manner. Please let me know what the exact process is so that I can fill readers in. I’m So glad you found our sight and are preventing yourself from years of painful payments on a piece of sh** deal.
Kenyetta Kelly
I brought a 2 bedroom at Westgate Palace in Orlando Florida and they told me a lie too. They told me that I could not cancel my timeshare. I brought it on a Saturday in 2008 and when I got home that Monday I tried to call and cancel to see what steps I need to take to cancel it. I was told I coild not cancel it. But reading the article about the public offering statement it does say you have five days to cancel and they told me when I brought it that I could not cancel it because I asked the question what if I get home and want to cancel. They lie dto me and I have been stucked in this timeshare. And they lied to me about a whole list of other things in my contract. The same things they lied to Mondy Nelson about they told me which was not true. Page 17: Statute 119A: that Nevada law allows us to cancel (they didn’t want us to know about 5 days and tried to confuse us and spin around the facts until after 5th day)
Page 9.3d (after table of contents): Accural and carryover of timeshare weeks. You CANNOT carryover your timeshare weeks. We were told that if we didn’t use one week, we could move it over to the next year up to three years. THIS WAS A LIE
Page 10.8. It again states there is no carryover from one year to another. Like many timeshare victims, buyers often don’t use their week or days year-after-year, resulting in paying maintenance fees even without any usage.
Page 11 10.f: We bought a 2 bedroom suite every other year, which could be broken up into two separate weeks. One week in the one bedroom suite and one in the studio. We ONLY bought this because they said we could break it up and use the studio in one year and the one bedroom in the other year. This states that you MUST use both studio and one bedroom in that year. You can’t split in your off year.
Page 11 10i: We were told we could book up to a year in advance for our every other year timeshare. This says only book up to 120 days in advance.
Page 16 6: We were told that if the place was rented out and it became damaged by the renters we would not be responsible. That there would be HOAs (Home Ownership Association fees) to cover. This states that we would be solely liable for any damage incurred. Therefore their promise of the ease of switching weeks with someone in Miami for ours in Las Vegas was also a lie)
Page 2 of Exhibit 8: We were not told that the I.I program (the travel exchange) was voluntary. They told us it was part of the westgate program and that all dues were required each year.
Karen Cavalier
We bought into Westgate in Gatlinburg about 5 years ago through high pressure sales. We told them with my husbans’s job that we could not book vacations ahead of time. Oh-you own-not a problem. They showed us a beautiful deluxe room and we signed just that everyone else. Well, 2 months later, we tried to book and said there was no way we were going to get in that year. They sold it to us in August and had the nerve to tell us we couldn’t go. Through many phone calls, my husband got them to give us a reservation. When we got there, the room was horrible. It was not what was shown to us. We found out that they did a bait and switch. We went back to the sales management and threatened to see an attorney because my husband heard one of the salesman say they do bait and switch all the time. Well, they ended up giving us a fixed week with the ability to float, but that was a joke. Like many of you, we have also been scammed from agencies to try to sell them. Maintenance fees have gone up horrible. I think consumers should be protected from crooks like this. If they were made to give us our money back, they wouldn’t be filthy rich and continue to scam people. I wish you could get some help out there.
Brad Nelson
We bought a studio timeshare from Westgate Park City in 2006. They had renderings and info about the golf course all over the place. We were told that if we bought that we would get discounted golf and basically be treated like a country club member because we were owners. This was why we bought. The golf course has never been built, never even had an approval to be built, and today they don’t even bring it up. Of course the contract states that only the amenities listed are applicable. But come on! If any real estate agent in the country misrepresented facts like that on any transaction, then said “read your contract, tough luck, they would be sued, license revoked, and possibly thrown in jail. I would love to start a class action law suit here in Utah for the time period they represented the golf course. Anyone else get this pitch and would like to join in?
Help us gather 100 timeshare rip-off stories against Westgate so we may proceed with a class-action lawsuite against their dishonest business.
from John Smith
I am a timeshare sales agent, for the most part you are all right, but be very selective about thie timeshare you buy talk to other people and see if there happy with it timeshare is a good thing if you buy the right one. but under no sercumstances trust no one in the business they are all pathalogical liars
Follow-up from Michael
Richard:
We are currently pursuing a personal lawsuit, however the more information that I gather, it appears that a class action case could go forward, especially if there are more people who can come forward such as you with claims that what was in the contract was not what they delivered. For example your situation where in the written contract the difference between how a week is defined, providing 3 nights versus 4; although 4 was specificed and etc. Our dispute revolves aournd what was written in the contract versus what they are delivering regarding the timeshare purchase (deed issues).
According to my attorney this is classic “Bait and Switch” tactics that are employed and what they are doing is fraud.
If you have any other contacts who have experienced simlar experiences it would be great if you could provide me their details.
from Michael Bogenreif
I find your article interesting. We are in the process of litigating our issues with Westgate and would appreciate any other people who have experienced deceptive and fraudulant practices with Westgate – Planet Hollywood.
from D Baker
The 2008 Florida State Statutes are located at this link
You may find this to be very useful. We did… We beleive that we will receive our down-payment refund in full and according to information in the stautes, they must provide the refund within 20 days.
from Ginger D
I want to file a class action lawsuit against westgate resorts in Orlando Florida for misleading practices. It is a typical timeshare nightmare story. Basically, I have a timeshare that is paid off and I have outrageous maintenance and tax fees. I can’t even give this timeshare away. It costed us about 16 grand. They gave the impression that we could resell through them and that our maintenance fees would be around $400 dollars per year. The maintenance fee has gone up to about 800 dollars a year or so. I am worried it is going to keep going up. They won’t buy it back, resell it for us or even take it back for free. It is a monkey on my back. I have read story after story about these timeshare industry scams. I have tried to list it through a timeshare listing company only to find out it is a scam too. Those companies who listed them have already had a class action lawsuit against them or have closed shop and left town. I would venture to say I have blown at least a thousand dollars on listing. I am learning how not to get scammed the hard way. I want to sue westgate resorts for misleading practices. If not for that, then for whatever I can do to them to shed a spot light on them. If not a class action lawsuit then perhaps passing of a bill to protect consumers from these misleading practices of the timeshare industry. It isn’t so much money I am after but setting a presendence. I would like to get back my 16 grand at best though.
from D Baker
It happened yesterday, being sucked into the absolute worst decision I have ever made financially… We accepted the tour for discount, initially declined, later accepted (bought/agreed) and today on the way home, realized what an idiotic stupid move it was… We’re in the process of cancellation tonight. It “IS POSSIBLE” as long as it’s accomplished within ten (10) days of signature “OR” delivery by the developer to provide all required documents (which may include the actual deed for property depending on the state). The FL state statues explain 10 days as the day you send notice, so get confirmation of delivery (apparently that’s all that’s required legally)…. Also stated; you may “CANCEL THE CONTRACT WITHOUT ANY PENALTY OR OBLIGATION” which we have requested and expect a full and immediate refund of the down-payment. We noted this information in our request.
Not certain this will help anyone, but we’re trying and the information was there in paperwork provided.
I assure you that it’s most likely in the document with font so small you can’t see/read it. That’s where we fond it.
Last week if anyone asked what the stupidest thing was I had ever done, I wouldn’t know what to say. At least now, I have the answer…. At least I may be able to recover…
Best of luck to all!…
-From Ken H
We took a trip to Las Vegas and was booked at the hotel now called Planet Hollywood. After checking an on our way our room. We were approached by a couple of guys asking us if we would like a free meal and a couple of show tickets, they stated all we had to do was listen to a 30 minute talk. So we agreed and went the next day. No where in this conversation did they mention timeshare if they had I would of said no thank you. The next day we went it was more like a 3 hour and when we told them we could not afford it they magically came up with another one. We still said no and they said we will let you talk it over this went on for 4 conversations and finally just to get out we signed on. When they finally took us back to the hotel we went through the papers but found nothing in there to cancel. So after a year of arguing with them they sent me a paper I had signed showing we were suppose to cancel within 5 days. No where in my packet was that paper. Had it been I would of went the next day to cancel by way of the Post Office sending it Express to the address listed with a return receipt for proof. Then I get a phone call from them tell me my tax are late. I tell them I don’t nothing about taxes they said it was in my contract I told her that contract is useless as your company gives selective parts to people. A couple months ago they started bugging me to give them names of friends or workers so they could try and sell them a timeshare. I went off on them saying I would not even do that to people I dislike. I told the girl that her company screwed us, her reply was I am sorry you feel that way. Yeah right. I have yet to use the timeshare and don’t plan to. I do plan to go back to Las Vegas though and wear a T-shirt with something to the effect if you buy a Timeshare remember you have only 5 days or you are screwed for life.
Response
Thanks for the story Ken. It sounds like your experience very similar to ours. What amazes me is that Westgate Resorts employees seem so naive in the deception they are engaging in. We bought our week in the end, because the final woman we spoke to seemed so nice and down to earth. She was foreign, telling us about her new baby. In the end, we came to find out nearly everything- not just a few things-but everything that came out of her mouth was a lie. I’ve come to think I can trust certain types of people. Don’t trust anyone in a timeshare sales office.
From Tammy Sullivan
Tammy writes that now in addition to selling timeshare rip-offs, Westgate is also overbooking or double booking their incentive package
Its this incentive package they use to lure people into their sales area at Westgate Hollywood Planet Resort. Tammy says that she and her husband booked 3 days and 2 nights for $199.00 and have already made plans to travel to Las Vegas. Now Westgate can’t confirm they will have a place to stay.
Tammy writes -
NO where on the papers does it have a room confirmation for the date we requested. Just a confirmation for a Westgate Vacation package for 3 days 2 nights. Typed on it it says to call for vacation. Well tonight he has spent two hours and spoke with over eight different people and have gotten no where. Never, ever gained access to speak with a supervisor. Last person he spoke with said he would look into it and call within one hour. Well after 90 minutes my husband called him back and he sent my husband to an other guy who said we are on standby in case anyone cancelled. NOT ACCEPTABLE. Not what we have set out to do nor travel over 2000 miles to MAYBE have a room or not. As it stands right at this moment the last guys we spoke with will get back with us tomorrow. Will keep you posted…
PS By the way we are timeshare holders in Orlando but have yet to use our timeshare. We have bought into it 1 year ago and have purchased it for every other year.
Response
I’m sorry to hear about your problems with Westgate. If you do end up going and finding a room I think you will find, as we did, that what they promise as a delux room will be quite a disappointment. There are now some very good specials going on at Luxor and other very nice casinos for close to what you will be paying for your Westgate room, I would try to get your money back and book at another casino. If you would like to read about what our room was like in the “new” Planet Hollywood Resort you can read about it in my first story here:
Hollywood Dreams and Timeshare Nightmares
Good luck, and keep us posted on what happens.
Update From Tammy Sullivan
My husband has now requested they just refund us our money back ($199.00) and forget it. She put him back on hold …she came back she said the refund will take about three to five days to go through. Cannot send us a confirmation to verify they will refund our money. I am TRUELY ashamed to say we have the timeshare with them. (Have yet to use it) In the meantime I am about to call American Express (how we paid for this) and see if they may be of assistance.
Related Posts
- Timeshare Scam from Westgate Resorts
- Vegas Timeshare Scam from Westgate Resorts
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18 Comments so far:
1. Carmela Ho says:
  July 11, 2011 at 11:14 am
  Hi, I couldn’t find a contact form and it’s really important that I reach you so I hope you don’t mind me posting here. WOW, what an interesting little blog you have here :)! I also run one similar to Utah Stories » Blog Archive » Westgate Resorts Admits Timeshare Advertising Dishonest, I guess great haha. I’ve been following your site for a while now and I’ve got some bad news – you’re wasting your time if you’re only making a couple hundred bucks or even a few thousand a month. You can be doing SO much more. There are a lot of tips and tricks that will help you improve your google and yahoo ranking, just some stuff I’ve learned over the ages. It’s easy! It shouldn’t take you more than 5-10 minutes. Please reach me today at BigBloggerJake [at] gmail.com. I’ll check my spam folder and you should too, I know email filters are crazy these days. Looking forward to boucing ideas with you!
  
  Reply
2. Marie says:
  June 15, 2011 at 9:15 pm
  It’s a long story and too many to write. To make it short, we upgraded our westgate flamingo vegas timeshare to Planet hollywood but learned it was a down grade but was ripped off $10k out the door.I am interested in class action.
  
  Reply
3. Cassandra E says:
  June 14, 2011 at 8:30 pm
  I purchased Planet Hollywood Westgate with an every other year option, being told I could trade it in for any other property in the world with a phone call because Vegas was the most popular timeshare and with Interval International, all I had to do was call and reserve from any of their properties. It is so much more difficult than that.
  But the big things was maintenance fees every other year starting in 2009 then continuing in 2011, 2013, etc. The property was not ready for occupancy until 2010 and I was still charged 2009 maintenance fees and told I could use the property in 2010. I asked how they could charge maintenance on a building that was not opened and required no maintenance, telling them to waive the maintenance fee and I would resume in 2011. They would not allow this quoting the legal problems I would get into by not paying and making the timeshare impossible to sell. I paid the $750 to “maintain a property that was still under construction.
  Now, Jan.2, they are billing me again for 2011 maintenance fees, $850 this time. I could get a week at the Bellagio for that. And I already paid over $20,000 for a every other year timeshare. If I am only suppose to pay every other year, and they have only been open a year and a half, how can I be billed twice.
  Any help would be greatly appreciated.
  
  Reply
4. David CHERNESKI says:
  May 3, 2011 at 6:53 am
  We just want out of our westgate timeshare,We tried to get them to buy it back but they wouldn’t even listen. The maintenance and taxes are out of control.PLEASE HELP!
  
  Reply
5. Wesley says:
  April 15, 2011 at 3:26 am
  My family and I went to Westgate Park City in February, 2011. When we arrived we noticed we were given the wrong room and asked to be moved. It took mgmt 30 hours to move us to the correct room! We have been owners at Westgate since 2008, and had two great years in the correct room. Mgmt is now telling us that it was a fluke that we were in those rooms! I have documentation that shows exactly what we bought! Simply put, they are trying to do a bait and switch on me!
  The treatment my family and I received at Westgate Park City, was disgusting! I am currently working with David Siegals office to try and correct this issue.
  There is more to this issue then I can write and it is very disturbing. I feel I have been deceived.
  
  Reply
6. Stan d man says:
  March 9, 2011 at 6:06 am
  people i just found another website, actually a blogsite that may lead us to our answers regarding westgate and d seigel. and here it is. http://timesharescamsupdate.blogspot.com/2009/02/westgate-resorts-david-siegel-class.html. just highlight copy and paste on to your browsers address field this should load the page and there you can add your blog or plea. good luck, i have done the same on their end to come here and post any info we could all use.
  i think there are more sites out there that we can all go and state our frustrations about westgate hope we can all help each other
  
  Reply
7. Mike M says:
  February 25, 2011 at 2:33 pm
  reply to dane white
  Why can’t you get a week? If you try and book a week within like 1-2 weeks before you want to stay, then you probably won’t get that week. I book mine 10 months in advance..don’t have any issues. I have no problem with my timeshare…except the HOA fees…somewhere during the sale that went over my head. The HOA fees are a big rip-off. 700-1000 a year depending on what you own is outrages for only being there 1 week out the year.
  
  Reply
8. Mike M says:
  February 25, 2011 at 2:24 pm
  Easiest way to get out, stop paying on it. be just like not making a car payment, it gets repoe’d. You credit will get affected, but bad credit is not like it used to be. Now you can file bankrupsty today, but a new car tomarrow.
  
  Reply
9. Patricia Jones says:
  February 22, 2011 at 1:53 pm
  Like so many of you on this blog, we have been ripped off by Westgate. We bought Westgate Planet Hollywood and now I just discovered that they don’t own it anymore. Actually Worldmark by Wyndham bought it a few months ago.
  If there’s a class action in the works, please let me know.
  
  Reply
  - Cassandra E says:
    June 14, 2011 at 8:33 pm
    If you hear of anything, please let me know. I will do the same.
    Thank you
    
    Reply
10. Dana White says:
  February 14, 2011 at 9:51 am
  Multiple lies and pressure convienced me and my husband to purchase timeshare in gatlinburg around 2 years ago. Today is 2-14-11, we still have not been allowed to stay our 1 week in the cabin they deeded me. Please is there anything we can do to get out of this nightmare? Please include my name if a law suit is filed…
  
  Reply
11. EVE M says:
  February 13, 2011 at 11:58 am
  i purchased in 2007, and was told that i would get a week every other year. However, most weeks are normally booked months in advance and i ended up having to deposit my weeks so i would use them. Then i was told that their may be a fee for using the weeks. This is a rip off and it seems i will never pay it off. Also i used i think it was time share by owners to try and sell i paid and then they kept asking for 1000′s more dollars to list the property and sell it. I would not advise any one to purchase from Westgate.
  If a class action suit is going to be filled i would like to be involved.
  
  Reply
12. brenda says:
  January 25, 2011 at 3:41 pm
  I am a very mad owner we purchased a timeshare with westgate resorts in 2008. We asked the sales guy if we split our time and dont use it all at once is there any other fees to pay to do that and he said no. We asked the sales manager the same question and he said no so we agreed that helped us make our choice we wouldnt have bought if there was we then asked the closing officer the same question she also said no fees. Well later on we found out that there is some stupid fee for us to split our time and no use the whole weeks or rooms at one time that was not what we were told. That is lies and fraud to get people to buy that is deceptive and isnt it illegal. Please can anyone give me any ideas on what to do. Noone at westgate wants to honor what we were told they have no customer service skills and dont care about owners as long as they are getting money. I filed with the BBB what a waste that is they dont do anything.
  
  Reply
13. Sue Stone says:
  January 15, 2011 at 6:28 pm
  I too have a Westgate Timeshare, my was purchased in Gatlinburg. I was mislead in every direction during a sales presentation that went on and on for hours. Sales personal were all over you during the presentation switching off during the conversation if it looked like they were losing you. I tried so many time telling the lady I cannot afford this. They continued to change the deal around until finally coming up with something I thought maybe I could afford. They did not even check my credit before approving the deal. I couldn’t afford it then and I am struggling to keep it current now. I fell behind in the maintenance fees and they turned it to a collection agency and the man talked to me horribly I ended up charging the fees to a credit card to get him from calling me again. I will not do that again. The mortgage is current by the maintenance fees are now over 1200.00 and I make 25.00 payment monthly. I wish I had had the courage to get up and walk out on that sales woman and not looked back. I hate the timeshare and wish it was illegal for companies to prey on people in such manner.
  
  Reply
14. Zackery says:
  January 14, 2011 at 11:53 am
  PURCHASE DATE WAS 7/28/07. PROBLEM WITH FINANCE AGREEMENT. WAS LEAD TO BELIEVE ONE CHARGE AND HAVE RECENTLY DISCOVERED A DIFFERENT AMOUNT. OWNER RELATIONS VERY UNCOOPERATIVE. MAKES EXCESSIVE CALLS EVEN AFTER PAYMENTS WERE MADE DEMANDING PAYMENT. NOT ABLE TO EXPLAIN WHY CAN WE COULD NOT STAY IN UNIT THAT WAS RESERVED ONCE ARRIVED ON PROPERTY. CONTINUE TO PRACTICE HIGH PRESSURE SALES EVEN THOUGH ON VACATION ALTHOUGH INDICATING NOT INTEREST AND DISSATISFACTION WITH COMPANY. HOUSEKEEPING JUST HANDED US A BAG OF TOWELS,SOAP,AND TOILET PAPER, THEN ASKED US TO SIGN THAT THE WORK WAS DONE. AGREED TO REFINANCE AT ZERO PERCENT IF ANOTHER DOWN PAYMENT WAS MADE AND NOT CREDIT WOULD BE GIVEN FOR THE AMOUNT ALREADY PAID. ONLY ABOUT $30 OF THE $140 PAYMENT EACH MONTH WAS ACTUALLY GOING TOWARDS THE PRINCIPAL OF THE PROPERTY. CAN NEVER GIVE AN ANSWER WHEN ASKED HOW CAN THEIR PRACTICES BE LAWFUL. RESPONSE IS ALWAYS RUDE AND DEFENSIVE. WANT OUT OF THIS CONTRACT. WOULD LIKE ANY INFORMATION ON JOINING CLASS ACTION SUIT.
  
  Reply
15. Mary L says:
  January 4, 2011 at 1:42 pm
  My husband and I have been married for 8yrs. He bought a Westgate time share from a friends sister and her husband before we were married. It’s For every other year and it has gone from $600 to $800 (every other year) maintanance fee. It’s paid for but I want out. I do not want to go to Disney every other year and it’s $140.00 to exchange for another resort w/i westgate and $200 to join interval international for exchanges elsewhere. We have done the latter twice (once for the Dominican Republic and once for Miami) they were both DUMPS. We attempted to add my name to the deed. We were told to send a copy of our marriage certificate and a notarized letter and it would be taken care of. Once we did this we were told that we needed to pay a fee and go to the courthouse in Florida. I am so SICK of Westgate. We just want OUT!! PLEASE HELP!!!
  
  tagged: scams, timeshare, vegas
  
  Timeshare Scam from Westgate Resorts
  Posted by Utah Stories in Media & Culture
  Part III in the ongoing story of attempting to fight back against Westgate Resorts rip-off time share scam. See our previous story on Vegas time share scams.
  In the previous installment I described how Westgate Resorts in Las Vegas used dishonest practices to sell us a time share single-week package for Miami Beach, Florida. We bought the package with the assurance that we could easily book the week we wanted (for my brother’s wedding in March). Previously, I described how things went wrong. For the past two weeks I’ve made an attempt to fight back against Westgate, and do all in my power to get them to own up to their lies and blatant deceit and give us the vacation we purchased.
  Fortunately, we never purchased the $30,000 time share in Las Vegas Planet Hollywood Resort (which is now selling for just under $10,000 here). We did however, buy a one week package for $495. We assumed this compromise was indeed a good deal, used to entice customers to upgrade to the full package. We were assured by our sales representative Sonia that this was the case. She was a nice lady and didn’t for a moment appear be a con-artist. In hind-sight she was so effective in her lies because she appeared innocent and kind. Where the previous sales efforts of Hikoo and Melissa failed, Sonia succeeded perhaps because as a unique foreigner from South Africa she in now way appeared deceptive.
  
  Miami Beach, Florida
  We had completely digested the lies Sonia had fed us had, when we finally discovered them (nearly one month after our purchase). Not until after the 30 day processing lag when we first attempted to book our vacation, did we discover innocent sweet dark eyed, dark hair and foreign Sonia, was in fact a bold-face-liar. Sonia had told us we were buying 8 days and 7 nights. The contract, however, sated “4 nights.” I do blame myself besides Sonia for this oversight. Anyone spending any amount of money, based on an agreement, should read a contract in its entirety. If anything is unclear in a contract, don’t ask for an explanation, instead simply don’t buy. Everything in a well written contract should be crystal clear. Contracts for purchasing agreements should never be confusing, (my dad is a realtor and he has told us this). If there is nothing confusing about the agreement (buying a one-week vacation) there should be nothing confusing in the contract. The contract should be brief and easy. Westgate’s contract for purchasing a (supposedly) one-week vacation is four pages. Sonia was talking to us about South Africa as we were signing the agreement. She never bothered to point out what the contract actually stated. This was lesson number two: don’t be friendly while signing a contract.
  With this said, I wasn’t about to complain to Westgate about Sonia’s sales tactics. Yes, I was lied to, but everyone living in the United States (especially me) should well know that what is in black and white is what matters, not what verbally agreed upon. We (believed) we had bought four nights five days for $495, I could still live with this. My relief in not purchasing the entire time share package helped me to forgive Sonia and realize my own ignorance.
  
  So why have I been fighting Westgate for the past month? Because our contract states in two places that the arrangement is for “4 nights”, yet they keep telling us they don’t offer a four night package only a three night and seven night package. So because there is no such thing as a four night package, we need to understand that we only have three nights, despite what the contract states. Unbelievable? Its true, I spoke to three different Westgate representatives, we have booked our vacation for August, yet each representative has told us the carbon-copy ink impression on our contract is inaccurate and we only have 3 nights. I spoke to two Hispanic women when I called the first two times. I didn’t want to raise hell to these women, so I asked to speak to their manager. The second lady told me I should fax them my contract, and if it does say “4″ nights I will get my four nights. I did one better than this and scanned two pages of the contract where the number “4″ is so clearly written.
  Finally, I sent the e-mail along with links to my previous stories. This was still not enough. I then spoke to a gentleman named Louis, who told me, despite the evidence, it didn’t matter. They don’t offer a 4 night package. I was begining to wonder if this was a common routine. I asked to speak to his manager, Louis said he would have his manager Freddy call me. I said to Louis, “They have told me before they will call and they never did. So I don’t believe you.” I was angry, the entire time on the phone with Louis. “Freddy will call you. I’m sure he will when he gets off the phone.”
  Nearly a week went by before I was contacted by Freddie (Manager of the Wesgate Resorts call center). When I finally got a hold of Freddie he again repeated what the others had told me, “I’m sorry sir, but what the contract means is 4 days and 3 nights.”
  “My contract reads ’4 nights’, there is no ’3′ anywhere. The number “4″ and after that it reads “nights”. Pull up my scanned copy of the contract if you don’t believe me.”
  I then spouted off the entire story about how we had been completely lied to, believing we had bought seven nights. Telling me now that my contract is wrong is unacceptable. I’m not going to accept being lied to then blatantly deceived.”
  I was yelling at Freddie. Freddie wanted to calm me down.
  “So what do you want me to do about it sir?”
  “How about I either get what’s in my contract or you give me my money back?”
  Freddie agreed to generously give us the fourth night, as written in the contract. He said we should receive a confirmation letter in the mail soon. One week later we still haven’t seen a letter. Who knows if he really added the night or if he is just betting that I wont call back again and wait on hold for an hour just to fight over getting our fourth night.
  The entire saga has made me consider the nature of big corporate power. I’m not an anti-corporate activist. However, I have come to understand a new fact of life in dealing with dishonest corporations. This lesson has made me understand how and why our courts are so filled with class-action law suites; where greedy lawyers line up for the opportunity to go up at bat against a big corporate powers.
  Westgate Resorts is one of the largest timeshare companies in the world. With every person you deal with, there are 100s of others who could also be speaking to you. I imagine the span of cubicles and offices must be vast. The representative speaking to you might offer their first name, but in dealing with such a giant as Westgate, its clear that employees believe that there is almost no accountability for their actions or words. I don’t believe that all timeshare companies are evil, or that even Westgate has evil intentions as a corporation to rip-off as many people as they possibly can. However, Westgate functions under a giant bureaucracy where every person, office and resort is an additional layer of padding for real accountability. There is always another rung in the ladder. No doubt, Westgate Executives believe that very few will be willing to make the climb to where the buck stops. Few have the money and few want to hire a lawyer to hold their feet to the fire.
  My final words to Freddy were, “You have my contract in hand. Would you please go back to Sonia, or her boss, and ask her why she is lying to her customers to get the sale?”
  “Yes sir, I will, that is not how we want to operate here.” I’m sure Sonia got an earful from Freddy.
  Related Posts
  Westgate Resorts Admits Timeshare Advertising Dishonest
  
  Vegas Timeshare Scam from Westgate Resorts
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  4 Comments so far:
  1. ICB Butter says:
    July 3, 2011 at 9:17 pm
    New Plant Hollywood by Westgate Resort. Timeshare are dishonest and they have stole more than $17,775. I had no clue they were scamming me since 2009 Every time I tried to book a week they it were you have to pay for an exchange week are some other fees and I never used it nor seen the resort, I were paying on it since 2008.They were misleading and lying as they go alone. Using high pressure and making us think we were getting a real deal. This is in the center of the Vegas strip and everyone want to buy this Resort and it worth a lot of money. It will pay for it self. and at anytime you do not want it we will buy it back. I have learned if it sounded to good to be true and they still scammed me. Each man came to our table were better then the other one.
    I want every penny they stole plus Tax and the one’s involved in these scammed should be put in jail.
    
    Reply
    
    ICB Butter says:
    July 3, 2011 at 9:24 pm
    Corrections above every time I tried to book a week the would tell me about exchange fee’ and are they had no rooms at that time.
    Westgate tell all kind of lies. I want to put my name on a class action suite. Are there on out their?? I’m so MAD at Plant Hollywood in Las Vega. They stole my money
    
    Reply
  2. Leah says:
    June 6, 2011 at 3:55 pm
    I don’t normally comment on blogs.. But nice post! I just bookmarked your site
    
    Reply
  3. Linda says:
    February 3, 2011 at 10:59 am
    We are really idiots, we have been fighting with Westgate since 2002 and we continue to purchase from them, in hopes that we will get to go somewhere else, instead of only Florida. That is the only place we have goneand every yeare we fight to tears trying to go to other Westgate properties.
  tagged: scams, timeshare, utah, vegas
  
  Vegas Timeshare Scam from Westgate Resorts
  Posted by Utah Stories in Media & Culture
  How one-week single usage timeshare options are misleading and dishonest. The second of four installments beginning with our previous story on timeshare nightmares.
  It’s very fitting when you consider that Las Vegas is the number one place for timeshare sales in the United States. I now completely understand why timeshare companies are so willing to offer free vacations worth a few hundred dollars, just to get you into their presentation. Just as most gamblers (including myself) don’t consider the long-term statistics or relevant facts of the situation, timeshare buyers share this mentality. The difference is gamblers have close to a 50 percent chance of winning at some games like blackjack. Winning from buying a timeshare in Vegas, however, is impossible.
  In the previous installment I described how Westgate Resorts in Las Vegas used dishonest practices and emotional appeal to attempt to sell my wife and I into, what we later found out, was a big-time ripoff timeshare.
  Westgate and Grandview both tell potential buyers that they need to enjoy life, take a break from hectic American society. They sell the notion that there is no better way to vacation then by owning a timeshare. However, just as our presentation was wrapping up, a timeshare salesperson was being carted off on a stretcher to a waiting ambulance. The $40,000 commitment doesn’t offer relief but stress. The borrower is slave to the lender, and Westgate Resorts is selling rip-off time shares that the open market offers for nearly half of their asking price.
  
  I wrote my last piece in hopes of helping people from making the mistake of burdening their lives with a rip-off. As I noted in the previous piece, we did end up purchasing the $450 dollar option for one week in any Westgate resort, for attending my brother’s wedding in Florida. The salesperson assured me that we would have no problem booking the room we would want in Florida if we acted right away. What we later found was that a 20 day processing lag prevented us from “acting right away”, and by the time we were able to book our week, the rooms were already sold out in Florida.
  I don’t blame the saleslady as I do myself for being duped. Its clear that these salespeople can say nearly anything and get away with it, and they are likely trained to lie. It is only the words in writing or legalese that matter. In the fine-print, we also later learned that Florida (Miami Beach) is also excluded from the one-week purchase agreement. I don’t believe our salesperson intentionally lied to us, I think, more likely the sales agents don’t know any of the fine print and they are free to sale as they wish.
  The second lesson I can share is, before considering buying a timeshare be sure to research the deals available on the open market. Buyers should never trust these sales agents, they try to convince you that you are buying an investment that will go up in value when the truth is after you have signed the paper work and walked out the door, most buyers have immediately been suckered into a huge rip-off that is worth thousands less on the open market. Timeshare sales agents have almost no accountability to be honest with their customers. They aren’t real estate agents, therefore they need not worry about losing any type of license, if they are dishonest. The fine print of the contracts absolves them from any liability. The distance people travel to attend these timeshare presentations is another way they can get away with their lies. Very few people from Salt Lake will return to Vegas to find the lyer and beat down their door. Trust these people even less then you would a used car sales person. Save your self the lies. If you want to purchase a timeshare, buy your timeshare on the open-market, at places like sellmytimeshernow.com. The thousands you save will apply to many more free trips or false incentives then they can ever offer.
  I’m still not a fan of timeshares over traditional real-estate that you own outright, however, there are timeshare bargains to be found, especially in an economic down-turn. If you have already bought your timeshare from Westgate and you want to get out of it, my recommendation is to wait a year (if you can) until the economy picks up again, then list your timeshare on one of the sites listed on the side-panel.
  Story Update: We have now completed our timeshare battle against Westgate in Miami, Florida. In this installment we gain access to one Westgate executive who admits that thier advertising is dishonest. Read the final installment of our popular series released September 10th, 2008 here
  
  Reader Comments
  Doug Klein
  My wife and I purchased a unit at Flamingo Bay in Las Vegas in December 2005. Due to an extended illness, we used the unit for the first time , Feb. 2009.
  When we purchased, we were shown only one unit, a deluxe two-bedroom. There was no mention during the presentation of other unit types, sizes or styles.
  When we arrived for our vacation, we were given a much smaller, and much more poorly appointed unit, a standard two-bedroom. We immediately complained and were told that was what we owned, and there was nothing that would be done for us.
  Our contract apparently was switched to a different unit which we had no idea existed.
  There are two points that are especially interesting: The sales person who told me that I was stuck told me that switching a contract was “standard operating procedure”. When I met with the property’s GM, he told me that he “hadn’t heard of the issue with the two bedrooms, but had with one-bedroom units”. There was a witness to the meeting with the GM.
  At this point, I’d really like to get out of the contract with these people. They are dishonest, know it, and don’t care.
  Related Posts
  Westgate Resorts Admits Timeshare Advertising Dishonest
  
  Timeshare Scam from Westgate Resorts
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  2 Comments so far:
  1. ICB Butter says:
    June 13, 2011 at 3:46 pm
    Who handling the class Action suite for Plant Hollywood WestGate.
    Please forward me info so I can fight and get my money back, We have been ripped Off and I’m pissed off.
    
    Reply
  2. ICB Butter says:
    June 13, 2011 at 3:43 pm
    I My husband and I have scam, We bought a timeshare from Plant Hollywood, Westgate Resorts. And we have not used it one day. We have been ripped off and they lied too us
    For the past several months We have tried to get rite afterward we are unable to make money on it as they promise we could. They lied to us and I want my money back, I want to join the Class Action Law suits. Please send me info on how to put my name on the list.
    I want the Lawer the Angry French woman is using?
    
    America.. She is NOT USING A LAWYER! It is Western Capital and its CEO, Robert Paisola... join the fun.. robert@robertpaisola.com

David Siegel , Jacqueline Siegel, .The Robert Paisola Foundation 09-22035-lbr 20/20 20/20 robert paisola 2010 in Reflection a and e television abc abc radio network Adrian McKnight al mustafa Al Mustafa v Crane Albert M. 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Robert Paisola Reflects: The Year 2010 in Review

2010-12-22T14:27:00.001-08:00

To our many friends, clients, associates and employees around the Globe, I wanted to take a moment to talk about what we all have experienced in 2010 and how it has effected you and some of the work that we have been involved in.

As I write this commentary to you, my great friends, the first word that comes to mind is the word "Chaos". Our country has never experienced this type of financial shift since the great depression. Every day we receive your emails and horror stories of what you are going through. I want you to know that as the President and CEO of Western Capital, we are fighting the battle for justice on many fronts. There are many cases that we simply can not take on, as we too, are being pulled in all different directions.

The Western Capital VIP Program has experienced much success as we have taken on the titans of Corporate America. We now have facilities in Las Vegas, Nevada so that we may continue to combat the timeshare industries, the illegal homeowner associations, the illegal conduct of automobile repossession companies such as IGS Nevada, and our "Put the RepoMan in jail Campaign, as well as our debtors revolt against Bank of America, as well as the illegal conduct of the administrators of our Criminal Justice System, The Harry Blausey Federal Civil Rights Lawsuit out of Newark Ohio, and the many other battles that we take on.

One thing that I know is that we are creating change on a worldwide basis, and because of our "take no prisoners" attitude, we are winning the battle on all fronts. Our Prison Partners Initiative is working. We are working closely with members of Congress and groups such as the November Coalition and FAMM (Families against Mandatory Minimums) to stop the injustice against the African American Population regarding the Crack Cocaine Disparity in Criminal Sentencing. We are watching in awe, as people like Bruce Poon Tip, the CEO of GAP Adventures, can stick his head in the sand, as they ran a ship into an ice glacier, expecting no consequences. That case is in Federal Court now, and my sister was a victim. We are seeing evidence that our involvement in the timeshare "double deeding issue" is being noticed by the FBI and people like Artie Spector and David Siegel are going to prison. We know that "Slumlords" like M. Aaron Yashouafar of Milbank Properties are finally being outed by our never ending battle to show America the injustice that has been created around the Nation by on man. We will see him in Federal Prison.

There have been some good moments to reflect upon as we think about 2011, and one of the greatest is the dynamic success of The Western Capital Multimedia Division. Our success at www.VegasNightsLive.com has given us much admiration around the world. All we can say is you have not seen anything yet!

I have been blessed beyond measure, and it is the continued support of people like you, who watch what we do very carefully, that we are able to produce the results that we do, day in and day out.

We at Western Capital wish you the best holiday season, and as we always say... Look at our Results.

With Deepest Love and Respect

Robert Paisola
Chief Executive Officer
The Western Capital Family of Companies
www.RobertPaisola.com

The Hawaii Ocean Song , By Robert Paisola

2010-03-28T04:54:00.001-07:00

Hello Friends,This is the first video that we have made that is a song. We used no instruments and we found a guy in a club who had a great voice. We wrote down some thoughts and this is what we came up with. The only thing real is the vocal track, everything is digital. Tell us what you think! Can the music business really be this EASY! Robert Paisola

AIG Pays ANOTHER $100 Million More In Bonuses. Robert Paisola Reports Live

2010-02-17T01:03:00.001-08:00

AIG Pays ANOTHER $100 Million More In Bonuses. Robert Paisola Reports Live

2010-02-17T01:00:00.001-08:00

Stand By Me Playing For Change Song Around the World PAISOLA

2010-01-05T20:51:00.001-08:00

Do you ever TAKE A STAND IN LIFE? Do you ever go "Against the Grain"?? Do you know what you want but seem to have a difficult time getting to the goal? Then watch this Video and always know that This is an amazing story of how people can come together in times of need. No matter where you come from, where you have been... or where you are at... there is always someone to STAND BY YOU Robert Paisola reports live.

The Robert Lambert Case- Justice Denied - Idaho Governor Butch Otter is his word- Update- Robert Paisola Reports

2009-08-06T11:51:00.000-07:00

To our friends around the world,

Thousands of people have been following our coverage of the Robert Lambert Workers Compensation Case in Idaho.

As you know, Mr. Lambert was filmed for 12 hours on a studio set as he explained in detail the problems and constant suffering that he was forced to endure at the hands of his attorneys and the officials in the State of Idaho. In case you did not see the video, here it is again.

Since this video was aired on international television, Mr. Lambert has been interviewed by many news agancies across the nation. His story is nothing more than a repeat of the John Grisham Movie "The Rainmaker" and now the world knows.

As a result of our coverage of this issue, Mr. Lambert just received a call stating that the Idaho Department of Insurance Workers Compensation Divison has NOW GRANTED FORMAL APPROVAL FOR Mr. Lambert to receive the SURGERY that he needed. The surgery is scheduled for next week and we will be on the scene in Idaho, to Document this event.

"I can not believe how fast things changed when you got involved Robert Paisola" said Lambert. "I have received calls from All over the country, and I will now be able to get all of the back benefits that I should have received" he continued, " I can not even begin to tell you how this feels, you are an incredible person, and now I understand why the world knows what you do. "Mr. Paisola, you have changed my life"

We will bring you updates from the Director of the Idaho State Department of Insurance, The Doctors Involved, the Doctors at the Mayo Clinic who have reviewed the data, the comments from the Attorneys, and Comments from the Governor of the State of Idaho, Butch CL Otter, and his administration team for making this happen.

We are now hopeful that once the surgery is complete, that the State of Idaho will issue a special order to pay Mr. Robert Lambert all of his back benefits that he deserves, along with the honorable amount for all of the suffering that he has gone through because of this ordeal.

Mr. Lambert, We are Honored to work in partnership with you, and this decision has historical implications for The State of Idaho, as Idaho Governor Butch Otter is truly a man of his word.

To your Success, Mr. Lambert

Robert Paisola
CEO
The Robert Paisola Foundation

An Open Letter from Scott M. Kareff, Attorney for Schulte Roth and Zabel LLP, Thank You!, Robert Paisola Reports

2009-08-04T00:20:00.000-07:00

To our Worldwide Viewers, Readers and Listeners across the Globe:

As many of you know, we receive hundreds of requests from Attorneys, Individuals, and Families of the Wrongfully Accused around the world.

We take each request very seriously, no matter how small the situation seems at the time. We truly understand the pain and suffering that you are going through because of your personal situation. We do all that we can to make sure that every single piece of mail, email and request for information is responded to by one of our dedicated volunteers and staff members.

We also know that many of you believe that there are DNA specific issues that you wish to have reviewed, because you feel that the technology that is now available might be able to clear your loved one or client.

Because of this question, we feel that it is essential to respond openly to a very nice letter that we received from Scott M. Kareff, an Attorney based in New York City about our foundation. Wow! we are making a difference in the world! Thank You, Thank You, Thank You!

We openly commend Barry Scheck and Peter Neufeld who created the INNOCENCE PROJECT almost 15 years ago, out of a need for detailed analysis of cases of individuals who could and should be cleared because of technology that is now available that was not readily available 15 years ago.

This commitment by Barry Scheck and Peter Neufeld created a tidal wave of support, stemming from a small legal clinic affiliated with the Benjamin N. Cardoza School of Law at Yeshiva University, that was dedicated to exonerating wrongfully convicted individuals THROUGH DNA TESTING and reforming of the criminal justice system to prevent further injustice.

For over 15 years Barry Scheck and Peter Neufeld have been able to raise public awareness of the serious problems in the Criminal Justice System. The continue, through The Innocence Project, to educate the public via classes, seminars, conferences, clinics, and workshops in the field of Criminal Justice.

Their success is amazing and they even decided to create an "Innocence Network" that includes The Alaska Innocence Project, The Arizona Justice Project, The Northern Arizona Justice Project, The Innocence Project Arkansas, the Midwestern Innocence Project, The California and Hawaii Innocence Project, The Northern California Innocence Project at Santa Clara University, The Colorado Innocence Project, The Connecticut Innocence Project, The New England Innocence Project, The Mid Atlantic Innocence Project, The Innocence Project of Florida, The Georgia Innocence Project, The Idaho Innocence Project, The Medill Innocence Project, The Downstate Illinois Innocence Project, The Innocence Project of Iowa, The Wisconsin Innocence Project, The University of Kentucky Innocence Project, The Innocence Project of New Orleans, The Innocence Project of the Northwest, The Thomas M. Cooley Innocence Project, The Michigan Innocence Clinic, The Innocence Project of Minnesota, the Mississippi Innocence Project, the The Innocence Project at UVA School of Law, The Montana Innocence Project, The Nebraska Innocence Project,The Rocky Mountain Innocence Center, The New England Innocence Project, The New Mexico Innocence and Justice Project, The OHIO Innocence Project, The Pennsylvania Innocence Project, The Palmetto Innocence Project, The Texas Innocence Network, The Innocence Project of Texas, and The Wesleyan Innocence Project. (Special thanks to Attorney Scott M. Kareff for this resource listing)

As a result of the work that started with two men and a dream, Barry Scheck and Peter Neufeld created a very well respected Network of Individuals who share in the same goal, to free the innocent. Through their worldwide website at www.innocenceproject.org , Scheck and Neufeld have gained the respect of the world, as they have taken the DNA Evidence Provision to a new standard.

Our question is simple? Where are the other States NOT LISTED ABOVE in their pursuit of Freeing the Innocent Man through usage of technology? Simply said... They are nowhere to be seen!

Attorney Karreff stated that "Having looked into your (The Robert Paisola Foundation) organization, it's mission and its achievements, The Innocence Project is aware and applauds you for your successes that you have had" We thank Barry Scheck and Peter Neufeld, Mr. Kareff and their organization for their notice of the success that we are having around the world! There is no better endorsement than that of Attorney Karreff on behalf of the FOUNDERS of the Innocence Project, and The Innocence Project itself.. his clients!

One thing that Attorney Karreff pointed out in his letter to our office was that even though our successes are and have been noticed on a worldwide basis, there are still people who may believe that we can assist or have the ability and funding to deal with DNA Specific Issues.

This truly makes sense, as the world is aware of the power of DNA Testing, and the decisive changes that it can make to a family of the falsely accused and its global scientific value.

We want to be completely clear to our readers that we do not deal with DNA issues and do not have the ability to assist those seeking exoneration via DNA Extraction and Comparison Methodologies. This is where we simply ask you to visit the Innocence Project Website and "get in line" as you seek the assistance you deserve. If you need assistance not in the scientific realm, but of an investigative nature, we can assist you.

What we do at the Robert Paisola Foundation is much different than what Barry Scheck and Peter Neufeld do with their Network of Affiliate Agencies listed above. We use the media and our investigative techniques and technology to not only prove a mans innocence, but through usage of Investigative Media Techniques and endorsements from world renowned experts across the globe we create public awareness using our vast networks to ensure that EVERYBODY INVOLVED, including the Court, The Judges, The Prosecutors, The Inmates, The Families, Defense Counsel, The Prosecution and most importantly, our readers, viewers and listeners simply know and understand that there is a problem that must be resolved. We do not churn the courts with paperwork, we do not grandstand, we simply point out the issues that have created the illegal conduct that Imprisoned the Condemned , regardless of the "political correctness" of our methods.

The bottom line is if you choose to screw with one of our clients, and you make a mistake, your statements will be heard worldwide. We promise you that.

The Innocence Project that was started by Scheck and Neufeld is applauded by The Robert Paisola Foundation for their work to free the innocent. We are similar, however there are many differences. And you will see in the future, as we forensically examine the Harry Blausey Case based in Licking County (Newark, Ohio) that we are spending a very large sum of money to do what the trial counsel failed to do, and to present that to the people that count, The American Public and Judge Thomas Marcelain of Newark, Ohio, Licking County Ohio via www.HarryBlausey.com.

You should also know that Scheck and Neufeld have a very sophisticated method for accepting cases and that because of the OJ Simpson Trial, they have gained the right to pick and choose who they represent. We understand that they have even created a way to authorize, license and sponsor agencies that support their ideals. And money is generated from the creation and fees generated at their classes, seminars, conferences, clinics, and workshops in the field of Criminal Justice. They have even trademarked their Name INNOCENCE PROJECT ! Impressive!

So, even though we know that the intentions of their organization are somewhat parallel to our missions and goals, we need to again state, we can not assist with issues involving the "Innocence Network" including Murder Issues and Sexual Assault Issues, as we leave that to the worlds best.. Scheck and Neufeld.

Therefore, we want to make a public statement that if you need assistance in the areas covered by The Innocence Network, contact one of their affiliates listed above or below. If you are in a state that does not have an official innocence project, including Utah, we ask one simple question... WHY?

Scheck and Neufeld, publically state that in addition to working on behalf of those who may have been wrongfully convicted of crimes throughout the United States, The Innocence Project performs research and advocacy related to the causes of wrongful convictions. The Innocence Project is a member of the Innocence Network, which brings together a number of innocence organizations from across the United States.

As of July 23, 2009, 240 defendants previously convicted of serious crimes in the United States had been exonerated by DNA testing. Almost all of these convictions involved some form of sexual assault and approximately 25% involved murder. (See Wikipedia)

As of July 23, 2009, 240 defendants previously convicted of serious crimes (Murder Issues and Sexual Assault Issues) in the United States had been exonerated by DNA testing. Almost all of these convictions involved some form of sexual assault and approximately 25% involved murder.(See Wikipedia)

The Robert Paisola Foundation pays high regard to these men who have dedicated their lives to the pursuit of justice and commends their organization for their dedicated focus on Sexual Assault and Murder. This is now essential to our society.

We thank Barry Scheck and Peter Neufeld, Attorney Scott M. Kareff and the entire Innocence Project Team for their acknowledgment of our accomplishments. This means more than you know.

We are in the process of garnering support throughout the country so that The Robert Paisola Foundation, just like The Thomas M. Cooley Innocence Project that are now part of the Innocence Network, will be added to the list of agencies, foundations and individuals who are focused on the goal of freeing the innocent, using a web of agencies in the United States, Canada, the United Kingdom, Australia and New Zealand to create a non-competitive environment for all who endure to free the enslaved.

In this battle for justice, there are no competitors, just alliances. And the alliances run deep.

We ask Attorney Kareff in this open forum to now allow the hundreds of organizations who work on a daily basis to work side by side with your official clients of the Innocence Project, as they progress toward their mutual goals of reuniting those in The Criminal Justice System with their loved ones. Can you imagine what the world would be like if you were able to continue your trend of freeing 240 innocent people WITH the assistance of hundreds of organizations that share the same ideals as your clients Scheck and Neufeld? We believe that based on statistical data almost 20 percent of the imprisoned population is truly innocent... guess how many are of African American Descent? You know the numbers.

In the meantime, we honor our different approaches to freeing the accused, and pay tribute to the scientific methods of dealing crimes such as Sexual Assault and Murder, but ask you to now open the doors of freedom to men like Harry Blausey, Rick Koerber, Steve Cloward,Robert Lambert and Many others, who represent a new generation of perceived "White Collar Defendants" who are unjustly incarcerated for many years because of illegal and unethical issues with Counsel, Side Deals with the Prosecution, "Counsel who SOLD OUT for other Clients", The Media, The Public Paid Investigators, The Paid vs Non Paid Lawyers and The American Public, who were all convicted in the media... many months if not years before their "day in court"

Thank you Attorney Scott M. Kareff and your firm for your support. We are here 24/7 if you need us!

To your continued success,

Robert Paisola
President
The Robert Paisola Foundation , The Prison Partners Network and BOPWatchdog.com
www.RobertPaisola.com
vindication@robertpaisola.org
The Robert Paisola Foundation (Does not deal with DNA Innocence Project Issues)
63 East 11400 South
Suite 407
Sandy, Utah 84070

Note:
If you are charged with a sexual assault or a murder, please visit the website of Barry Scheck and Peter Neufeld. If you are someone that they can not assist, please feel free to email us your story. Please be detailed and specific, so that we may adequately review your case. If you have any questions regarding this differentiation between The Robert Paisola Foundation and the classes, seminars, conferences, clinics, and workshops presented by Attorney Scott M. Kareff's clients, please contact us at vindication@robertpaisola.org

This is a list of sites that may also be able to assist you:

Alaska Innocence Project
P.O. Box 201656
Anchorage, AK 99520-1656

Arizona Justice Project
Sandra Day O'Connor College of Law
PO BOX 877906
Tempe, AZ 99520-1656

Northern Arizona Justice Project
Robert Schehr, Chair
Department of Criminal Justice
Northern Arizona University
P.O. Box 15005
Flagstaff, AZ 86011-5005

Innocence Project Arkansas
School of Law Legal Clinic
Robert A. Leflar Law Center
1 University of Arkansas
Fayetteville, AR 72701
479-575-3056

Midwestern Innocence Project
6320 Brookside Plaza #1500
Kansas City, MO 64113

California and Hawaii Innocence Project
California Western School of Law
225 Cedar Street
San Diego, CA 92101

Northern California Innocence Project at Santa Clara University
500 El Camino Real
Santa Clara, CA 95053-0422

University of California - Irvine
(not a project, but a resource)
William Thompson
Department of Criminology, Law & Society
University of California
Irvine, CA 92697-7080

Colorado Innocence Project
370 17th Street
Suite 4500
Denver, CO 80202
303-863-1000

Connecticut Innocence Project
c/o McCarter & English
Cityplace I
185 Asylum Street, 36th Floor
Hartford, CT 06103

New England Innocence Project
Goodwin Procter LLP
Exchange Place
53 State Street
Boston, MA 02109

Office of the Public Defender
Carvel State Building
820 French Street, 3rd Floor
Wilimington, DE 19801

Mid-Atlantic Innocence Project
4801 Massachusetts Avenue, NW
Washington, DC 20016

Innocence Project of Florida
1100 E. Park Ave.
Tallahassee, FL 32301

Georgia Innocence Project
752 1/2 North Highland Avenue
Atlanta, GA 30306

Idaho Innocence Project
Mail Stop 1515
Boise State University
1910 University Drive
Boise, ID 83725-1515

Center on Wrongful Convictions **
Northwestern University School of Law
357 East Chicago Avenue
Chicago, IL 60611

Medill Innocence Project
Northwestern University
1845 N. Sheridan Ave.
Evanston, IL 60208

Downstate Illinois Innocence Project
Institute for Legal and Policy Studies at the University of Illinois at Springfield
One University Plaza
MS Public Affairs Center 451
Springfield, IL 62703-5407

Indiana University School of Law - Indianapolis
Clinic, Wrongful Convictions Component
735 West New York Street
Indianapolis, IN 46202

Innocence Project of Iowa
P.O. Box 93
Estherville, Iowa 51335

Midwestern Innocence Project
6320 Brookside Plaza #1500
Kansas City, MO 64113

Midwestern Innocence Project
6320 Brookside Plaza #1500
Kansas City, MO 64113

University of Kentucky Innocence Project
630 College of Law
Rm. 225
Lexington, KY 40506-0048

Kentucky Innocence Project
100 Fair Oaks Lane
Ste. 301
Frankfort, KY 40601

Innocence Project New Orleans
3301 Chartres Street
New Orleans, LA 70117
Phone: (504) 943-1902
Fax:(504) 943-1905

New England Innocence Project
Goodwin Procter LLP
Exchange Place
53 State Street
Boston, MA 02109

Mid-Atlantic Innocence Project
4801 Massachusetts Avenue, NW
Washington, DC 20016

Maryland Office of the Public Defender Innocence Project
Office of the Public Defender for the State of Maryland
201 East Baltimore Street
Suite 1600
Baltimore, MD 21202

New England Innocence Project
Goodwin Procter LLP
Exchange Place
53 State Street
Boston, MA 02109

Thomas M. Cooley Innocence Project
300 S. Capitol Ave. P.O. Box 13038
Lansing, MI 48901

Michigan Innocence Clinic
1029 Legal Research Building
625 State Street
Ann Arbor, MI 4810

Innocence Project of Minnesota
Hamline University School of Law
1536 Hewitt Avenue
St. Paul, MN 55104

Mississippi Innocence Project
University of Mississippi School of Law
P.O. Box 1848
University, MS 38677

Innocence Project New Orleans (operates in Louisiana and Mississippi)
3301 Chartres Street
New Orleans, LA 70117
Phone: (504) 943-1902
Fax:(504) 943-1905

Midwestern Innocence Project
6320 Brookside Plaza #1500
Kansas City, MO 64113

Montana Innocence Project
P.O. Box 8484
Missoula, MT 59802

Nebraska Innocence Project
P.O. Box 24183
Omaha, NE 68124-0183

Midwestern Innocence Project
6320 Brookside Plaza #1500
Kansas City, MO 64113

Rocky Mountain Innocence Center
University of Utah - S.J. Quinney College of Law
358 South 700 East
Salt Lake City, UT 84102

New England Innocence Project
Goodwin Procter LLP
Exchange Place
53 State Street
Boston, MA 02109

Centurion Ministries **
221 Witherspoon Street
Princeton, NJ 08542

New Mexico Innocence and Justice Project
University of New Mexico School of Law
1117 Stanford NE
Albuquerque, NM 87131

Innocence Project at Benjamin N. Cardozo Law School - Yeshiva University **
100 Fifth Avenue, 3rd Floor
New York, NY 10011

Second Look Program
Brooklyn Law School
250 Joralemon Street
Brooklyn, NY 11201

Pace Post-Conviction Project
Barbara C. Salken Criminal Justice Clinic
78 North Broadway, Room G210
White Plains, NY 10603

Reinvestigation Project
Office of the Appellate Defender
11 Park Place, Suite 1601
New York, NY 10007

North Carolina Center on Actual Innocence
Duke/University of North Carolina Law Schools
PO Box 52446
Shannon Plaza Station
Durham, NC 27717

Ohio Innocence Project
University of Cincinnati College of Law
P.O. Box 210040
Cincinnatti, OH 45221-0020

Oklahoma Indigent Defense System - DNA Forensic Testing Program
P.O. Box 926
Norman, OK 73070

Midwestern Innocence Project
6320 Brookside Plaza #1500
Kansas City, MO 64113

Duquesne Law Post-Conviction DNA Project
600 Forbes Avenue, 632 Fisher Hall
Pittsburgh, PA 15282

The Innocence Institute of Western Pennsylvania
c/o Point Park College Department of Journalism and Mass Communications
201 Wood Street
Pittsburgh, PA 15222-1984

Pennsylvania Innocence Project
Temple University Beasley School of Law
1719 North Broad Street
Philadelphia, PA 19122

New England Innocence Project
Goodwin Procter LLP
Exchange Place
53 State Street
Boston, MA 02109

Palmetto Innocence Project
P.O. Box 11623
Columbia, SC 29211

Texas Innocence Network
100 Law Center
Houston, TX 77204-6060

Texas Center for Actual Innocence
University of Texas School of Law
727 East Dean Keeton Street
Austin, TX 78705

Innocence Project of Texas
1511 Texas Avenue
Lubbock, TX 79401

Wesleyan Innocence Project
Texas Wesleyan Univesity School of Law
1515 Commerce St.
Fort Worth, TX 76102

Rocky Mountain Innocence Center -
Not A Robert Paisola Foundation Partner
358 South 700 East, B235
Salt Lake City, UT 84103

New England Innocence Project
Goodwin Procter LLP
Exchange Place
53 State Street
Boston, MA 02109

Mid-Atlantic Innocence Project
4801 Massachusetts Avenue, NW
Washington, DC 20016

Innocence Project at UVA School of Law
580 Massie Road
Charlottesville, VA 22901

Innocence Project Northwest
University of Washington
William H. Gates Hall, Suite 265
P.O. Box 85110
Seattle, WA 98145-1110

Wisconsin Innocence Project **
University of Wisconsin Law School
Remington Center
Madison, WI 53706

Rocky Mountain Innocence Center
358 South 700 East, B235
Salt Lake City, UT 84103

Association in Defense of the Wrongly Convicted (AIDWYC)
85 King Street East
Suite 318
Toronto, Ontario M5C 1G3

University of British Columbia Law Innocence Project
1822 East Mall
Vancouver, B.C. V6T 1Z1

Osgoode Hall Innocence Project
Osgoode Hall Law School at York University
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

University of Leeds Innocence Project
20 Lyddon Terrace
Leeds, LS2 9JT United Kingdom

Innocence Network UK
c/o University of Bristol
Department of Law
Willis Memorial Building
Queen's Road
Bristol BS8 1 RJ
United Kingdom

Griffith University Innocence Project
Parklands Drive
Southport, 4215
QLD 30306
Australia

The Sellenger Center
Edith Cowan University
270 Jonndalup Drive
Joondalup, WA 6027
Australia

University of Melbourne Innocence Project
Vanessa Stafford, Director
University of Melbourne Law School
185 Pelham Street
Carlton Melbourne
Victoria 3040
Australia

Innocence Project New Zealand
School of Psychology
Victoria University of Wellington
P.O. Box 600
Wellington, New Zealand

"Music is the language of the Universe" Even for Prisoners

2009-06-29T18:54:00.001-07:00

What more can we say... Congratulations for Treating your Inmates with dignity, respect and providing them a way to GIVE BACK

Thank You
Robert Paisola
CEO
The Prison Partners Foundation USA

ABC News Confirms Tahiti Village Closed Down. Robert Paisola Reports Live

2009-06-23T22:44:00.001-07:00

After nearly 2 years of following Tahiti Village and Consolidated Resorts for WesternCapitalVIP.com , Tahiti Village is being shut down. Who will be indicted? How was Goldman Sachs Involved? Who is Arthur Spector? Who is Todd Spector? Will the FBI Close the company? Will a Bankruptcy be filed for Consolidated Resorts and Tahiti Village? Does the FBI have enough data to indict Attorney Randy Richards and pals? Watch www.TimeShareChronicles.com for Live Updates. Congratulations America YOU DID IT!

A River of Waste: The Hazardous Truth About Factory Farms

2009-05-25T00:41:00.001-07:00

The Nationwide Credit Abuse Videos, NationwideCreditExposed.com , By Robert Paisola

2009-02-01T12:46:00.000-08:00

www.NationwideCreditExposed.com

WARNING: Viewer Discretion is Advised due to Graphic Content

If you are a victim of this Nationwide Credit, then you will want to keep following this series, because there is a lot more information that will be presented that will blow you away. This is what OCWEN FINANANCIAL and The Nationwide Credit CEO, Pat Carroll have created. This video is (c) 2009 Western Capital Multimedia Inc. and Robert Paisola, All Rights Reserved. Video provided to The Current.com Television Syndication Network for worldwide Distribution.

If you are a victim of this company, sent us your story at vip@mycollector.com and visit www.MyCollector.com , www.WesternCapitalVIP.com

If you are a member of the Media, please contact us at media.relations@mycollector.com

If you are seeking rights and clearances bot re-broadcast, contact us at 877-517-9555

Budget woes prompt states to rethink prison policy, posted by Robert Paisola

2009-01-14T00:56:00.000-08:00

By DAVID CRARY

AP National Writer

NEW YORK » Their budgets in crisis, governors, legislators and prison officials across the nation are making or considering policy changes that will likely remove tens of thousands of offenders from prisons and parole supervision.

Collectively, the pending and proposed initiatives could add up to one of biggest shifts ever in corrections policy, putting into place cost-saving reforms that have struggled to win political support in the tough-on-crime climate of recent decades.

"Prior to this fiscal crisis, legislators could tinker around the edges -- but we're now well past the tinkering stage," said Marc Mauer, executive director of the Sentencing Project, which advocates alternatives to incarceration.

"Many political leaders who weren't comfortable enough, politically, to do it before can now -- under the guise of fiscal responsibility -- implement programs and policies that would be win/win situations, saving money and improving corrections," Mauer said

In California, faced with a projected $42 billion deficit and prison overcrowding that has triggered a federal lawsuit, Gov. Arnold Schwarzenegger wants to eliminate parole for all offenders not convicted of violent or sex-related crimes, reducing the parole population by about 70,000. He also wants to divert more petty criminals to county jails and grant early release to more inmates -- steps that could trim the prison population by 15,000 over the next 18 months.

In Kentucky, where the inmate population had been soaring, even some murderers and other violent offenders are benefiting from a temporary cost-saving program that has granted early release to nearly 2,000 inmates.

Virginia Gov. Tim Kaine is proposing early release of about 1,000 inmates. New York Gov. David Paterson wants early release for 1,600 inmates as well as an overhaul of the so-called Rockefeller Drug Laws that impose lengthy mandatory sentences on many nonviolent drug offenders.

"These laws have neither curbed drug use nor enhanced public safety," said Donna Lieberman of the New York Civil Liberties Union. "Instead, they have ruined thousands of lives and annually wasted millions of tax dollars in prison costs."

Policy-makers in Michigan, one of four states that spend more money on prisons than higher education, are awaiting a report later this month from the Council of State Governments' Justice Center on ways to trim fast-rising corrections costs, likely including sentencing and parole modifications.

"There's a new openness to taking a look," said state Sen. Alan Cropsey, a Republican who in the past has questioned some prison-reform proposals. "What we'll see are changes being made that will have a positive impact four, five, six years down the road."

Even before the recent financial meltdown, policy-makers in most states were wrestling with ways to contain corrections costs. The Pew Center's Public Safety Performance Project has projected that state and federal prison populations -- under current policies -- will grow by more than 190,000 by 2011, to about 1.7 million, at a cost to the states of $27.5 billion.

"Prisons are becoming less and less of a sacred cow," said Adam Gelb, the Pew project's director. "The budget crisis is giving leaders on both sides of the aisle political cover they need to tackle issues that would be too tough to tackle when budgets are flush."

In contrast to past economic downturns, Gelb said, states now have better data on how to effectively supervise nonviolent offenders in their communities so prison populations can be reduced without increasing the threat to public safety.

Safety remains a potent factor. In California, for example, the state correctional officers' union contends Schwarzenegger's proposals will fuel more crime.

In Idaho, a combination of budget cuts and prison overcrowding contributed to an uprising Jan. 2 in a former prison workshop that was converted into a temporary cell block. Inmates who engaged in vandalism and arson had been placed there as part of a cost-cutting effort to move other prisoners back to Idaho from more expensive quarters at a private prison in Oklahoma.

Thomas Sneddon, a former Santa Barbara, Calif., prosecutor who is now executive director of the National District Attorneys Association, said he and his colleagues support reappraisals of corrections policies yet worry constantly that dangerous criminals will be released unwisely.

"I don't think the public at large has any idea of who's in these prisons," Sneddon said. "If they went and visited, they'd say 'My God, don't let any of these people out.'"

He noted that many states are seeking to send fewer offenders back to prison for technical violations of parole conditions. Some of these violations are indeed relatively minor, Sneddon said, but often they are accompanied by more serious criminal behavior that warrants a return to prison.

As budgetary pressures worsen, some advocacy groups are concerned that spending cuts will target the very programs needed to help inmates avoid re-offending after release -- education, vocational and drug-treatment programs.

"The idea that we'd cut programs and then release inmates early is a toxic combination," said Pat Nolan, vice president of Prison Fellowship. "Just opening prison doors and letting people out with no preparation -- that's cruel to the offender and dangerous to public."

However, Nolan, a former California legislator who served time in a federal prison on a racketeering charge, sees the current climate as ripe for the kind of reforms Prison Fellowship has advocated with its Christian-based outreach programs.

"It's forcing the legislators to see the actual costs of imprisonment, because it's coming out of the budget for schools, roads, hospitals," he said.

The Council of State Government's Justice Center has been working with 10 states to develop options for curbing prison populations without jeopardizing public safety. Tactics used in Texas and Kansas have included early release for inmates who complete specified programs, more sophisticated community supervision of offenders, and expanded treatment and diversion programs.

"There's an unprecedented level of interest in this kind of thinking," said the Justice Center's director, Michael Thompson. "It's a combination of fiscal pressure and a certain fatigue of doing the same thing as 20 years ago and getting the same return."

In Florida, where prisons are so crowded that the state has acquired tents for possible use to house inmates, officials say 19 new prisons may be needed over the next five years. As an alternative, Corrections Secretary Walter McNeil told lawmakers they should re-evaluate the state's hard-line sentencing policies and look at ways to help released inmates avoid returning to prison.

One important variable is the role of private prisons, which some advocacy groups consider less accountable that state-run prisons. Elizabeth Alexander of the American Civil Liberties Union's National Prison Project expressed concern that fiscally struggling states would rely increasingly on private operators.

The largest private prison firm, Nashville, Tenn.-based Corrections Corporation of America, operates in 20 states and says some of them have asked if CCA can expand its capacity so more beds don't need to be added to the state-run system.

"Of the states we do business with, none have made prison construction a priority in this economic environment," said Tony Grande, CCA's executive vice president. "Our partnership with the states will become even stronger. ...We want to be a part of their financial solution."

Welcome to Western Capital - How May We Assist You?

2008-11-18T21:17:00.000-08:00

Robert Paisola: The Western Capital VIP Program

Blinkx Video: Robbins on motivation in a slump

2008-10-06T18:19:00.001-07:00

Blinkx Video: Robbins on motivation in a slump

Posted using ShareThis

EXCLUSIVE-Drug and Alcohol Treatment Facility Odyssey House Under Investigation for Sexual Misconduct

2008-09-30T23:08:00.000-07:00

VERIFICATION OF PAYMENT TO VICTIM BT ODYSSEY HOUSE FOR SEXUAL ABUSE

EXCLUSIVE- DRUG TREATMENT PROGRAM ODYSSEY HOUSE “Provide Sex or You Go Back to Jail", By Robert Paisola for CNNIREPORT

May 7, 2008
For Immediate Release
Los Angeles, California
BY ROBERT PAISOLA- CNNIREPORT

The Odyssey House Adult Treatment Program of Salt Lake City UTAH
is a Utah Based private, non-profit program that provides treatment of drug and alcohol addiction, emotional problems, and anti-social behavior. Odyssey House was opened in 1971 and is a major diversonary source for Utah Courts to sentence offenders who present themselves with Drug Abuse and Mental Health issues.

All of that is now in question as investigators are looking into an alleged "Sex of Completion" deals that have been made to female attendees at this program.

The Odyssey house Program is almost entirely based upon court ordered treatment. Individuals are permitted to go through the odyssey house program as an alternative to being incarcerated.

This reporter has interviewed several females who were forced to attend the Odyssey House Program and were told very explicitly that in order to complete the program that they would have to complete sexual acts with senior members of the Odyssey House Staff including the Director of Adolescent Services, Albert Nieto.

Albert Nieto is listed on the Odyssey House Website as a senior manager of the program and multiple recorded voice messages and text messages that have been seen by this reporter clearly indicate the "Sex for Completion Certificate" protocol was not simply aberrant conduct.

A victim we spoke to who wished to remain anonymous because of her pending legal against Odyssey House and their Insurance Companies, stated that she was a victim of rape at a young age, and has underwent many types of therapy.

However when approached by Nieto, she was told that if she did not comply with his sexual demands, that she would be pulled from the program and placed in jail. “It’s Your Choice” she said

We learned tonight that inmates at the Odyssey House Program whom are still active are being pulled from group and individual therapy and are being interrogated by staff members on this issue.

We made multiple attempts to contact the executives of Odyssey House including Glen Lambert, Mr. Eric Schmidt, the Director, Adam Cohen, the Director of Administration and Brad Garvin, the Director of Outpatient Services.

Robert Paisola or CNNIReport did not receive a call back from any of the parties.

Odyssey House receives funding from: Salt Lake County Division of Substance Abuse Services, Utah County Division of Substance Abuse, Utah Division of Juvenile Justice Services, Utah Division of Child and Family Services and United Way. Odyssey House is a 501 (c)(3) non-profit organization.

We are following this story very closely and will keep you advised (including the text messages and voice mails) on this site.

If you are a victim of Odyssey House in Utah and have been treated in a similar way, please contact Robert Paisola at 801-671-7843

Odyssey House is located at:

Odyssey House Inc
607 East 200 South
Salt Lake City UT,
(801) 363-0203

___
This article is the sole property of Robert Paisola and may not be reproduced with the expressed written consent of The Western Capital Foundation, CNN I Report or its Assigns.

Robert Paisola is a freelance reporter based in Los Angeles, California and covers criminal and legal matters in the country. All media requests should be made to media.relations@robertpaisola.com or 801-619-4700

EXCLUSIVE- DRUG TREATMENT PROGRAM ODYSSEY HOUSE "Provide Sex or You Go Back to Jail", By Robert Paisola for CNNIREPORT

2008-09-30T17:30:00.000-07:00

VERIFICATION OF PAYMENT TO VICTIM

May 08, 2008 Update- SEX ABUSER OF COURT ORDERED CLIENTS TERMINATED FROM ODYSSEY HOUSE IN SALT LAKE CITY

As of 9:33 PM MST, Our sources have confirmed that one of the sexual perpetrators , Albert Nieto, of Salt Lake City, Utah has been forced to resign his position as Director of Adolescent Treatment at Odyssey House in Salt Lake City, Utah. Our sources also report that Albert Nieto's license to practice as a clinologist in the State of Utah will also be suspended and terminated.

This is only the beginning of what will be a very costly lesson for the Odyssey House Organization.

We will soon bring you the story of a resident client who simply stated that because of all of the media coverage, that he/she was not comfortable in the ODYSSEY HOUSE ENVIRONMENT and was IMMEDIATELY PROVIDED WITH A CERTIFICATE OF COMPLETION FOR THE COURT.

WE STILL HAVE NOT RECEIVED A FORMAL STATEMENT FROM GLEN LAMBERT, so stay tuned to http://www.odysseyhouseabuse.com for further updates.

Albert Nietos Cell Phone Number is 801-637-7161

Class Action Lawsuit Filed by Southern California Consumer Protection Attorneys Brennan, Wiener & Associates Against Debt Collector Mel Harris

2008-09-24T08:19:00.000-07:00

Class Action Lawsuit Filed by Southern California Consumer Protection Attorneys Brennan, Wiener & Associates Against Debt Collector Mel Harris , Posted by Robert Paisola

On behalf of its client, David Youssefyeh, Southern California's Premiere Consumer Protection law firm, Brennan, Wiener & Associates, has filed a class action lawsuit against the large New York debt collector MEL HARRIS & ASSOCIATES, alleging fraud in service of debt collection complaints upon California consumers (Youssefyeh v. Harris, Los Angeles Superior Court Case No. BC 398 315).

La Crescenta, CA (PRWEB) September 24, 2008 -- On behalf of its client, David Youssefyeh, Southern California's Premiere Consumer Protection law firm, Brennan, Wiener & Associates, has filed a class action lawsuit against the large New York debt collector MEL HARRIS & ASSOCIATES, alleging fraud in service of debt collection complaints upon California consumers (Youssefyeh v. Harris, Los Angeles Superior Court Case No. BC 398 315).

David Youssefyeh, a Los Angeles attorney, was understandably shocked and upset when his bank, Washington Mutual, levied his accounts in January 2008. As someone who minded his debts and had no outstanding judgments against him, he was mystified as to where this came from or how it happened. So, he began to pull the string back and found a lot more than he expected to find.

Mr. Youssefyeh learned that the judgment came from the State of New York. This was strange to him: other than perhaps a few short visits over the years, Mr. Youssefyeh had no business there, no property there, no family there--in other words, beyond stopping over there a few times, he had nothing whatsoever to do with the State of New York. And he certainly had never been served with a lawsuit there.

Being an attorney, Mr. Youssefyeh knew that creditors and debt collectors could enforce "sister state" judgments against a person in their home state. In other words, if a creditor or a debt collector had a valid judgment against a person in a court in, say, Virginia, that judgment could be enforced against the debtor in the state where he or she lives.

However, Mr. Youssefyeh also knew that the judgment had to be a valid judgment--served upon a defendant with valid service of the complaint and not with false or fraudulent service designed to hide, not reveal, the lawsuit to the consumer.

Mr. Youssefyeh dug further into the mystery and discovered that the plaintiff who had taken out the judgment against him was MEL HARRIS & ASSOC., a very large debt collection company operating in the New York metropolitan area.

A bit of research by Mr. Youssefyeh confirmed for him what he has stated in his class action complaint: that MEL HARRIS & ASSOCIATES allegedly has a business practice of somehow "serving" debt collection complaints on consumers who live outside of New York, within New York.

This practice is as old as litigation itself, and is known widely in legal circles as "sewer service," after the practice by some process servers of throwing the summons and complaint into the sewer outside of the defendant's home and then claiming to have served them with the complaint. The effect, of course, is to deprive the consumer of any notice of the lawsuit. The first notice many consumers have of such lawsuits is a levy on their outside-of-New York bank accounts, as happened with Mr. Youssefyeh.

As many debt collection lawsuits involve small sums of money, most consumers have neither the time nor the resources to hire a New York attorney to fight or otherwise straighten out bogus lawsuits or false attempts to serve debt collection complaints. Mr. Youssefyeh knew, however, that a class action in California against MEL HARRIS & ASSOCIATES could, if successful, put a stop this alleged practice, at least for California consumers. Each California consumer would have remedies through the class action which he or she would not have on an individual basis because of cost.

"I'm pursuing this lawsuit to teach MEL HARRIS & ASSOCIATES a lesson: consumers deserve proper service of complaints and due process just like large corporations do. Just because my name isn't Microsoft is no reason that I don't deserve protections under the laws of the United States and California. In my opinion, MEL HARRIS & ASSOCIATES seems to think that consumer debtors are second-class citizens who can be tricked in fooled, and I intend with this lawsuit to teach MEL HARRIS & ASSOCIATES that this is definitely not the case in California."

Mr. Youssefyeh has hired the La Crescenta, California firm of Brennan, Wiener & Associates ("BWA") to prosecute the class action in a California court.

"My clients are understandably outraged," commented Robert F. Brennan, lead counsel for the plaintiff class. So far, Brennan has collected much anecdotal evidence with which he intends to prove in court that what MEL HARRIS & ASSOCIATES allegedly did to Mr. Youssefyeh has been done to many California consumers, as well as consumers from other states.

The class members have filed a class action in the Los Angeles Superior Court, Afshin David Youssefyeh and Liza Youssefyeh v. Mel Harris & Associates, et al., Case No. BC 398 315.

Brennan offers some tips on handling "sewer service" situations when they arise. "If the amount of money is sufficient, then obviously hire a lawyer and fight it, or if it's local for you, appear in court and fight it yourself. Bring proof: if the process server claims he served you at 3 p.m. at your home on a certain day and you can prove you were at work at that time, bring this proof so you can show it to the judge. Consider setting up a website or a blog so that you can group with some other victims and perhaps be able to maintain a class action lawsuit against the debt collector. Also, advise your bank that you will sue them if they levy upon your accounts based on a fraudulent judgment. Mrl Youssefyeh did, and Washington Mutual removed the levy."

Brennan's websites, www.socaldebtcollectionabuse.com and www.socalcreditdamage.com, each give consumers the tools for handing abusive debt collection false credit reporting situations.

About Robert F. Brennan: Robert F. Brennan, Esq. and his firm, Brennan, Wiener & Associates, 3150 Montrose Ave., La Crescenta, Ca., handle wrongful and abusive debt collection, identity theft and wrongful credit report damage cases for residents of Los Angeles, Riverside, San Bernardino, Orange and Ventura Counties. Contact Information: Robert F. Brennan, Brennan, Wiener & Associates, 3150 Montrose Ave., La Crescenta, Ca. 91214, (818) 249-5291. Mr. Brennan and his firm are the leading consumer protection, wrongful debt collection and wrongful credit damage attorneys in Southern California. Mr. Brennan has been selected as a "Southern California Super Lawyer" for three years running, for 2006, 2007 and 2008.

# # #

Brennan, Wiener & Associates
ROBERT BRENNAN
(818) 249-5291

What is a collection company? Posted by Robert Paisola

2008-09-17T08:06:00.000-07:00

What is a collection company?

The two most likely scenarios are.

Some creditors will attempt to fool a debtor by using a separate company name, address, and phone number for their internal collection departments, in order to give the impression of an “outside” agency. This strategy is should only be used when the debt is recent (under six months past due.)

However, most debt collection activity is performed by a third-party collection company, These are separate from the original creditors, and “work” bad debt on behalf of various lenders and 1st party credit granters. They occasionally purchase bad debts which have been designated as charge-offs or write-off’s by the original creditor.

This article will spotlight 3rd party collection companies

How does a collection company get paid?

3rd party debt collection companies often work on 100% commission, where they only get paid when they recover funds. Collectors are usually paid a small hourly wage plus commissions and/or bonus based on results.

Many collection companies purchase substantial debt portfolios of charged-off accounts for a fraction of the total face amount (total amount outstanding) After a portfolio is sold off, the debtors now owe the entire amount to the purchasing company. The probability of collecting money decreases substantially over time, an agency might only pay 1% - 5% of face value. The agencies’ profits come from the difference between the purchase price and the amounts that are hopefully collected.

How does the collection company work?

The primary tools of a collection company are letters and telephone calls.

What are the dunning notices like?

The dunning letters are usually computer-generated. They are often in a standardized series which starts with a simple, “reminder” tone, and may buildup to a final demand. The letters are pre-written and sent to many debtors; they are not personal.

The first letter must state that the recipient has the right to dispute the validity of the debt (in writing), and the agency must send some confirmation after verifying it with the original creditor. Collection letters must also contain the statement that they come from a debt collector, and that any information gathered will be used for the purpose of collecting the debt. Collectors are legally prohibited from printing anything on the outside of the envelope which indicates or suggests the nature of the communication. Even the return address must be discreet, so many agencies will just use their company’s initials, or some other nondescript name.

The debtor’s reaction to the letters will affect which letters the agency will select from its repertoire. Cooperation (e.g. making payment arrangements and/or partial payments) may result in letters with a gentler tone. Evasive or hostile reactions from the debtor may result in a more threatening tone.

Collectors attempt to create a sense of urgency, to try and collect the debt within the shortest amount of time. This hopefully will encourage the debtor to prioritize that particular obligation. Deadlines may be set, such as, Pay this amount within 10 days. There may also be threats, such as, …Or we will proceed with further collection attempts. But most of the time, if a debtor fails to meet the deadline, all that will happen is that yet another dunning letter will arrive, making the same basic demand. The & further collection action usually just means more dunning letters.

Collection letters will always coax the debtor to call the collection company directly via the telephone. If the debtor doesn’t call within thirty days, then a collector will usually attempt to contact the debtor again.

What are the phone calls like?

Individual telephone collectors may be assigned a group of accounts, and spend their entire workday, every day, calling them. Their enthusiasm is fueled by frequent performance evaluations and personal commission payments. The size of a collector’s own paycheck is dependent upon how much money s/he extracts from debtors. Between that factor, and the relentless confrontations, this is a very high-stress job, with high employee turnover.

If a debt collector calls and reaches someone other than the debtor (e.g. a friend), s/he is legally prohibited from disclosing That this is an attempt to collect a debt. Every state is different but this may or may not include the debtor’s spouse. If the collector reaches an answering machine or voice mail, s/he will often leave a FDCPA approved message, but is prohibited from giving details for the call, since someone besides the debtor might hear it. The basic message goes something like, “I am calling for Jane Doe. It is very important that you call me back. My name is JR Rooney, and my number is 1-631-776-8109.” S/he will typically sound rather unemotional and stiff. Collection companies may be required to provide a phone number which is free for the debtor to call. They also may attach their toll free numbers to caller ID equipment which instantly identifies and logs the phone number the debtor is calling from, in order to call the debtor at that number at a later date.

When contacting a debtor, many collectors (especially those with very little experience) will use an approved script, which contains a pre-written introduction, demands for payment, and has various branches to follow. Based on how the debtor responds, rebuttals are also provided. If a particular debtor is wasting too much time, without agreeing to pay, the collector will be urged to move on to other accounts.

Any information obtained will be used for collection purposes. If the debtor gives information about his/her financial situation (e.g. income or current employment, etc.) it will be recorded on the debtors permanent record and used to estimate the probability of a successful collection and/or the advantage of legal action, and so forth.

Can the collection company actually do anything?

If they are working the debt on commission, they can send some more form letters and make some more scripted phone calls.

They can also mark the item as negative with the credit bureaus. If they are working on contingency, they can recommend filing suit, or if they own the account, they can file suit. However, the actual chances or intentions of this are often significantly less than they try to suggest to the debtor.

Collection companies can not legally seize a debtor’s assets, bank accounts, or paycheck unless there has already been a successful lawsuit with a judgment awarded to them.

Collection companies can not legally make any kind of public announcements or disclosures concerning the debt, except to the credit bureaus.

Collection companies can not legally get a debtor fired from his/her job.

Collection companies can not legally engage in any type of physical violence or threats to collect.

Why does the debtor pay?

Many times the reasons include fear, guilt, intimidation, and a lack of understanding of the legal remedies available. Plus it is the right thing to do.

The debtor may feel guilty and ashamed of being a “deadbeat,” and may perceive a judgment of his/her value as a person.

The debtor may have greatly exaggerated ideas about what collectors are (legally) capable of doing, and may have outdated stereotypes in mind.

The debtor may be overwhelmed by the aggressive and relentless demands, from companies that may seem so powerful. S/he may take it personally, and assume that great individual attention is being given to this particular collection file.

Consumers being contacted by collection companies are typically in serious financial difficulty, and under emotional stress about the general situation, so they may be confused and vulnerable.

Many debtors aren’t aware of their legal rights, and feel powerless.

There are two basic things that a collection company can actually do that a debtor should be concerned about. These involve negative info being reported to the credit bureaus, and the unlikely possibility of a lawsuit.

What about credit reports?

Third-party collection companies may report a debt to one or more of the credit bureaus, as a “Collection Account,” including the amount, and whether it was paid or not. Paying off a collection account will not result in the item being removed from the consumer’s credit reports - it will simply be marked “Paid.” Agencies can report both debts that they have bought, and also debts that they are working on behalf of the actual creditor.

Also, a collection company may request a debtor’s credit file, in order to get an idea of his/her general financial situation, and to get an updated address and phone number.

How long do collection accounts last?

Collection accounts are subject to the normal seven-year time limit for appearing on credit reports. As specified in Section 605 of the Fair Credit Reporting Act, this time limit is based on the date of the original delinquency.

What are the chances of a lawsuit?

If the debt was placed on contingency, the 3rd party collection company cannot file a lawsuit. If the balance is large enough and the debtor is being resistant and if there are indications that the debtor has vulnerable assets, the agency may send the account back to the creditor with a recommendation to file suit. Every creditor has its own criteria for the final decision; for example, the amount must be substantial (often $1500 or more, at the very least.)

Collection companies tend to avoid sending too many accounts back, since it suggests that they aren’t very good at collecting. Also, letters and phone calls are much less expensive than going to court.

If an agency has bought a debt, then they have the ability to sue, but by that time, the debt is likely to be rather old, and the agency doesn’t have much invested in it.

Collectors tend to focus on fear and intimidation, since those things can work much more quickly, cheaply, and efficiently than legal action.

Suit is certainly brought against many debtors, but not as often as debtors think. There is a big difference between, “Pay up or we will continue with collection action,” compared to an actual Summons And Complaint.

If the debt is substantial and recent, and the debtor appears to be a good target (e.g. reasonable assets or income), a lawsuit is a real possibility. If you are served with legal documents specifying a particular court, hearing date, etc., you should see a qualified attorney immediately. That area is beyond the scope of this FAQ.

Who regulates collection companies?

The most important law is the Fair Debt Collection Practices Act (FDCPA), which places many restrictions on collection activities. The FDCPA only covers 3rd party collection companies, not original creditors.

All the states have applicable laws regarding such things as telephone harassment.

Who enforces the FDCPA?

The Federal Trade Commission oversees the collections industry, and has the authority to impose fines or other penalties for violations. However, the FTC does not get involved with individual consumers’ cases. They accept a large number of complaints, and look for patterns of violations which could then lead to action against a particular collection company.

What if a collection company ownes the debt?

The agency then becomes the creditor for most purposes. The debtor will not be able to make any negotiations with the original creditor. The agency might be technically able to file a lawsuit against the debtor, (although this is not likely.)

However, the Federal Trade Commission has issued a Staff Opinion Letter which indicates that, even if a collection company has purchased a debt, it is still covered under the Fair Debt Collection Practices Act as a “third-party debt collector.”

What about the relevant time limits?

The debt does not become some kind of “new” debt just because of being sold. For example, the seven-year credit reporting time limit is still based on the original delinquency date with the original creditor. The statute of limitations for filing lawsuits is also based on that same date. These limits can not be legitimately “reset” by a collection company that has bought the debt.

However, the statute of limitations may possibly be reset if the debtor makes a specific promise to pay, or a partial payment.

Can the collection company do anything after the time limit expires?

Yes. The statute of limitations only covers the filing of lawsuits, and the credit reporting time limit only covers bureau listings. There is no time limit on letters and phone calls.

A collection company that has purchased a bundle of “out-of-statute” debts (where the SOL has already expired, or “run”) is hoping that, either the debtors will feel guilty, or that they won’t be aware of that “out-of-statute” status. But if a particular debtor makes it clear that s/he understands the legal situation, then the collectors are likely to give up and move on to easier targets.

Can collectors call the debtor’s place of employment?

Yes, but there are limitations. For example, they can not legally tell your employer about the debt, or try to have you fired.

Is there any way to make them stop calling?

Yes. According to section 805 of the Fair Debt Collection Practices Act:

“(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except –

(1) to advise the consumer that the debt collector’s further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.”

So the consumer can just send a 3rd party collection company a written notice (preferably citing the FDCPA), ordering them to stop the collection letters and calls, and the agency is legally obligated to comply. The only permissible contact thereafter is to notify the debtor of specific “remedies,” like legal action, but usually the collectors won’t even bother.

If the creditor hasn’t yet made a decision on whether or not to file a lawsuit, then that decision may be made at this point, rather than being delayed.

After a “cease and desist” notice from the consumer, the debt may then be returned to the original creditor, passed on to another third-party agency, or simply filed away, depending on the circumstances. The agency may still report the account to the credit bureaus.

From JR Rooney

Robert Paisola Named Innagural Member of Uplej.com

2008-04-22T15:35:00.000-07:00

Robert Paisola Named Innagural Member of Uplej.com

Online Videos by Veoh.com

Robert Paisola was invited by Mr. RG Williams, International Motivational Speaker, to become a founding member of the uPlej.com Charitable Trust. Join Robert Paisola, RG Williams, Nathan Osmond, and Todd Herzog as we work with YOU to raise money for the Huntsman Cancer Foundation, The Make A Wish Foundation, and many other worthy causes in America.

JOIN TODAY

Tim Rushing at Nationwide Credit Goes Down in Fire by an American Express Debtor, Robert Paisola Investigates

2008-04-07T13:51:00.000-07:00

Note From Robert Paisola- This is one of the best phone calls that we at Western Capital have EVER received from a client. This goes to show how much effect that WESTERN CAPITAL is having on the American Credit System. Again, NEVER EVER EVER pay a debt collection agency. Also, EVERY SINGLE READER MUST LISTEN TO THE CALL made by our client. This is how YOU should handle any call with a debt collector. Absolutely amazing job sir!

Here is the recording of the call

Mr. Robert Paisola,

I was contacted by Nationwide Credit on Friday April 4, 2008 about a delinquent American Express account. They tried very hard to get me to pay the debt in full or make a large down payment and payment arrangements. I offered to pay them $8500.00 within 5 days to settle the account and that was unacceptable. When I asked for them to send me something in writing, they refused and told me I had to take advantage of their offer that day or my account would “go to audit”. They wanted my bank account information and a date when they could electronically transfer funds from my account. I refused and told them that I needed to research this further and they needed to contact me via phone today, April 7, 2008.

While doing research, I found your website with the recording and transcripts from past dealings with Nationwide Credit.

I am attaching a recording of the phone call I had today with Tim Rushing, a Supervisor in the Sacramento office. If you would like to contact me please use my personal email, zoominternet.net or call 724-XXX-XXXX

Earl

The 9-11 Story- The Full Movie, Posted by Robert Paisola

2008-02-06T14:52:00.000-08:00

No matter who you talk to, you will find that every American has an opinion on the terrorist attack on 9-11 This is a 2 hour video that will make you really think about the possibilities.

Think Hard...
Robert Paisola
Director
The Western Capital Foundation

The Sex Offender Chronicles Associate News Blog, By Robert Paisola

2008-02-06T08:51:00.000-08:00

Free Lessons On The Secret Today! Posted By Robert Paisola

2008-02-06T01:10:00.001-08:00

Failure to Register as a Sex Offender- In The Proper Format? A Question for the Supreme Court, Posted by Robert Paisola

2007-09-23T23:34:00.000-07:00

Failure to Register as a Sex Offender- In The Proper Format? A Question for the Supreme Court, Posted by Robert Paisola

We at BOPWATCHDOG.COM received this letter. There are many valid points and more to come.News of a horrific crime, reporters telling the details over and over, mugshots of the suspect on the screen, revelation that the suspect is a registered sex offender. Even though such a crime might occur hundreds of miles away, I panic.

That crime could cost my son any remaining chance of a normal, stable childhood. It could cost me the choice to live peacefully with my husband, the right to live free of the terror that someone will show up on my doorstep intent on murder.

Why? Because in response to horrific crimes, society now lashes out at law-abiding citizens who, in the past, broke the law. Punishes them again by broadcasting their daily whereabouts to the world, driving them into joblessness and homelessness, banning them from walking down a city street or taking shelter in cases of emergencies. And the law thoroughly punishes their families. Spouses must either live under the same dangers, restrictions and privacy invasions, or abandon their marriage. Children lose friends, homes, and the right to be free of mockery and assault and fear.

We don't speak out often. Being legally required to provide personal information to those who wish to kill us tends to stifle public discourse. If a death threat is made, we cannot protect ourselves by staying with relatives or in a hotel for a few days. The law requires we keep the potential killer updated as to where we can be found. And that potential killer would have more rights under the law, even if he murdered us, than we do as people trying to remain in compliance with ever-changing laws.

My husband was convicted decades ago of a sex crime against an adult. He served time, he participated in years of treatment during and after release, he spent additional years under supervision. Then a court, and a panel of mental health experts, deemed he was no longer a danger to anyone. Not medium risk, not low risk. No risk. He set out to do what hundreds of thousands of ex-cons do--build a new life--and he succeeded. We married and had a child. We worked hard, contributed to our community, raised our son, made plans for the future.

Then society demanded a do-over, and contrived to do so through "regulation." So another court decided there was no punishment attached to retroactive registration of sex offenders, nor in the highly publicized dissemination of their whereabouts. Even though we are no longer subject to criminal supervision, "civil" laws have taken our privacy, our right to live and travel where we choose, and our right to be free of harassment.

Politicians, the media, and the public make it clear to us: We are human garbage. Toxic waste. Unfit to breathe the air. Unworthy of life. Deserving of death at the hands of vigilantes.

Yes, I say "we," even though my husband is the only sex offender in the family. For years, the public, politicians, and certain advocacy groups have gotten away with failing to acknowledge the swath of collateral damage their law-making has inflicted. If a mere third of offenders are married, almost a quarter million spouses are recklessly placed in jeopardy by the laws. If a third live with a parent, almost a quarter million family members are at risk. If a third have a single child, almost a quarter million children are--daily-- endangered by public notification and the prevailing, rabidly encouraged public sentiment that any registered offender should be tormented at every opportunity. Our lives are ones of fear.

To those who say I knew what I was getting into by marrying a man with a sex crime in his past, consider this: We married five years before the first law that affected us was passed, and nearly ten years before the current crop became law. Ten years ago, no reasonable person would have predicted that, absent any wrongdoing in that time, we'd suddenly be violating the law to live in a home we own, to drive down certain city streets, to take a vacation without notifying law enforcement, to buy or rent a new home or hold a job without updating the public--all because of a decades-old conviction. All these penalties came to pass after our marriage, and after the birth of our child.

There is no way to appeal it. There is no escaping it. No matter what we do--no matter how well or how long we abide by the laws--we lose more and more rights and freedoms every day. And that loss is based upon pure hysteria and statistical manipulation. The testimony of mental health experts is ignored by politicians and the mainstream media. True recidivism rates are under-reported, or are not reported at all. Even victim advocacy groups and prosecuting attorneys are disregarded when they speak against these punishments. And discussing the consequences of the laws is, apparently, taboo in the public forum.

Some will say it would be shameful to repeal laws intended to protect children. I tell you the recklessness with which hundreds of thousands of innocent American citizens have been triumphantly stripped of their privacy, family, and safety is shameful indeed. Politicians and advocates tell us that such "civil" abuse heaped upon sex offenders is worthy if it saves a single child. By default, they name the pain and loss and endangerment inflicted on other children worthy as well. Shameful indeed.

I don't ask that you welcome us with open arms. We ask for something far more simple: to be left alone, just as we were all those years in which we did nothing wrong under the law. However, if you demand that every offender be eternally punished for his or her past, then show the moral courage to hold yourself accountable for the present.

When you demand offenders be pushed out of your community, say out loud, "and their children should be hounded out of their home, too."

When you demand longer and broader notifications, state bravely, "and I want their children to be shamed whenever they leave their home, to live in terror of vigilante violence forever."

When you demand offenders be banned from schools, proclaim as well, "and I want their children to be mocked and beaten by their classmates, to never have a friend."

When you demand the government step in to 'protect the children,' say to the offender's child, "But you I will purposefully endanger. Your family I will destroy, and claim its destruction as my victory."

When you demand an offender be again punished for a decades-old crime, at least have the decency to say you're willing to inflict certain damage on thousands of children in exchange for the many-times disproved promise of better security for yours.

Don't like the way that sounds? Neither do we. But you have the option of turning away, of ignoring it, of justifying it with sound bites. We don't. We live according to the whims of civil madmen every day.

The Western Capital Foundation

It's Rock and Roll Time for Westgate Resorts- CLASS ACTION BOYS, Robert Paisola Reports Live

Westgate Resorts Class Action Lawsuit Now In Play

Nevada court might finally deliver timeshare ripoff victims the justice they deserve.

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A ‘five star luxury resort’ Westgate Resorts executive admits untrue. Our experience in Westgate South Beach and how Westgate’s deceptive practices should refund buyers their money.

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Part III in the ongoing story of attempting to fight back against Westgate Resorts rip-off time share scam. See our previous story on Vegas time share scams.

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How one-week single usage timeshare options are misleading and dishonest. The second of four installments beginning with our previous story on timeshare nightmares.

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