Belair et al. v Holiday Inn Club Vacations

Case Number: Case No. 6:21-cv-00165, 11th Circuit Case No. 2023-10101

Last Updated: May 28, 2023

Status

Pending ruling on timeshare owners’ appeal of motion dismissing their complaint on the pleadings

Location

Presiding Judge

Judge Berger

Date Filed

01/23/2021

Highlights

Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) filed an Amicus Brief in support of timeshare owners’ claims under the Fair Credit Reporting Act (FCRA).

Case Posture

Claims:

Timeshare owners claim that Holiday Inn Club Vacations (HICV) and Experian breached the Fair Credit Reporting Act (FCRA) by inaccurately reporting that such owners continued to owe a debt to HICV notwithstanding the fact that owners had elected to default prior to the time that HICV recorded the deed in the timeshare owners’ names, Pursuant to the timeshare owners’ interpretation of the relevant timeshare contracts, HICV’s loan to them was not closed until the deed had been recorded.

Posture:

Pending ruling on timeshare owners’ appeal of order granting developer’s motion to dismiss complaint.

Summary:

Timeshare owners alleged that HICV violated the FCRA by inaccurately reporting a debt related to a timeshare contract that had never closed. Judge Wendy Berger of the Middle District of Florida granted HICV’s motion for summary judgment.

The owners appealed to the 11th Circuit, and the FTC/CFPB filed an Amicus Brief supporting reversal of the order dismissing the owners’ claims.

Click on the PDF titles below to view.

Docket link

Operative Complaint

Critical Orders

Critical Briefs

Transcripts

Click on the PDF titles above to view.

Parties

Plaintiffs Robert L. Belari and Lori N. Belair

Plaintiffs’ Counsel

Aaron M. Swift, Jordan T. Isringhaus and Jon P. Dubbeld of SWIFT, ISRINGHAUS & DUBBELD, P.A.

Michael D. Finn, J. Andrew Meyer of FINN LAW GROUP, P.A.

Defendants Holiday Inn Club Vacations

Counsel for Defendant Holiday Inn Club Vacations

Bryan S. Jones and Christopher C. O’Brien of Bitman O’Brien Morat FL

Counsel for Defendant Experian