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).
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.
Pending ruling on timeshare owners’ appeal of order granting developer’s motion to dismiss complaint.
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.
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Plaintiffs Robert L. Belari and Lori N. Belair
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