Diamond asserts claims of violations of the Lanham and Tennessee Consumer Protection Act against Wesley Financial Group and its owner, Charles McDowell, III (collectively, Wesley).
Diamond’s complaint is pending a ruling on Wesley’s motion to dismiss Diamond’s claim for violation Tennessee Consumer Protection Act.
Diamond alleges that Wesley falsely advertises a guaranteed method of cancelling Diamond owners’ contracts with Diamond, however, Wesley cannot deliver on this promise. According to Diamond, Wesley requires Diamond owners to pretend that Wesley is not assisting them in the cancellation process. Diamond alleges that Wesley discourages Diamond owners to retain attorneys, but instead ghostwrites letters to Diamond requesting cancellation. When this does not work, Diamond alleges that Wesley induces the owners to stop paying Diamond, exposing the Diamond owners to foreclosure, a money judgment credit score impairment “or worse.”.
On 7/31/20, Wesley filed a motion to dismiss Diamond’s claim for violations of the Tennessee Consumer Protection Act (Count Two), on the basis that the Act’s scope is limited to consumers, and Diamond lacks standing to assert any violation thereof.
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DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT, LLC., DIAMOND RESORTS HAWAII COLLECTION DEVELOPMENT, LLC, DIAMOND RESORTS MANAGEMENT, INC.
Greenspoon Marder, PA; local counsel Woolf, McClane, Bright, Allen & Carpenter, PLLC
WESLEY FINANCIAL GROUP, LLC, CHARLES MCDOWELL, III
Neal & Harwell, PLC