Westgate Planet Hollywood Lawsuit

On February 10, 2014, a Federal Court in Las Vegas, Nevada, will hear testimony from Westgate Resort owners seeking justice.

Fuoroli v. Westgate Planet Hollywood Las Vegas, LLC (link to court docs)

From the official court documents:

Plaintiffs allege that Westgate made the following misrepresentations in the timeshare sales negotiations:

the property would be a pet friendly environment (doc. # 1 at ¶ 21), when in fact it is not (id. at ¶ 22);
daily maid service would be included (id. at ¶ 19), when the purchase included only weekly cleaning (id. at ¶ 20);
the timeshare would book a fixed unit during New Year’s Eve each year (id. at ¶ 23), when in reality the plaintiffs were purchasing neither a fixed unit nor the right to reserve any unit on New Year’s Eve (id. at ¶ 25).

Plaintiffs also contend that Westgate made false and misleading statements with regard to all of the following: the cancellation period for timeshares under Nevada law (id. at ¶ 35); the financing package used to purchase the timeshare (id. at ¶¶ 36–44); and, the completion date of the hotel (id. at ¶ 47).

From these facts, plaintiffs have alleged seven claims for relief. Ultimately, plaintiffs contend that “the contract drafted and presented by Defendants was materially different than the terms upon which Plaintiffs and Defendants had agreed during the sales presentation, [and] there was no meeting of the minds as to the terms of the purchase contract signed by Plaintiff[s] and, therefore, no contract was formed….” (Id. at ¶ 26)

After 5 years, this suit is finally going to be heard. The case starts at 9 am, and anyone can attend if they wish.

All eyes will be on the Nevada court to see how this class action lawsuit against Westgate is handled, as it is sure to set a precedent for other timeshare cases.

What do you think?
Westgate Planet Hollywood
Do you think Westgate Resorts has been dishonest in what was promised to timeshare owners vs. what they received?

Did the salespeople lie about the cost, fees and potential value of their timeshares for sale in Las Vegas and Miami?

Share your thoughts below, and we’ll keep this post updated as news on the case comes in.

33 Responses to “Westgate Planet Hollywood Lawsuit”

  1. Donna says:

    We were given a high pressure sale and have never been able to use the TimeShare. This turns my stomach in knots. Misused by westgate/Hilton I will join a lawsuit also!

    Donna

    • Kim says:

      If someone can point me in the direction of a lawsuit I’m in. We were completely misrepresented and cheated. So angry!! We were talked into trading in a 2 bedroom, paid for timeshare at Flamingo Bay for 4 days in a lockout unit. We were told we could bank each bedroom for a week…wrong!!! Now we are told you can’t bank a 4 day unit at all! Wo lost our paid off week and spent another $13,000 and got nothing but lies.

      • Mark S says:

        We would love to get out of our timeshare. after Hilton took over Planet Hollywood it almost impossible to go where/when we want. biggest waste of money and nearly impossible to get out of.

      • Carol Duffer says:

        Same thing is happening to me. I tried to reserve my 2 bedroom October 30th 2017 for June and they refused to take my reservation because it was pass this Hilton made September 30th deadline. This was not part of my original contract agreement when I bought my timeshare through Westgate. Something’s got to be done about this Hilton situation.

    • Cassandra Walker says:

      Purchased ou time share Westgate/ HILTON many years ago and we have never been able to use it. When they took us on our walk through (Planet Hollywood),that was our first and last time ever seeing the property.

  2. TDavi says:

    Purchasing this timeshare at PH Tower in Vegas was an awful mistake, that I wish I could take back. Many false comments made during my informational. purchased 2006 and was told maintenance fee wouldn’t change much, and jumped from $850 / yr to $1100 / yr for my next year. Problem is i can’t sell this timeshare to save my life. I wouldn’t even waste my time with the presentation for whatever trinkets they give away now. Anyone interested in purchasing from me, please let me know. LOL, but Im serious.

  3. Jean Piper-Myers says:

    We Purchased our Time share through Westgate in Las Vegas and it is a disaster. If there is a class action lawsuit brought we want to be involved. Anytime we have tried to exchange a week there is no availability, we were told we could rent or sell our timeshare, nope, turns out we can’t!
    How do we file a class action lawsuit?
    Westgate needs to be held accountable!!!!!!

    • Scott says:

      Please let me know if you find or start a class action. We have the same problems and own at the Elara (formerly Westgate Planet Hollywood)

  4. Orlando Gonzalez says:

    I hope I can be part of this lawsuit and obtain a compensation from Weesgate Resort. I don’t know how. Somebody help me w/ this, I was totally cheated in:
    Areas of Misrepresentation
    1. Was the duration of your tour extended? (Did you say no at any point?)
    Yes. Several times me or my wife say no politely because too expensive or far from our home or whatever and always come with a solution for our disagree. More than 6 hours in that.
    2. Were you told it was an investment? (Value would increase)
    Yes, and more, that was the only reason of why we accept. I don’t want better or great vacation in a false Resort of 7 stars as he said repeatedly. In that time my 401K investment suffers strong loss of money and I want to invest my money and prepare for a decent retirement. Now after of years of punctual payment of everything I find that was cheated miserably and lose more than $20,000.00 That’s the very painful true and I can’t find somebody that really help us somehow.
    3. Did they say you could rent or resale your timeshare? (Sell for profit)
    Yes, absolutely. He told us “he saw persons pay $800.00 for the night of December 31 included in my week”. But they say to us the only way to do it is through them (the sellers or the desk of the Resort) simple, calling personally the friendly guy who we are talking, for me was clear that they help us to find the people who want to rent in the case that we do not use the unit and we do not find somebody who want to rent it. That is big big lie and the phone of the “seller” was no longer in use… in a couple of weeks. Now I see after year they don’t resale it neither. Look, I insert to you below what they answer to me about it.
    Hello Mr. Gonzalez & Mrs. Garcia,
    Thank you for contacting the Resale Department. Unfortunately, we do not list this timeshare in our office. For information about selling your timeshare on the resale market, please contact Lantern at [redacted]. If we may be of further assistance, do not hesitate to contact us.
    Best regards,
    ______________________________________________________
    Resale Department
    ______________________________________________________
    HILTON GRAND VACATIONS

    4. Did they give you a false sense of urgency? (Today only price)
    Yes, in a rush. The offer is for that moment with no time to and see the real unit in the Resort or check if that is a correct price on line and no time to consult nothing by phone, or if you say no, “you loss the opportunity for the best deal of your life, you can trust me, etc. etc. ”.
    5. Told of any extra exchange fees? (Cost to use another property or any dues)
    No. Only insist you can go almost everywhere in the world, and when you paid in full the cost annually will be only the maintenance saying nothing about that it can be increased because an assessment…
    6. Was your closing rushed? (Rush paperwork not giving you time to read)
    In that time my English was really bad and I had to trust in a woman who the first words was “I don’t know what they say to you outside (was inside an office) only I Know you need to obtain the finance for $20,000.00 and I can give to you that” then she “translate” the document for me…
    7. Was your cancellation period pointed out? (Did they verbalize how many days?)
    Exactly I don’t know what’s this. They said I had to pay about $1,500.00 in that moment and about $8,000.00 in two or three month or at the and I will paiy about $3,000.00 more…
    8. Tax incentive/deductible? (Give any CPA advice about your timeshare?)
    Nobody said nothing about this and I don’t know what is it.
    9. Were you invited to an “owner update” meeting and it turned into a sales pitch ?
    I was invited for some meetings, may be for that, but I never ever went again to Las Vegas..
    10. Were there any promises made by the sales team that were not true?
    Yes. If we buy the timeshare the seller make for me the arraignment for two weeks more depending of the availability, only I must call him. After signing the documents the man in charge say Two weeks more… in the middle of applause of everybody because I became a member of the Family…. Then we are totally hypnotized. Promises not true at all… At the end 6 hours later they put you in a Limousine to return to your Hotel.

    The law must be on the side of decent people like me, and do something, and punish people like them.
    Orlando

    • Niki Patterson says:

      Please contact me we need to join this lawsuit. We have documentation to prove the fraud that is being committed.

  5. Efren rico says:

    I own also at elara hilton , their sell tactics are illegal
    If u need me to join the lawsuit i would

    • Scott says:

      Please let me know if you find or start a class action. We have the same problems and own at the Elara (formerly Westgate Planet Hollywood)

  6. Melanie says:

    They wouldn’t take no for an answer! Was told at the Planet Hollywood shopping mall that we could pay $20 each if we gave 90 minutes to tour a new hotel. Nothing was mentioned about timeshare until we got to the location. We are polite people, and continued to say no, after we listened to their speel. Then they brought over a manager. We tried to be nice but were really getting mad. Finally got out of there but it sure took more than 90 minutes. They are high pressure salesman. Be aware they don’t understand the word NO!

  7. John F says:

    Is this still ongoing and is it still possible to join?

  8. Mandy Whitehouse says:

    I have tried to get my money back via my credit card in the UK however got no where. Buying the Westgate timeshare is the single worst decision I’ve ever made. January looms and the fees are due. It is cheaper to buy flights and hotels from a travel agent. My issue is with the Interval International part of the deal. I have not been able to find a suitable holiday once and this was the main reason for buying into the scheme to reduce the annual holiday bill.

  9. Althea Yvon says:

    Please help me get in on the lawsuit. timeshare is a GIMMICK. I hate I bought the one in las vegas and now the one in gatlingburg.

  10. Dave says:

    Guilia you know I’m in exactly the same pitsoion, with the difference of me now knowing exactly when my contract ends, being working with my father haha :DYour post is so good, I really felt it. Well just wanted to tell you that you are not alone, maybe it makes you feel better :)Goodluck :)Someday I’ll Be Ther recently posted..

  11. Daniel Dalena says:

    We too have been mislead by Westgate with promises of two towers, beach/pool among other promises. I believe they committed fraud in that they misled all who purchased a timeshare. Being as busy as my family is, we bought the timeshare in 2008 and have used it once, staying for a week at the Elara Hilton. It was not a nice experience. We had to clean and make beds ourselves or pay a fee for a maid. The carpets were dirty and the hall carpets were stained. No stove or any other amenities they promised. We actually stayed for 4 days at a relatives house in nearby Arizona during our week. We tried selling and renting with no luck. All companies wanted $2000+ to take the timeshare off our hands. I bought it as an investment and now I’m $13,000 in the hole because of this calamity. I hope I can join the suit. Please advise how. Thanks.

    • Rick Herrera says:

      What ever came of the Planet Hollywood timeshare lawsuit? I bought at Planet Hol in 2009 and I am very disappointed! Thank you!! Rick

  12. Kimberly Rux says:

    I too was misled by Westgate. I was promised that if I wanted to sell my timeshare back they would buy it; no such luck!!! I was also told the maintenance would not increase and I would not have a problem using my timeshare and lastly if I didn’t have time to use it on he odd years I would be able to use it the following year! ALL OF THIS WAS A LIE!! I want to sell this timeshare and move on but I can’t sell it. They need to give us our money back

  13. Karen Saleh says:

    We purchased a timeshare at Westgate PH and just a few months later the place was sold!! So now we are Elara owners, but still considered Westgate owners…but unsure who we really belong to!! We have tried to have it explained to us, only to feel more confused and have another Westgate sales pitch thrown at us! That infuriates me! Plus the maint fees at Elara go up more all the time!! NOT what we wanted and probably cannot sell it if we wanted to!! Thousands of $$ down the drain in our opinion. We could have taken some really nice vacations on that money!! Mad?? YES

    • nerida madine says:

      I wish we could file a class action suit. In the past year all I get is refusal or unavailability when I try to use my ” Plabet Elara ” timeshare. Initially enjoyed the luxury. Now denied peak time because units being used to sucker other people into buying f
      the lie.

    • nerida madine says:

      I wish we could file a class action suit. In the past year all I get is refusal or unavailability when I try to use my ” Plabet Elara ” timeshare. Initially enjoyed the luxury. Now denied peak time because units being used to sucker other people into buying f
      the lie.

    • Brandi Quam says:

      They did the same thing to us!! No one on either side – Hilton or Westgate can tell us who actually owns our property. HGVC says its not them even though they collect maintenance and fees and take care of the reservations… my deed says Westgate – I want to upgrade and Westgate won’t honor it!!!!

  14. susan says:

    Can Westagte at Gaitlinburg be ioncluded in this lawsuit? I wish I never went to their presentation. I can’t beleive we bought a timeshare from them. so far, i have experienced nothing but disappointment. It turns out, i can get really nice hotel for less money than a so-called “getaway” because my husband is a federal officer. I haven’t used them for anything yet but i am out over $9,000 and getting billed every month for the next 3 years.

  15. Joe says:

    I wish I had known about this because I would have went. They made so many promises and I never seen one thing happen. Now that Hilton has it I don’t even get the benefits from Hilton and I don’t think that is right. I wish I would get a settlement

  16. David Hansen says:

    Westgate Planet Hollywood has lost there holdings, We where in Vegas a week ago went to check on time share, (because we can never get our time allotted to use when we call to use timeshare at Planet Hollywood). It is now being run by Hilton Grand Vacations, selling the remaining rooms. Westgate sold 20% of the rooms bank kicked them out. Now Hilton working the building. I feel Westgate never told us about situation, mislead buyers, and running a scam. I have paid in full, have Deed for planet Hollywood but now it is worthless, Very disappointed in Westgate, and if not for losing my investment would not pay my dues!!!!. All I can say is don’t by Westgate properties.

  17. Suresh says:

    I was told by planet hollywood that I can exchange my floating week for any time of the year, all weeks are red. Also, since only 10% of the hotel was being sold and rest will be rented, owners will have the first preference. This seemed to make sense as I was paying a huge amount for a fractional week (almost the same price as Trump tower if I were to amortize the amount and include the maintenance). When I called today to exchange for holiday weekend, I was told that the owner quota was full. So, westgate dont have an issue lying to sell the weeks, and their is no regulation being done of what the sales person can say.

    Not sure what my options are. Definitely not worth paying even the maintenance if I cant use the vacation. The payment looks like is down the drain unless there is a legal option.

  18. SJP says:

    Yes they have been dishonest just like all the other timeshare resorts that promise everything and deliver nothing. The sales people will lie to get you sucked into their scams. I hope all us timeshare owners can file lawsuits and get our money back from these thiefs.

    • Jules Duval says:

      Yes, we have been scammed by Silverleaf too many times.
      We are in the process of cancelling our membership, but it is a long, drawn out process. We also need a class action lawsuit going up against Silverleaf.

      • ReggieT says:

        Look at http://www.westgatefraud.com to see how Nevada, the Sin State, court system works, it works against regular folks. Nevada State is there to take your money, suck you dry, not there to help visitors getting justice or They will be all unemployed. David Siegel and his cronies keep Las Vegas alive. How do these cockroaches sleep at night ? Sadly, they probably sleep very well, every night. Despite hundreds and thousands of complaints on numerous websites, Nevada State can find no wrong with Westgate and David Sigel, they are just too happy he has come back and do another timeshare project down the strip and scam more innocent visitors. Stay Away from Westgate Resorts, they should be in jail long long time ago.

      • Veronica Coleck says:

        I was shown two beautiful towers to be built. This didn’t happen, only one was built. The owners wife divorced him lawsuit and she got hero eu. I wasn’t notified of this and it was sold to Hilton, Elora. I don’t own anything for $26,000.00. I wish there was a wsy to get even $5,000.00 back from this man who used my money to help him get rich on unfulfilled promises.

        • Cassandra says:

          Westgate needs to be held accountible. Why is it that the law protects the big fish. God knows! I wish all of us could file and win a class action lawsuit.

          Armyof4

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