After the consumers have paid their deposit for the vacation travel package, Defendants send the consumers written materials, which more fully describe the vacation, the terms and the restrictions. When consumers read the fine print in written materials or begin scheduling their vacations, they often learn of previously undisclosed material terms and conditions. Defendants do not disclose to the consumers prior to purchase that travel arrangements to use the Florida Segment are made through a third party and that, in most instances, the consumers are expected or required to attend lengthy timeshare sales presentations. Defendants also do not disclose prior to purchase the full terms and conditions of their cancellation policy. Many consumers attempt to cancel their vacation travel package either soon after the initial sales call or after they receive the written materials and discover that there are previously undisclosed terms and conditions.
Defendants routinely deny consumers' requests for full refunds or cancellations.
Those consumers who actually take the vacation offered by Defendants discover that the Florida Segment of the vacation travel package is a plan to compel them to attend previously undisclosed timeshare sales presentations. The Rule became effective on December 31, 1995. In numerous instances, in connection with the advertising, marketing, promoting, offering for sale, or sale of vacation travel packages, Defendants have failed to disclose, in a clear and conspicuous manner before consumers pay for the vacation travel package, all material restrictions, limitations or conditions to purchase, receive, or use the vacation travel package, including, but not limited to, that consumers are expected or required to attend sales presentations for timeshare vacation property. Consumers throughout the United States have suffered, and continue to suffer, substantial monetary loss as a result of Defendants' unlawful acts and practices. In addition, Defendants have been unjustly enriched as a result of their unlawful acts and practices.