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Have you been chained to a fraudulent Timeshare Sales Contract ?

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  • Posted at 6:31 PM, November 28, 2016

    From the Knoxville News Sentinel
    :By Jamie Satterfield of the Knoxville News Sentinel

    One of the nation’s largest timeshare companies fed a Dickson, Tenn., couple a load of bogus promises, and now the firm has to pay — to the tune of more than $600,000.

    So says the Tennessee Court of Appeals in a decision Friday to uphold the findings of Sevier County Chancellor Telford Forgety Jr., in a lawsuit against Westgate Resorts.

    Forgety deemed Westgate guilty of “willfully” violating the Tennessee Timeshare Act and the Tennessee Consumer Protections Act in its Gatlinburg resort’s dealings with Nathan B. Overton and his wife, Patricia A. Overton.

    Forgety hit the firm with damages totaling more than $700,000, including punitive damages and attorneys’ fees. The appellate court shaved $100,000 off the total because of a cap imposed by the Legislature but otherwise opined the firm was lucky not to face criminal charges. Even with the cut, the total damages still top $600,000.

    “Based on all the proof adduced at trial, the Overtons demonstrated by clear and convincing evidence that Westgate engaged in conduct with regard to this transaction that was intentional and fraudulent,” Appellate Judge Thomas Frierson II wrote. “We do not find the punitive damage award … to be excessive based on the civil penalties that could have been awarded pursuant to the statutes, especially when coupled with the prospect of criminal penalties as well.”

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