A Lee County senior aptly named “battling Billy Arkwright” issuing a Florida credit company. The claim alleges it obtained profit through unfair or deceptive trade or commerce when it assisted a timeshare resort to sell its contracts
Under Mr. David Robinson (his real name) this 76 year old man “got fed up” with having his “hat and coat nailed on time after time” therefore filed a lawsuit in November 2016 in the District Court for the Middle District of Florida and named American Consumer Credit LLC and Mr John Does as the defendants.
He alleges violation of the Federal Credit Repair Organizations Act, violation of the Florida Credit Service Organizations Act, violation of the Telemarketing and Consumer Fraud and Abuse Prevention Act, violation of the Florida Deceptive and Unfair Trade Practices Act, breach of contract, breach of express warranty, civil conspiracy, fraud, negligent misrepresentation and unjust enrichment.
Robinson incensed by his treatment claims to have limited finances, made an ill-advised decision to buy (you guessed it) a timeshare in Avalon Resorts in Cancun, Mexico. The letter of claim explains, despite his best efforts, he was burdened by maintenance costs and other fees associated with the timeshare that has dramatically increased over the years.
The lawsuit states “in an effort to eliminate his timeshare interest, Robinson was enticed by American Consumer Credit to pay $1,800 as credit services to eliminate his timeshare as facilitated by the defendant’s licensed attorney, and that a money-back guarantee would be honoured in case the defendants were unable to eliminate plaintiff’s timeshare interest”.
He goes on the state both defendants did not provide any evidence to Robinson that any work had been performed on his behalf and they have refused to refund the claimant without good cause or justification.
Mr Robinson further alleges the defendants failed to provide a prior written statement advising Robinson of his rights as a consumer, failed to provide the required cancellation form, and failed to refund the amount paid as a credit repair organization.
Mr Robinson seeks a trial by jury, a civil penalty of up to $15,000, injunctive relief against further violations, actual, compensatory and punitive damages, costs, attorney fees and all further relief as justice requires. He is represented by attorney Robert W. Murphy of Law Offices of Fort Lauderdale.
Posted on: 10th December 2016