Timeshare fraud with audio recording

[howardh]

I am starting a lawsuit against a timeshare company in Mexico. The salesperson committed intentional and willful fraud. He informed my parents he was selling them a "foreclosed" timeshare (they do not sell such timeshares) and would rent their unit so that it would be an investment with a large return (the company makes it illegal for their staff to rent time shares). After two years of continual lies, with no rentals booked, my parents and I went to Mexico and recorded the salesperson so that now all of his lies are on tape. We filed a formal complaint with the company and shared a few audio files with them. They agreed to refund my parents in a "standard" letter that they wanted them to sign. However, no date of payment was included so they refused to sign it. When we asked for a date of payment, our contact stated she couldn't help us anymore. We have hired an attorney now. However, we would love as much help as possible so if anyone has anything they can share, please do so. We would like to expose as much as possible so that we can prevent such fraudulent tactics going forward.

 

[moonstone]

In the Mexican section of these threads is a link to the MX consumer protection agency which many people have gotten a lot of help from. I have copied the info;

PROFECO:

• At Profeco we are here to help: call us at 5568-8722 or 01-800-468-8722

PROFECO
From Mexico City: 5568-8722. From the rest of Mexico:
01-800-468-8722. www.profeco.gob.mx
Site in English: http://www.profeco.gob.mx/english.htm


~Diane

 

[dioxide45]

I am not sure your recordings would be admissible in court in Mexico, would they? I understand that Mexico has strict two party consent requirements. Meaning all parties part of the conversation must be aware that the conversation is being recorded. Recording the conversation could be illigal.

 

[howardh]

In the Mexican section of these threads is a link to the MX consumer protection agency which many people have gotten a lot of help from. I have copied the info;

PROFECO:

• At Profeco we are here to help: call us at 5568-8722 or 01-800-468-8722

PROFECO
From Mexico City: 5568-8722. From the rest of Mexico:
01-800-468-8722. www.profeco.gob.mx
Site in English: http://www.profeco.gob.mx/english.htm


~Diane

Thank you Diane. We will reach out to Profeco. We are also hoping to bring suit here in the United States as the fraud is so egregious that we want to make sure it doesn't happen again to others.

 

[howardh]

I am not sure your recordings would be admissible in court in Mexico, would they? I understand that Mexico has strict two party consent requirements. Meaning all parties part of the conversation must be aware that the conversation is being recorded. Recording the conversation could be illigal.

From what i read, it is legal to record conversations in Mexico without consent. Moreover, they informed me while I was leaving (after i called them out on their fraud) that they had been recording me so at that time I mentioned that i too was recording them.

 

[Eggrollcreative]

I think we should all put our recorder down when we attend a presentation. “This meeting will be recorded for quality assurance.”

 

[dioxide45]

From what i read, it is legal to record conversations in Mexico without consent. Moreover, they informed me while I was leaving (after i called them out on their fraud) that they had been recording me so at that time I mentioned that i too was recording them.

You might want to confirm that first. A quick Google search seems to indicate otherwise. Many timeshare, and sales, companies in general will have listening devices so the sales manager in some back room can hear conversations. This is true in many states in the US too. As long as they don't record the audio (in those two consent states), they are working within the boundaries of the law.

 

[LannyPC]

We are also hoping to bring suit here in the United States as the fraud is so egregious that we want to make sure it doesn't happen again to others.

So did you come on to these boards to explain your situation? To ask for help as to what would be practical if you go forward with this? Or are you seeking out other victims hoping they will join you in your lawsuit?

If it's for one or both of the first two reasons. then fine. Welcome to TUG. If it's for the third reason, then I politely and respectfully suggest that you read the rules for posting here on TUG.

 

[SML123]

You are pissing in the wind. Vidanta has been lying to people for YEARS and no one can touch them. It's a waste of money. They have more lawyers and judges in pocket than you have in your entire state.

 

[rpennisi]

You are pissing in the wind. Vidanta has been lying to people for YEARS and no one can touch them. It's a waste of money. They have more lawyers and judges in pocket than you have in your entire state.

Did I miss something? Did the OP mention Vidanta (not that they or others haven't been lying to folks for years)?

 

[davidvel]

You are pissing in the wind. Vidanta has been lying to people for YEARS and no one can touch them. It's a waste of money. They have more lawyers and judges in pocket than you have in your entire state.

Not just in the wind, but directly INTO it.

 

[howardh]

A

 

[easyrider]

Not just in the wind, but directly INTO it.

I thought attorneys like this kind of stuff. The reason Vidanta changed its name from Groupo Mayan to Vendanta to Vindanta is because US based law firms sue them.

Bill

 

[davidvel]

I thought attorneys like this kind of stuff. The reason Vidanta changed its name from Groupo Mayan to Vendanta to Vindanta is because US based law firms sue them.

Bill

We all know you have thoughts Bill, everyone does. Most keep the unsubstantiated ones to themselves.

 

[easyrider]

We all know you have thoughts Bill, everyone does. Most keep the unsubstantiated ones to themselves.

It's actually true that some attorneys like this stuff and Vidanta has gone through multiple name changes. The Groupo Mayan name was changed after a class action in the US court and negative connotations with their brand.

Unsubstantiated is a telling word. It's not a common word in a timeshare forum. It is a common adjective used in legal forums. Used in a persons vocabulary, as in your comment, unsubstantiated might mean we require a retainer to find out, imo.

Bill