In my last few blog posts, I have discussed a few of the protections that the Tennessee Timeshare Act affords to consumers. In my last blog post I discussed one of the remedies that consumers have in certain circumstances – the right to cancel the transaction. But the Timeshare Act goes much further than cancellation. Specifically, it contemplates that a consumer may sue a timeshare developer or seller for damages and/or rescission, and that if the consumer can prove a willful violation of the Act, that she may be entitled to recover punitive damages and/or attorney’s fees. Specifically, Tenn. Code Ann. §66-32-118 provides that “if a developer or any other person subject” to the Timeshare Act violates any provision of the Timeshare Act, then “any person or class of persons adversely affected by the violation has a claim for appropriate relief.” Significantly, this section provides that “Punitive damages may be awarded for a willful violation of this part. The court may also award reasonable attorney’s fees.” The statute goes on to actually make certain violations of the Tennessee Timeshare Act criminal in nature.
In short, the Tennessee Timeshare Act contains important consumer protection laws, and gives consumers the ability to enforce them. However, claims under the Timeshare Act must be pursued in a timely fashion, or they can be barred by the applicable statute of limitations.
John O. Belcher is a founding member of Belcher Sykes Harrington, PLLC and routinely represents consumers in timeshare fraud cases. The information above is just a general summary and does not constitute legal advice. If you would like to discuss your particular timeshare transaction, don’t hesitate to contact Belcher Sykes Harrington, PLLC.
