ORLANDO, FL – April 29, 2019 – Greenspoon Marder filed a three-count Complaint on behalf of Orange Lake County Club, Inc.(“OLCC”) in the Ninth Judicial Circuit of Orange County, Florida against several timeshare exit companies and their owners, including one of the largest companies in the timeshare exit industry, Helping Timeshare Owners LLC d/b/a Help4TSO and its owner William Howell, Jr.
These claims included (1) tortious interference with OLCC business relationships and (2) violation of Florida’s Deceptive and Unfair Trade Practices Act. Additionally, the lawsuit sought temporary and permanent injunctive relief prohibiting these timeshare exit companies from: (1) publishing false and misleading misrepresentations on its website or in any other print media regarding OLCC’s owners’ cancellation of their timeshare interest without any legal basis; (2) contacting and/or otherwise interfering with Plaintiff’s business relationships with its owners; and (3) sending Orange Lake form letters with pre-fabricated allegations of wrongdoing and misconduct.
After aggressive and lengthy discovery efforts, including Motions to Compel and for Sanctions, Greenspoon Marder’s team uncovered that Help4TSO and Howell intentionally thwarted the discovery process by withholding certain crucial documents. Ultimately, these repeated and unabashed obstructions efforts by the timeshare exit companies were soundly rejected by the Court
On April 26, 2019 after an evidentiary hearing the judge struck Help4TSO and Howell’s pleadings and entered a default against them – the harshest discovery sanction available which is reserved only for the most brazen violators. The court ruled that the plaintiffs were entitled to a final default judgment upon submission of appropriate proof of damages, as well as entitled to recover reasonable attorneys’ fees and costs in pursuing this action.
The Greenspoon Marder team was headed by partner Kathryn Saft and senior counsel Tina Garcia.
“We are pleased that this ruling will protect our valued timeshare owners from the predatory actions of timeshare exit companies,” said Ms. Garcia.
The case number is 2016-CA-010020-O.
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