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Re: Class Action Against Diamond Resorts? (by Irene P.):

Annette: Diamond's contracts have a class action ban. You can't file a class action against Diamond unless you in writing opt out of arbitration within 30 days of signing a contract. Lawyers tell me deception doesn't work well in class actions because damages are not uniform, as in the case of a medical device failure. There were two class lawsuits filed against Diamond and both could not move forward because the (same) judge ruled in favor of arbitration. Every lawyer I spoke with feels arbitration is a kangaroo court. Diamond pays the arbitrators $400 to $800 an hour day after day, as opposed to a judge paid by taxpayer money. The arbitrator sees you once. Decisions are private and binding. If you lose you can be liable for Diamond's attorneys fees. At a trial I attended a dentist was sued for $176,000 of which $86,000 was Diamond's arbitration fees. The attorney from Greenspoon Marder stated that Diamond only lost one arbitration case (probably with their firm) because "You signed a contract" and the almighty oral representation clause. Diamond has armies of lawyers. The best course is to join our member-sponsored Diamond Facebook launched by an economics professor. I believe we are around 4,500 members since 2017. There are several volunteers answering questions on how to file complaints with regulatory agencies, some of them are actually on the side of the consumer. Hundreds of members have resolved their dispute working directly with Diamond. They can't post because they signed a nondiscloure agreement. I was offered a refund but refused to sign an NDA because I write articles. There are many who have joined together to affect change reaching out to the media and to lawmakers to propose bills for greater disclosure. The latest Diamond pitch is about "equity" despite Diamond points having no resale value. Our FB: https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/