Original Message:
Hope springs eternal, but reality is harsh... (by KC):
janiceb273 wrote:According to Wikipedia “In law, fraud is deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud itself can be a civil wrong (i.e., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation), “ maybe not a criminal case of fraud but a civil case For sure. The only reason they are not being sued is because no one wants to pay the attorney fees by themselves. It would be sixes even if they won. But if enough people did it together....it might be worth it.
I don't know if you have a law degree (...yes, I do), but an academic "definition" from Wikipedia is irrelevant to actual legal application in the everyday real world (including in the courtroom).
The reason SMTN is not sued and will remain alive and well for as long as they choose to remain in business is that they are not doing anything unlawful . They are a (mostly useless) listing service --- no more and no less. People foolishly pay SMTN serious money for a listing and SMTN then lists --- done deal. The fact that gullible people choose to entertain unrealistic "pie in the sky" verbal (...never in writing) nonsense about the actual resale value of what they own is on them, like it or not (please don't shoot the messenger). A little homework will reveal the actual resale value and marketability of any timeshare. Unfortunately, some timeshares have little or no resale value or desirability in the open marketplace, but people who once paid big bucks (understandably) have great difficulty accepting the fact that they grossly overpaid for what they previously bought. Accordingly, they really "want to believe" that they can recoup their money. SMTN takes advantage of that desire to "believe". Slimy? yes. Unlawful? no.
I have no use whatsoever for SMTN, but it is my firm belief that attempting to initiate or pursue legal action against them would just be an unproductive and complete waste of time, even if some attorney would take your "case" pro bono (highly unlikely). SMTN weasels are slimy, opportunistic parasites --- but they are not breaking the law. Nonetheless, it's your time and money and it is your prerogative to pursue any course of action you deem appropriate. Good luck.