Total Scam 3 day Rescission Law

Direct buy member relationship Jacky is very determine to keep the real workers hard earn money , she will defend Directbuy scamm to the end,all direct buy victims need to get toghether and prevent this scammers to continue on scamming,any help any ideas?,Scott Towel is the corporate brain of all this scamm at 8450 roadway Broadway merryll Ville Ind 46410.
For the victims of south Florida the Miami Show room is closed and Mike and Gale Eaton (previous Davie& Miami Owners)apparently no longer are Owners and the people from Miami can do anything about it,(Eaton's Where replaced to screw all the Miami Victims) the new owners for the Davie Store are Mark and Sylve Nadeau at the DirectBuy 6545 Nova Drive suite 200 Davie,Fl 33317 and basically they no longer care about the Miami customers and he replays on his letters,DirectBuy Clubs Are Franchised,and the location where you purchased your membership has unfortunately closed.In Bussiness that happens,they are such scammers.
Three Day Rescission Law
There is a common thread that links many "membership" businesses such as campground membership resorts, resort membership resale businesses, travel clubs, video dating services and some "business opportunities".

The consumer is sold a future service contract (membership) and told that they have three days in which to cancel.

Actually, where there is a statutory cancellation period, the statute allows the consumer to cancel within 3 (or 7 or 10 depending on the statute) without paying ANY damages whatsoever. The 3-day period is a "super remedy" that doesn't allow the business to keep any money. After three days, normal contract damage law still applies.

If the consumer hasn't caused $5,000 in damages, they are not obligated to pay a $5,000 sales price, or the business is not allowed to keep the full $5,000 if already paid. The business can only keep actual damages (for instance, the cost of a 1 hour sale pitch and a glossy brochure).

Many consumers are really beat up with this misrepresentation. Many state Assistant AGs, and at least one FTC attorney, has said that after three days, that's it, you lose everything.

Mark Fleming, a class action attorney from Seattle has yet to find a judge that agrees.

Leisure Time Resorts of America (now Thousand Trails), paid out over $1,000,000.00 in consumer refunds in a class action lawsuit he finished last year. LTRA said the consumer had to pay the full sales price whether the consumer wanted to keep the membership or not.

The judge disagreed and the consumers won.

The court ruled that a business that requires full forfeiture on a future services contract has engaged in a deceptive trade practice.

As a matter of common sense, the business has been relieved from performing years of membership services. Therefore, how can it be entitled to full payment?

Nor does it make sense for the business to argue that the consumer should be forced to remain a member against their will. Unfortunately, we are used to the concept of having to pay in full on a contract because we have driven the vehicle off the lot, taken the TV home, etc.

When "you have the goods," you pay the price. When it's a future services contract, you only pay the damages (if any).

It was discovered from reviewing financial statements that the campground membership industry considers its satisfied customers as "loss leaders." The profit is in the ones who are disgusted with misrepresentations made at the point of sale, or move, and simply walk away from their money because of the "no refund" language in the contract.

Fleming feels that one area that doesn't get enough press is the successful individual consumer lawsuit. If an individual sues, proves a deceptive trade practice, and gets their money back, nobody really knows.

Only appellate cases are reported so that other attorneys can find them, and a business is not likely to appeal and have everyone know that one of its business practices is deceptive.

Consumers are constantly "reinventing the wheel" when it comes to proving that a particular business practice is illegal. Many "traditionally suspect businesses" (membership sales, furnace installers, dating services, etc.) do not even show up to defend a lawsuit.

They will pound their chests until the day of trial and then not show.


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