ConsumerLitigationNews & Announcements

Ayala Defeats Defendant’s Motion to Force Its Client Into Arbitration of Contract Allegedly Induced by Fraud and Duress

By August 3, 2020 No Comments

After two contentious hearings, Ayala was able to defeat Exclusive Residence’s (ER) Motion to force Ayala’s client into an expensive, time consuming arbitration process.

Ayala filed the lawsuit against ER, a timeshare seller, back in October 2019 alleging that through deceptive, well-planned methods, ER targets innocent consumers (mostly foreigners) to sell them a phony vacation package with the single goal of getting consumers to agree to a mandatory five-hours plus “timeshare presentation.” At the “time share presentation” consumers are worked through innumerous speeches, and given food and alcohol. The long presentations keep a single purpose: to get consumers to sign a timeshare contract Exclusive Residences knows most consumers can’t afford.

The Order denying the Motion to Arbitrate means that the case, filed as a class action, now moves towards class certification and trial.

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