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  Branson Timeshare Fraud Case Reaches Settlement

Timeshare consumer advocates everywhere have reason to applaud Missouri Attorney General Jay Nixon, who won a lawsuit against the North Carolina company Festiva Resorts, LLC. Festiva had allegedly used false and misleading sales tactics to sell timeshares at the Cabins at Green Mountain near Branson, Missouri. A voluntary compliance assurance was also signed stipulating that the business halt violations of state consumer protection laws.

According to the lawsuit, Festiva Resorts had promised the following without ever delivering the services in question:

* Promised to help customers sell other timeshares they owned.
* Promised to help customers rent out timeshares they bought from Festiva.
* Promised to help customers get good deals on condo rentals in attractive locations.
* Promised to help customers get good deals on vacation packages.
* Promised to give refunds to those dissatisfied with their purchase.

The lawsuit also claimed that Festiva did not provide consumer with the typical "cooling off" period that is now legally associated with the timeshare industry. Instead, the company created a high pressure sales environment.

According to the current agreement, Festiva will additionally be required to pay a total of $324,393 in restitution to consumers, including $106,885 to consumers who have unresolved complaints on file with the Attorney General's Office and who have used their timeshare at least once. Payments to consumers who have unresolved complaints on file with the Attorney General's Office prior to June 25 and who have never used their timeshare equal $217,508.

Festiva will also pay a civil penalty of $5,000 as part of today's agreement, and $10,000 to the state to pay for the costs of the investigation and enforcement of the case.

If you believe you may be a victim of Festiva fraud, we urge you to contact the BBB and the appropriate authorities.

Please visit the Missouri Attorney General's Office here, or call below.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).