Wesley Financial Group, owned by Chuck McDowell, allegedly offers services to timeshare owners with the promise of helping them cancel their timeshare agreements in exchange for a hefty upfront fee. Wesley Financial Group is currently under scrutiny for its practices by a Federal Court in Nashville that found that its operations violate the Tennessee Consumer Protection Act. The following breakdown is a comprehensive review of the court’s decision and subsequent findings in this recent case.
Federal Court Decision:
On Aug. 9, 2023, in Case No. 3:20-cv-00599, a Federal Court in Nashville delivered a Partial Summary Judgment regarding Wesley Financial Group. The court's findings were as follows:
Nonexistent Service: The court determined that Wesley Financial Group's alleged services to legally cancel Westgate timeshares does not exist, as not a single Westgate timeshare owner's timeshare had been legally canceled through Wesley Financial's efforts.
Unauthorized Practice of Law: Wesley Financial representatives, who are not licensed attorneys, were found to have engaged in the unauthorized practice of law. The court found that this practice misled customers into believing that Wesley Financial was legally canceling their timeshares, which, as mentioned earlier, was not actually the case. Such actions were deemed harmful to consumers and violated consumer protection laws.
Encouraging Default on Payments: Instead of legally canceling timeshares, Wesley Financial encouraged its customers to default on their timeshare payments. This practice harms consumers and runs afoul of consumer protection laws.
Misleading Credit Repair Promises: To encourage payment default, Wesley Financial promised credit repair assistance services to customers who stopped making payments to Westgate. However, the court found that Wesley Financial’s promises violated consumer protection laws.
False Affidavits: Wesley Financial was found to have encouraged its customers to sign false affidavits —which the court discovered that Wesley Financial likely knew about, which amounted to perjury.
Key Takeaways: This situation highlights the importance of consumers being cautious when engaging with alleged timeshare cancellation or exit services. It's essential to research and understand the services offered thoroughly, verify the legitimacy of claims made, and always consult with your resort developer or Home Owners Association when it comes to decisions regarding your ownership. Consumer protection laws exist to safeguard the rights and interests of consumers, and individuals should be aware of their rights when entering into any contractual agreement.
In conclusion, while this announcement discusses the recent Federal Court findings related to Wesley Financial Group, it serves as an educational reminder to consumers about the importance of due diligence and understanding their rights when engaging with exit companies. Consumer protection laws are vital in ensuring fair and transparent business practices.
To learn more about how to protect yourself against the online proliferation of risky timeshare “exit” companies, learn all about what timeshare attorney’s don’t tell their clients or reach out to us at 800-351-0461, Monday through Friday from 9 a.m. to 5 p.m. Eastern Standard Time (EST) for assistance if you’ve been the target of a timeshare exit scam reaching out to you by phone or email.