This bill seeks to prohibit the solicitation of high-value Timeshare transactions ($2,500 or more) during a consumer's vacation or travel outside their home jurisdiction and to establish mandatory consumer protection measures for agreements entered into under such conditions. The legislation aims to prevent high-pressure sales tactics that exploit consumers while they are in an unfamiliar environment, detached from their usual routines, and less equipped to critically evaluate legal agreements without licensed real-estate representative. It also addresses challenges such as travel delays, limited access to legal counsel, and restricted business hours—especially since most vacations occur during weekends or holidays when businesses and legal resources are less available. 

I am one among the millions of Americans who have been unfairly targeted to purchase timeshares during vacation and travel periods, resulting in enduring emotional distress and significant financial hardship. High-value agreements are often made without licensed agent representation or a fair amount of time to critically review the agreements. This leads many ordinary people into irreversible contracts that cause significant financial harm, especially with large Timeshare companies like Marriott. 

The goal of this petition is to ensure legislation is passed to prohibit these high-pressure sales practices that take advantage of consumers out of their home jurisdiction. It is when we are detached from our typical environment and routines that we are less equipped to critically evaluate such binding legal agreements. In 2016, The American Resort Development Association reported that timeshare sales had risen to an extraordinary 9.2 billion U.S. dollars. Yet, Federal Trade Commission's Sentinel Network reported 1,100 timeshare complaints in the same year, highlighting that there's an urgent need to protect consumers from such intense sales environment.

FINDINGS

Unfair Advantage & Psychological Vulnerability:

• Consumers are more likely to make impulsive financial decisions while on vacation, influenced by temporary emotions, high-pressure sales tactics, and a desire to maintain a positive travel experience.
• The absence of immediate access to legal counsel or financial advisors makes it difficult for consumers to make fully informed decisions.

Obstruction of Rescission Rights Due to Travel Limitations:

• Many timeshare and vacation ownership agreements are signed on a Friday or before a weekend, limiting a consumer’s ability to contact the seller before returning home.
•  Under Florida Statute § 721.07(6), the rescission period begins only after all required documents have been provided. However, in many cases, consumers do not review contracts immediately during travel, delaying their ability to review or cancel the agreement.
• Travel delays, flight cancellations, time zone differences, and force majeure events may prevent consumers from reviewing their contracts within the statutory rescission period.

Consumer Right to Review Contracts in a Stable Environment:

• A consumer’s ability to thoroughly review legal and financial obligations is significantly impaired while traveling.
•  Consumers should have the right to review all contractual terms in their home jurisdiction, in a familiar environment, with the ability to consult legal and financial professionals before making a commitment.

PROPOSED LEGISLATION

PROHIBITION ON SOLICITATION DURING VACATION OR TRAVEL

• Ban on High-Value Sales Presentations During Vacation Stay: Rulemaking Petition
• Developers and sales entities shall be prohibited from soliciting consumers at check-in or at any point during their stay. Solicitation may only occur at the time of guest departure at the front desk, ensuring that consumers are not pressured into high-value financial transactions ($2,500 or higher) while on vacation or traveling outside their home jurisdiction.
• This prohibition applies to, but is not limited to, timeshare sales, vacation club memberships, and real estate purchases marketed as investment opportunities.

Sales Presentations Only Permitted After Return Home:

• All presentations and contract signings must be scheduled only after the consumer returns to their home jurisdiction, ensuring the opportunity for informed decision-making.
• Sales presentations must not be scheduled or initiated during hotel or resort check-in. Any solicitation must occur only at the end of the consumer’s vacation (check-out time) to avoid interference with the limited time pressure sales tactics purpose of the trip.

EXTENDED RESCISSION PERIOD FOR PURCHASES MADE DURING TRAVEL

Rescission Period Begins Upon Return Home:

• For any contract signed while the consumer is traveling outside of home jurisdiction, the statutory rescission period shall begin only upon their return to their home jurisdiction and extend for a minimum of ten (10) business days thereafter.
• Mandatory Contract Delivery Confirmation:
  • If a seller claims to have delivered a fully executed copy of the contract directly to the consumer, to a hotel front desk, or via email, the consumer must confirm receipt in writing on a separate, dated, and signed acknowledgment form, not part of the contract attachment that was signed during actual execution of the contract. This form must clearly state the rescission period start date, ensuring the consumer understands when their right to cancel begins.

 Mandatory recording or transcription of sales presentations:

• To enhance transparency and consumer protection, all timeshare or high-value sales presentations conducted must be either transcribed by a third-party service or recorded in full for quality assurance.
• Such records shall be securely maintained for a minimum of three (3) years and made available upon request by regulatory authorities, consumers disputing transactions, or legal representatives. This practice will ensure accountability, verify compliance with consumer protection laws, and provide an objective record of all representations made during the sales process.
  • Consumers must be given a fair and reasonable amount of time to thoroughly review the contents of the contract and all related documents, ensuring that all required disclosures and supporting materials are present before confirming the acknowledgement receipt form in writing.
  • Sales agent must read word of word to the consumer: "You are signing this agreement while away from your permanent residence. Under consumer protection laws, you may have extended rescission rights. Please review all terms carefully and consider consulting a financial or legal professional before proceeding."

This legislation aims to protect consumers from high-pressure sales tactics while traveling, ensuring they have adequate time and opportunity to review high-value contracts before making irreversible commitments. By prohibiting solicitation during vacations, requiring extended rescission periods, and enforcing stricter consumer protections, this bill will prevent exploitative financial transactions that take advantage of consumers while they are in an altered state of mind due to travel, limited time for decision making, without licensed agent representation. We respectfully urge Congress and state legislatures to enact these protections to promote fair business practices and ensure consumers are treated equitably when making significant financial decisions outside their home jurisdiction.