What Is This Lawsuit About?

Plaintiffs Norman Zwicky, George Abarca, Vikki Osborn, and Elizabeth Stryks-Shaw allege that defendants misrepresented how much they would have to pay in annual fees (also called “Assessments”) for timeshare interests they purchased. Defendants denied all allegations and asserted numerous defenses. Some of the defendants’ defenses were resolved by the Court, resulting in the dismissal of certain defendants. The remaining defendants are Diamond Resorts International, Inc. (“DRI”), Diamond Resorts Management, Inc. (“DRM”), Troy Magdos and Kathy Wheeler (collectively “the Defendants”). The Court has not decided who is right or wrong. Instead, Plaintiffs and Defendants agreed to a Settlement to avoid the cost, risk, and delay of litigation, and the uncertainty of trial. Defendants continue to maintain they did nothing wrong.

Who Is In The Settlement Class?

If you are a current or former member of the Premiere Vacation Collection Owners Association, Inc. (the “Association”) who was assessed Assessments for any Calendar year(s) from 2011 through and including 2022 (the “Class Period”), you could be a Class Member. 

What Does The Settlement Provide?

The Settlement provides for the establishment of a Settlement Fund of $13,000,000.00 to pay Settlement Class Member Payments, Settlement Administration Costs, any attorneys’ fees and litigation expenses awarded by the Court (25% of the Settlement Amount, a total of $3,250,000.00), Service Awards ordered by the Court ($10,000 to Plaintiff Zwicky and $1,500 each to the remaining three Plaintiffs), and any cy pres payment due under the Settlement. The amount of payment to Class Members who did not exclude themselves will depend on the number of Points owned in the Association during the Class Period and how many Class Members elected to be excluded from the Class. If you received a Notice, you did not need to file a claim to receive the Settlement payment.

Defendants have also agreed to adopt certain standards governing future dealings with the Association and its Members. These non-monetary benefits will benefit all current members of the Association, even those members who chose to exclude themselves form the Settlement.