Attorney General's News Release

November 28, 2005

Nixon sues Branson timeshare broker for high-pressure and misleading sales tactics

Jefferson City, Mo. — Alleging high-pressure and misleading sales tactics, Attorney General Jay Nixon is suing Festiva Resorts L.L.C., which sells timeshares at the Cabins at Green Mountain, located in Branson.

In a suit filed in Taney County Circuit Court, Nixon says Festiva violated Missouri consumer protection laws by misleading customers into buying timeshares. The lawsuit alleges Festiva lured consumers by falsely promising to:

• Help them sell other timeshares they owned.
• Help them rent out timeshares they bought from Festiva.
• Help them get good deals on condo rentals in attractive locations.
• Help them get good deals on vacation packages.
• Give refunds to those dissatisfied with their purchase.

Nixon also says Festiva didn't give consumers enough time to make decisions, creating a sense of urgency and a high-pressure sales environment.

"Consumers buy vacation property because they want a place to relax. For these consumers, Festiva delivered anything but that," Nixon said. "Branson is one of the nation's most popular tourist destinations, and I want to keep it that way. This kind of lawsuit is intended to punish those who give Branson a bad name and put other abusers on notice that we're watching them."

In the lawsuit, Nixon is asking the court to order Festiva to refund more than $200,000 to consumers who were misled into buying timeshares from the company. The lawsuit also seeks preliminary and permanent injunctions, fines of up to $1,000 per violation of the law and reimbursement to the state for its investigative and legal costs.

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