FORT MYERS — A Lee County senior citizen is suing Florida credit company, alleging it obtained profit through unfair or deceptive trade or commerce.
David Robinson, 76, filed a lawsuit Nov. 30 in U.S. District Court for the Middle District of Florida against
American Consumer Credit LLC and John Does 1-15,
alleging violation of the Federal Credit Repair Organizations Act, violation of the Florida Credit Service Organizations Act, violation of the Telemarketing and Consumer Fraud and Abuse Prevention Act, violation of the Florida Deceptive and Unfair Trade Practices Act, breach of contract, breach of express warranty, civil conspiracy, fraud, negligent misrepresentation and unjust enrichment.
According to the complaint, Robinson, who has limited finances, made an ill-advised decision to buy a timeshare of Avalon Resorts in Cancun, Mexico. The suit says despite his best efforts, he was burdened by maintenance costs and other fees associated with the timeshare that have dramatically increased over the years.
The lawsuit states in an effort to eliminate his timeshare interest, Robinson was enticed by American Consumer Credit to pay $1,800 as credit services to eliminate his timeshare as facilitated by the defendant's licensed attorney, and that a money-back guarantee would be honored in case the defendants were unable to eliminate plaintiff's timeshare interest.
The suit states the defendants did not provide any evidence to Robinson that any work had been performed on his behalf and they have refused to refund the plaintiff without good cause or justification.
The plaintiff alleges the defendants failed to provide a prior written statement advising Robinson of his rights as a consumer, failed to provide the required cancellation form, and failed to refund the plaintiff the amount paid as a credit repair organization.
Robinson seeks trial by jury, a civil penalty of up to $15,000, injunctive relief against further violations, actual, compensatory and punitive damages, costs, attorney fees and all further relief as justice requires. He is represented by attorney Robert W. Murphy of Law Offices of Fort Lauderdale.
U.S. District Court for the Middle District of Florida Case number 16-cv-00857