Florida Condo Owners’ Home Away From Home Lawsuit
HomeAway is currently facing a class action lawsuit regarding its entire home rental program. Under the proposed claims, HomeAway is going to pay out refunds to customers who spent more on a HomeAway Premium subscription than they were supposed to.
A class-action lawsuit like this is generally bad news for anyone involved in any business, but especially so for the plaintiff’s attorneys who usually end up having to foot the bill. However, if you are interested in learning more about this exciting lawsuit and whether or not it has merit, then read on.
Homeaway Class Action Lawsuit
The plaintiff in the case is suing HomeAway over claims that the business tricked its subscribers into buying additional subscriptions when they didn’t actually need them. In fact, the plaintiffs claim that the amount of the monthly fee charged was greater than the value of the subscription.
According to the complaint, the defendants knew that the majority of its subscribers did not need additional subscriptions, yet they still charged them. This class action lawsuit raises questions as to whether or not other similar companies exist which could be susceptible to similar actions from the plaintiffs.
Also included in the suit is a claim that the defendants violated the FDCPA when they allegedly told a customer service representative that a HomeAway property owner would be coming by to collect the delinquent rent.
According to the complaint, the representatives also allegedly told the customer service representative that the property owner was “not likely” to pay the delinquent rent. The plaintiffs claim that the statements constitute fraud and breach of contract, since the defendant is supposed to have a duty to inform the customer that it will be collecting rents.
The class action lawsuit also claims that the defendants did not have a direct relationship with the customer service representative who allegedly told the tenant that the property owner was going to be collecting rent. The plaintiffs are asking for damages on this breach of fiduciary duty claim.
In addition to the class action lawsuit, the plaintiffs also filed a tort suit against the defendants, charging them with violating the Florida Condominium Improvement Act.
The complaint claims that the defendants failed to give notice of its purchase of the HomeAway vacation property that it subsequently sold to the homeowner, failing to disclose the fact that the vacation home was one which was “in bad condition” and that the property owner had to pay a large maintenance bill.
The plaintiffs further claim that defendant did not have any right to sell the vacation home to the property owner because it was “in poor condition.” Additionally, the plaintiffs charge that defendant failed to have a right to enter into a contract with the property owner. The complaint further claims that this breach of fiduciary duty and class action violation has caused injuries to the plaintiff and her spouse.
The Florida Condominium Improvement Act, like many other similar statutes around the country, provide tenants with a right to void any transaction that they believe to be fraudulent.
According to the complaint, the defendants failed to give notice of its purchase of the HomeAway vacation property that it subsequently sold to the plaintiff, failing to have a right to enter into a contract with the plaintiff or her spouse and failing to have a fiduciary duty to the plaintiff and her spouse. The plaintiffs further allege that this breach of fiduciary duty and class action lawsuit violation has caused injuries to the plaintiff and her spouse. It is important to remember, however, that Florida is a “frivolous and irrelevant” law. “Frivolous and irrelevant” laws are not a part of the Florida statute books.
As in any class action lawsuit, once the class has been accepted and the litigation commenced, each of the defendants is required to reimburse each of its plaintiffs individually for their reasonable attorney fees.
Assuming for purposes of simplicity, if one of the defendants had already given its written promise to reimburse the plaintiff, that defendant would be considered to have fulfilled its duty under the Florida Condominium Improvement Act as well as its duty to the general public in this case. It is also of the utmost importance in any such instance to remember that if this class action lawsuit is allowed to continue past the statute of limitations in Florida, the plaintiff may be liable for damages even after the expiration of the statute of limitations. The same thing holds true if the case is allowed to go to trial.
