Westgate Resorts, Ltd. v. Reed Hein & Assoc., LLC, 2020
WL 674108, No: 6:18-cv-1088-Orl-31DCI (M.D. Fla. Feb. 11, 2020)

Yay, another time share exit opinion. As relevant here, the
court rejected the timeshare company’s Lanham Act claim because the allegedly false
advertising didn’t proximately cause the asserted harm (people stopping paying
their timeshare obligations). The identified false advertising statements included
that timeshare owners can exit their contracts for any reason; that defendant TET
has a 100 percent success rate; and that TET provides a money back guarantee. But
none of the identified statements “direct (or can reasonably be construed to
direct) timeshare owners to stop making payments.” Westgate didn’t argue that
the ads harmed its reputation, and it didn’t show proximate cause for the harm
it did allege.