Westgate sued over Portuguese language sales presentations

Imagine going to Brazil and hearing a sales pitch in English, getting a tour of a timeshare hotel in English — then being asked to sign a sales contract in Portuguese.

Most of us would hesitate, unless we were very proficient in Portuguese.

A new lawsuit against Orlando-based Westgate Resorts says the company lured Brazilian buyers with sales pitches in Portuguese, and then asked them to sign contracts in English.

The lawsuit is filed in Orlando federal court as a proposed class action with three Brazilian citizens named as plaintiffs. The suit seeks cancellation of timeshare contracts and other damages.

“We don’t know how many Brazilians bought under these conditions, but I would be shocked if it’s less than 6,000 or 7,000 people,” said Michael Finn, the Tampa attorney handling the case.

According to the suit, Westgate translated brochures, advertisements and other materials into Portuguese, but not its sales contract. The suit alleges the marketing campaigns were “designed to deceive consumers” and contained “deceptive and misleading representations.”

Kate Saft, an attorney who represents Westgate, said she thinks the lawsuit lacks merit, and the company intends to take all steps necessary to protect its legal interests.

“There is no legal requirement that contracts for the purchase and sale of timeshare interests be presented in any particular language other than English,” Saft she said in an email. “Legally, if a consumer signs a contract, they are presumed to understand the terms of the document regardless of whether or not they understand English.”

The three example plaintiffs in the case visited Orlando locations of Westgate in 2010 and 2012. They were asked what language they preferred their tour guides to speak, allegedly. Finn believes the alleged marketing tactics were used for years at Westgate.

The plaintiffs are Ricardo Beze Prates, Roxana Saade Diaz Granados and Fernando de Andrade. They were allegedly enticed to take tours with offers of discounted theme-park tickets.

A brochure attached to the lawsuit shows a brochure in Portuguese which bears Westgate’s logos and starts off with the words, Por que? Eu preciso disso …

That means, basically, “Why? I need it …” and accompanies a photo of a young family enjoying an idyllic outdoor scene.

Understanding English, or having a good translator or attorney who does, is paramount when doing business in the U.S., said another attorney who isn’t connected with the Westgate case.

“A lot of my clients do not speak English well enough to understand legal documents in English, so we always advise people to have their own attorney or to hire an interpreter,” said Catherine Henin-Clark, who is board certified in immigration law.

She said there are also big cultural differences at play when Brazilians visit the U.S.

“Brazilian people here can be gullible and vulnerable,” HeninClark said. “They tend to instantly trust people in the U.S. Brazilians are friendly, and base a lot of business on trust and handshakes … they have a faith in the American system and a strong desire to come here.”

Finn said Westgate has stopped marketing to Brazilians, now that their economy has faltered badly.

He acknowledges that people could have requested documents in Portuguese.

“It would have been smart to do that,” Finn said, “but these are trusting people.”