Section 1 Short title
This Act may be cited as the “Timeshare Transparency Act”.
Timeshare Transparency Act
A BILL
To establish requirements with respect to the sale of timeshares to improve acquisition transparency, and for other purposes.
Sec. 2 Timeshare acquisition transparency
In general— It shall be unlawful for a timeshare company and an individual to enter into a timeshare agreement for the sale of a timeshare unless—
such agreement incorporates—
in a single document, an itemized specification of all the costs required to acquire and maintain ownership of the timeshare, including ongoing fees;
a specification of each fee that may be altered by the timeshare company and an explanation of the notice, including the timing of such notice, that will be provided to the individual with respect to an alteration of each such fee;
a specification of each option available to the individual for ending ownership of the timeshare; and
a provision stating that the individual may terminate the agreement, without penalty, during the 14-day period beginning on the date on which such individual enters into such agreement; and
the individual, prior to entering into the agreement and free from the supervision of an employee of the timeshare company, is provided an opportunity to review all documents associated with the agreement, including documents containing the specifications and provisions described in paragraph (1).
Enforcement by Federal Trade Commission—
Unfair or deceptive acts or practice— A violation of subsection (a) or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
Powers of the Commission—
In general— The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
Privileges and immunities— Any person who violates subsection (a) or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
Authority preserved— Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
Rulemaking— The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section.
Applicability— Subsection (a) shall apply to agreements entered into on or after the date that is 90 days after the date of the enactment of this Act.
Rule of construction— Nothing in this section may be interpreted to preclude a State from imposing or enforcing any requirement relating to the sale of a timeshare that provides greater protection to consumers than the protection provided by the requirements of this section.
Definitions— In this section:
Commission— The term Commission means the Federal Trade Commission.
Timeshare— The term timeshare means an interest purchased in any arrangement, plan, scheme, or similar device (not including any exchange program), whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives a right to use accommodations, facilities, or recreational sites, whether improved or unimproved, for a specific period of time less than 1 full year during any given year, but not necessarily for consecutive years, and which extends for a period of more than 3 years.
Timeshare company— The term timeshare company means any person that sells, offers, arranges, or otherwise engages in the business of providing a timeshare to a consumer, directly or indirectly, for monetary consideration.