ARDA and ARDA-ROC Works Against Bill Affecting Existing, Current and Future Timeshare Contracts (HB 884)

2016-04-22

Issue Brief

HB 884 was filed by Rep. Tim Briggs in April 2015 in response to unscrupulous activities by certain vacation/travel clubs in the state.

Instead of addressing travel/vacation clubs, the bill provides that the timeshare provisions of Title 68 of the Pennsylvania Consolidated Statutes may not be modified by agreement, and rights the conferred by the law, such as the right to cancel, may not be waived. Furthermore, the bill grants courts the right to invalidate, refuse to enforce, or limit the application of any timeshare contract that is deemed “unconscionable". 

Impact

HB 884 attempts to regulate travel clubs by unnecessarily amending the timeshare provisions of Title 68 (Real and Personal Property) which are unrelated to travel clubs. The bill also lacks a clear definition of what “unconscionable contract” should be, which could affect current and future valid sales contracts. 

Position/Call to Action

ARDA and ARDA-ROC have always supported consumer protection legislation. However, we oppose this bill, because it does not achieve the purpose of consumer protection and unnecessarily targets timeshare. 

Issue Updates

The bill was referred to the House Consumer Affairs Committee where it is expected to stay through the end of session. ARDA reached out to Rep. Briggs and expressed its concerns and opposition to the bill. We stressed the difference between timeshares and vacation/travel clubs as well as suggested that the activities that he seeks to prevent be handled through existing Unfair Trade Practices laws. Rep. Briggs understands HB 884 will not achieve its purpose as drafted. ARDA and ARDA-ROC will continue to monitor this bill through the end of session. 

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