There are several inaccuracies represented in that Orlando Sentinel article. For one thing, the family in the lawsuit supposedly has their home resort at Fairfield Smoky Mountains in Gatlinburg. This resort is really located in Sevierville, not in Gatlinburg. Minor perhaps, but careless.
Next, the article identifies the family in the lawsuit as having a fee-simple ownership, which is described as one week per year for life. Yet this home resort has
never been sold in weeks,
only in points. It's not a "mixed ownership" resort. That family is no more guaranteed a week of their choice at their home resort than a
DVC member is guaranteed an annual Christmas week at their DVC home resort.
Thirdly, the family claims they could never book a vacation (weekend?) at their home resort. This resort is quite popular with FF owners and much of the year is "prime season." During prime season, one may only book a
3-night, 4-night or 7 night reservation, until 3 months before check-in when all availability becomes nightly/open. By that time, it's usually booked solid.
For the more popular resorts, FF limits prime season reservations to 3-, 4- or 7-nights in order to minimize the number of single night vacancies while owners are denied their longer stay requests. So
if this family has requested
2-night weekend reservations, the computers have denied their requests, stating that no such reservation is available. That would be a sad, unfortunate misunderstanding of how their FF points system works, but entirely possible.
If this family read their FF Member Directory, the reservation process is explained quite clearly and simply in one page with a chart on the opposite page. However, I find that most owners have never opened their book.
Frankly, the fact that the attorney has been quoted with information contradictory to what I've shared above suggests to me that he has not yet read the directory either before going ahead with a press statement. He also has implied that over-selling "may have" occurred. But nothing in the article gives any reason why he'd say this, other than this family's disappointment (and apparent lack of understanding) in their ownership. It's really a shame.
Considering
how this likely happened, IMHO, I would dare say that, yes, the same thing could happen with DVC. DVC could indeed have owners who don't understand how to properly use their points, become disillusioned and frustrated enough and start a lawsuit over it, with a possible hope of discovering something amiss in the sales process, like overselling the points. JMHO - not a factual nor authoritative argument.