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A recent class action lawsuit claims that Wyndham takes advantage of property owners at an Arkansas resort.
Wyndham has reportedly been selling real property lots located in the Fairfield Bay Ozark Mountain Lake Resort & Community for at least 45 years.
According to the area’s website, Fairfield Bay is an “outdoor lover’s paradise.”
The amenities at the resort are reportedly comparable to a “five-star resort” and the community is described as “active, engaging, versatile, and accomplished.”
However, individuals who purchase property within the resort community are taken advantage of by deceptive club fees, the Wyndham class action lawsuit states.
Upon purchasing property in the resort community, consumers are allegedly required to join a “club” that involves a monthly fee of $30. Individuals who join the club reportedly “shall be entitled to the rights, privileges, and benefits of a member.”
However, plaintiff Gordon Jackson claims that there are actually no benefits in joining the club. Instead, Wyndham allegedly takes advantage of consumers by forcing them to join a club with literally no benefits.
“Class members pay monthly assessments and receive absolutely nothing of value for their money,” the Wyndham class action lawsuit claims. “When they ask to withdraw from club membership, they are threatened with ruination of their credit rating if they try.”
Jackson estimates that Wyndham may have made millions of dollars from this deceptive practice. With around 300 lots in the Fairfield Bay Ozark Mountain Lake Resort, an average ownership of 30 years, and an average assessment charge of $30 per month, Jackson calculates that Wyndham has collected $3.24 million in club fees.
Additionally, Wyndham reportedly promised various improvements to roads, water, electricity, and other utilities when showing properties to consumers, but these improvements were never made.
Jackson argues that he and other consumers made their purchasing decisions based on these claims by Wyndham. Instead of using the club fees to make improvements, Wyndham reportedly hoarded the money instead where it would not benefit property owners.
The Wyndham resort class action lawsuit claims that Wyndham violates their fiduciary duty to property owners, a relationship that was reportedly created when the property company collected money from consumers and held it “for the benefit of” property owners.
Jackson also claims that Wyndham’s actions constitute unjust enrichment, constructive fraud, and common law fraud.
“Since the time of sale of the lots at the Resort until this date, the fraud by Defendant is continuing in that none of the promised improvements have been made,” the Wyndham class action claims. “The Plaintiff and the Class members continue to be prevented from enjoying and occupying their lots at the Resort.”
Jackson seeks to represent a Class of individuals who purchased real property at in the Fairfield Bay Ozark Mountain Lake Resort & Community and who paid assessments to Wyndham.
The Wyndham class action lawsuit seeks compensatory damages, restitution, actual damages, interest, court costs, and attorneys’ fees.
Jackson and the proposed Class are represented by William P. Creasman of Carney Bates & Pulliam PLLC.
The Wyndham Resort Club Fees Class Action Lawsuit is Jackson v. Wyndham Destinations Inc., Case No. 71CV-19-36, in the Circuit Court of Van Buren County, Arkansas.
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149 thoughts onWyndham Class Action Says Club Membership is Worthless
Please add me to this lawsuit
I would like to know how to quit paying these useless fees also. There is NO benefit to owning a lot there
Have a Lot and would like to join suit
Add me
Add you where?
On November 23, 2019 we attended a 2-hour timeshare presentation in exchange for a 4 day/3-night vacation. Upon arriving at the presentation location in Napa, Ca we were assigned to a sales person, Mary whom we came to find was new to the company, who took us to her workstation and proceeded to ask questions of our vacationing habits (number of days spent, preference of locations and how much typically spent for accommodations etc.). We expressed that we like to go to San Diego and Los Angeles for vacations. We then were taken to the presentation room where each table of couples was asked a series of questions introducing where they were from and why they want to vacation.
After the presentation we were met back up with our salesperson Mary and brought back to her workstation. After some time of talking with Mary, then Frank was introduced to us. Frank was much more familiar with the sales pitch and jumped right in telling us about the timeshare features. They advised they could not tell us how much the time share would cost without running a credit check. We advised that we needed to some time to think about if this was a good purchase or not, they were high pressuring and said that if we left that the offer would not be available again. Eventually we agreed to have one credit report ran. The results provided three different timeshare plans: 150,000 points, 200,000 points and the last one was not discussed. Frank strongly recommended the 200,000 as the 150,000 would not be enough. In addition to the 200,000 points given yearly every January, we were given 300,000 bonus points to be used within the first two years, an RCI 7-day vacation and $1650
During the sales pitch discussions with Mary and Frank there were many details that were not disclosed as we came to know after the fact.
Things promised:
Conversion of Points: We were advised we could convert resort points to hotel points.
Club owner points: 200,000 points could be used in exchange for about 4-5 weeks of vacation time (resorts/hotels)
Cancellation: Simply call Ovations. Cancellation could be done at any time. However, we must give Wyndham the first opportunity to buy the timeshare rather that us seeking a third party to sell to.
Credit Card: Wyndham rewards credit card points could be accrued if you used the credit card at the hotels for incidentals 3x-10x points accrual
Actually:
The 200,000 club owner points can be converted to hotel points, however there is an 80,000-transfer limit. And, 1000 club points are equal to 400 hotel points. In addition, there is a transfer fee of $99. After looking online, most hotels average 15,000 per night so this is only 5.3 hotel nights per year.
200,000 club points would only be equivalent to only 6 days in San Diego at the Harbour Lights Resort. There are no resorts available in Los Angeles.
When asking about cancellations we were told we just needed to call Ovations. We found out there was only 7 days to rescind, they did not disclose this information at all after asking them several times on 11/23. If we wanted to sell the timeshare, we found out that it would require paying off the loan completely before having the ability to sell back to Wyndham
Wyndham rewards credit card points do not accrue for just having your card held for incidentals. You would have to book the room paying with your credit card (not points) in order to accrue any points
We were not given the opportunity to review any of the agreements during this time. When we were brought into the Quality Assurance office, we met Gwendolyn. We were advised that DocuSign would be used to sign documents. Using her computer, she would navigate through the documents while providing a high-level overview of the forms and we would only be allowed touch the mouse when instructed to sign. A single contract form was printed while all other documents were provided on a flash drive and flash drive did not have the actual contract agreement and it was thanks giving vacation time, I started googling and realized and asked for full agreement, Gwen was on vacation, the support rep emailed me saying it will take a week and the link to download the agreement expired, wow Wyndham., and they charged me 4,600 dollar already through Barclays Wyndham rewards, after disputing several times, still Barclays charged me the money, and Wyndham is ruining credit history now. please help me.
I did not use any of their vacations, will never use it and would like to exit, but they are ruining my credit, please help me.
Thank you,
I am going through the same. I filed a lawsuit vs. Wyndham and it is in litigation now. What are you doing?
Hi John we should all come together to file a lawsuit create a group in Facebook and let’s all gather all the Wyndham owners that hooked up to this bad deal
Please add our family to the lawsuit. My wife’s grandfather purchased property in 1972 and is still paying dues on property that cannot be developed. He has tried to repeatedly get out of this “scam” with no success.
please add me to lawsuit.
Please add me to the class action. I have been a member and lot owner at Fairfield Bay Arkansas for over 20 years and paying the monthly fee of $38.00. It was determined that I could not sell or build on the lot because of utility issues. I was told by Fairfield that I could not terminate the monthly fee. I’m 74 and on a fixed income. Please help!!
Hi Bart email or call the lawyers office and let them know you want to be a part of this lawsuit from the land sold in fairfield bay. I did so.
Any news from them?
I have had my timeshare since 1999. I started with the minimum points of 6000 which were on a contract. At that point it was run by Trend West. The staff and the availability was worth being member then. My wife added 7000 points that she bought from a co worker who was tired of never being able to get a room on her time off from work. Of course we had to pay for adding the points and transfers. Then TrendWest sold out to WorldMark by Wyndham and the real trouble started. I would not be surprised at all to find that their sales tactics are procured from the Mob. They like to use the term concierge. Which is in fact supposed to be a person who helps by carrying your luggage to your room, ect… But I have found that they won’t even give you the key to your room unless you agree to another high pressure lock the door behind you sales pitch. Long Beach, Wash. is the worst. But recently on a trip Nov.2019 I took my wife to Leavenworth, Wash. to celebrate our anniversary. I had a shoulder surgery that had become infected and was in line for a revision surgery and was also in extreme pain. I just wanted my key so I could rest and ice my shoulder after driving 250 miles to get there. They wouldn’t give me my keys unless I agree to go to another sales threat. The word NO was not understood for half an hour. And then when the young and pushy sales rep followed me out and continued at me to my vehicle I was really ready to turn at cause pain on him. I know there are alot of you out there who can relate to this. I am sick of it and I don’t know if I should call the local police and file harrassment charges or go OLD School medieval on them. I’m there to relax. I didn’t drive there to be harrassed and pressured. I’ve saved the notes left on our car and even pushed under our door late at night. I don’t want to buy more points. I want out before they push me into doing something I’ll regret. I met an elderly couple who,s key didn’t work. And on his FOUR trips to the front counter to keep trying to get a working key to his room his wife told me that they finally gave in during their last visit ( which was Long Beach, Wash. too) and bought another 6000 points that they didn’t want or couldn’t afford just so that the staff would leave them alone. So YES I WANT. O U T.
I paid $3000 for a Wyndham timeshare at Fairfield Harbor in North Carolina. I’ve tried for years to get rid of it: Fidelity Real Estate, Redweek and eBay. When I had a lawyer write a letter asking to get out they refused to talk to me. Last week I got a call from the people at Fairfield Harbor and offered to take back my timeshare for $3,750 and another years worth of point for a total of $5,000. When I showed my lawyer the agreement they wanted me to sign there was “commitment” to take it back. They offered to assist me. Lawyer said don’t sign. Any class actions against Fairfield Harbor? I’m planning to stop paying maintenance fees altogether if they won’t let me out.
add me as well Please contact me I have some things in writing and I even have one of the voice conversations with one of the Owner Care senior specialist