Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
149 thoughts onWyndham Class Action Says Club Membership is Worthless
I don’t have enough time left on this earth to document all the bad experiences we have had with Club Wyndham.
We have owned timeshares since 1992 and are pretty familiar with the process. We enjoyed our experiences with other resorts as well as Interval International for exchanges. Four years ago we joined Club Wyndham. They throw around numbers and hundreds of thousand points to take you “anywhere in the World”. But, try to make an exchange and they are really not worth much unless you “upgrade”. Then the contract is written as a separate contract, not associated or combined with the original. Points were awarded separately, not enough to get any exchanges we needed, Salesperson who claimed to be a “Preachers Kid, wanted to be our new best friend, gave us his personal cell number and said he would take us out for breakfast the next day, but he vanished from the face of the earth.Phone number was bogas and never showed up for breakfast. Our first clue that Wyndham is NOT reputable, and it was just the beginning of the worst plan, the worst or non existent customer service and the biggest scam in Vacation ownership.
After my husband passed away, I was on my 1st trip with family. I was emphatic that I did not want to attend a “presentation”. I was told to “just fill out our survey” and we would get discount tickets for local sites, restaurants etc. At my meeting to fill out my quick 12 question survey, I was told that a new credit card was available that would give me better rewards. I agreed to get the new card and just had to stop down to sign the forms. When I went down, I was told that my last representative had to go out of town. (I was told earlier on a phone message from him that he had to take his baby to the hospital). Obviously all lies. I was handed off to someone else. I said is this when they bring out the big guns? She said, and I quote “I am the big gun”. She knew my situation, recently widowed, but proceeded to tell me I needed to upgrade my contract to “save on Maintenance charges” . Explained that they keep increasing each year and I would be responsible for them for the rest of my life and then my children would be responsible “in perpetuity”. I told her I would walk away, (I knew about Ovation), she said my good credit would be ruined. The light went on at that moment. The credit card application was a good way to access my credit records.
I was so upset I started the Ovation process, I walked away from a $22,000 investment, lost over 250,000 points. They also cancelled my RCI membership as well and 115,000 points were lost. Maybe this is the Master plan, take a lot of money, make life a living hell for members, then take it all back to sell to another unsuspecting victim
I don’t know if my circumstance applies. We bought shell vacation points in Hawaii, and Arizona. Windham got Shell to go under them now. We paid about $2,000.00 a year with Shell. Now that they fall under Windham we have to pay $4,000.00 a year. I am scared to think of what they will be next year. We have talked to them about giving the points back. They said we have to pay them off first. Then we have to pay them to take them back. Somebody needs to do something about Windham. They are screwing over the public and smiling at the same time. In my opinion they are feuding the people. There should be a huge investigation on there practices. When we were with Shell we bought enough points to get us to elite status. We had no problems booking reservations
Then when Windham got Shell to join with them. Our maintenance fees doubled, and we get told no availability. All we want is to be done with the crooks. Is there anything that can be done?
I thought the contract stated no class actions suits. How did you go about doing so/
Are there any other open class actions against Wyndham? This was the only one I could find but would not apply to me. I had to cancel 1 night of my stay due to extenuating circumstances. After I explained, the hotel agreed it qualifies as extenuating circumstances so they would allow me to cancel one night at no cost. They charged me anyway and then kept giving me the run around of “this is the department you want to call to fight it,” that department would say “we can’t help you, you have to call a different department,” and give me a different number and so on and so forth. I’m pretty confident I can’t be the only person they’re doing this to so I’m guessing they owe quite a number of people money
Please add me
I’m with Vacation village and would.like to start a class action suit. We paid 25k for 1 deeded week a year A and B unit they put.us on B side..we.pay maintenance fees and were told only owners could use property and its on Expedia and other travel sites. Anyone can call and make a reservation anytime they like
@S. Crumpton
As you are not an owner, this pending action does not include you.
Your beef is with Wyndham’s customer service.
@Maria McFarland
That’s not what’s being litigated here.
You won’t be eligible to participate as a claimant unless you are an owner at this location; your comment makes it sound like you just got suckered during a sales pitch hard-sell… that’s not a court case.
If you’re not a property owner, you’re not eligible.
This is completely separate from the Wyndham rewards program.
Add me please. Cannot Get rid of “Vacation Ownership”. Cant use it either. something needs to be done.