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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
We are very interested in joining this class action law suit in Texas. When we first purchased this in Nashville, we were sold on the benefit of use as a spur of the moment type of use for a quick weekend getaway and first class all the way. Our month maintenance fees are over 300.00 per month, and keeps going up. This is ridiculous. We were promised the world by the salesperson.
I would like to be a part of this class action suit. How do I sign up? I purchased a timeshare and it was the worst experience ever.
The first question is is it to late to get in on a class action law suit because everything in the previous statements above holds true for my wife and I. We can’t get any help from anyone at Wyndham that sold us our three packages. Yes I said three we went from Discovery to Silver to Gold all based on the sales pitch you get more bang for your buck. For example the Discovery package 2yrs to use the points but you can’t use them if there are no dates available for you to use if the dates are not available to you because you have a low package. Now you go to a resort and you listen to another sales and they show you how increasing your package would work better for you and all the benefits it comes with for example airfare and travel savings which are not true.
I would like to be added to a class action lawsuit. Since becoming a member with Wyndham, it has been a very unfortunate adventure.
Can never get a property for a vacation. Maintenance fees are insane, the monthly amounts are not what we were told at time of signing up for the upgrade. I want to cancel my contract and walk away from the financial avalanche of maintenace fees.
I am interested in joining this class action law suit. When we first purchased this, we were sold on the benefit of use as a spur of the moment type of use for a quick weekend getaway. That is definitely not the case. In fact, we can literally never get in to any of the resorts unless we schedule at least a year out. Then we have to try to beat every other good intended consumer trying to get into the same resorts. When my family asks to use one of the nearby resorts for a quick weekend getaway, I always have to put them on a wait list, but then guess what- nothing ever comes up, which is quite embarrassing.
Is it too late to become a part of this lawsuit?
Please add me.
The vacation planning system is scammed. I logon to plan a vacation within the allowed time period. I make sure I am requesting time immediately when the system is available at 6AM PDT. When submitting the request I get a “system error” response and have to repeat the lengthy request process. Using a different method, I can see availability for one bedroom units only, leading me to believe they are corralling the better units to rent to non members, This group has oversold properties.
Please add me to the class action lawsuit. I’ve found that the information I was given regarding the use of the Barclay credit card to avoid maintenance fees was incorrect. If after $6,000 you still get hit with maintenance fees, something is terribly wrong. And then anytime you try to book a vacation…to be told there’s nothing available or that you have to book at least 3 months in advance does not fly for me. Plus my financial situation has changed, so I can’t afford it anymore anyway, but from what I am hearing from everyone else, I’m experiencing some of the same.
We are in the beginning process with a law firm to get out of our Worldmark by Wyndam time share. Any advise? Your story sounds very similar to what me and my wife experienced.