Wyndham Shouldn’t Escape Resort Fees Class Action, Customer Says

A customer turned plaintiff is defending his resort fees class action claims against two Wyndham hotel companies, arguing that a recent high court decision does not invalidate his allegations.

Plaintiff Thomas Luca Jr. recently responded to Wyndham’s motion for judgement, claiming that he qualifies as a consumer damaged by their violations under New Jersey’s Truth in Consumer Contract, Warranty, and Notice Act (TCCWNA).

Wyndham challenged Luca’s claims under the TCCWNA based on a recent high court decision in Spade v. Select Comfort Corp. where the New Jersey Supreme Court maintained that a plaintiff has to experience adverse consequences as a result of the website terms in question.

The court ruled that if a consumer does not suffer from adverse consequences, they cannot be considered an “aggrieved consumer” and eligible for compensation under the TCCWNA.

Wyndham claims that Luca’s suit should be dismissed because he does not have standing under the TCCWNA. However, Luca responded to Wyndham’s argument in defense of his allegations, arguing that the language of the Wyndham website terms support his claims due to his qualification for New Jersey’s Consumer Fraud Act.

Luca says the website terms attempt to limit his ability to recover compensation under New Jersey’s CFA, thus causing him adverse consequences. This harm therefore qualifies him for recovery under New Jersey’s TCCWNA, Luca argues in his defense of his Wyndham class action lawsuit.

“Plaintiff falls within the definition of ‘aggrieved consumer,’ as interpreted by Spade, because plaintiff suffered a violation of New Jersey’s Consumer Fraud Act when he booked a room through a website operated by defendants and the terms of use applicable to that booking purported to deny him recovery under the CFA,” Luca states in his defense.

In June 2016, Luca filed his Wyndham resort fees class action lawsuit against several Wyndham entities, alleging that the hotel and resort conglomerate sneaks resort fees into hotel room prices.

Luca claims that the hotel does not include resort fees in online hotel room prices but includes them in a total once a customer has booked their room. The resort fees class action alleges that not including resort fees in online listings is deceptive and makes consumers believe they are paying less for their room.

In August 2016, all Wyndham entities moved to dismiss the claims but only Wyndham Worldwide Corp. and Wyndham Hotel Management had claims against them dismissed. Defendants Wyndham Hotels and Resorts LLC as Wyndham Hotel Group LLC remained, with a federal judge ruling that Luca had sufficiently argued his class action allegations against them.

Luca is represented by Gary F. Lynch, R. Bruce Carlson, Jamisen A. Etzel, and Kevin Abramowicz of Carlson Lynch Sweet Kilpela & Carpenter LLP; Joseph J. DePalma, Katrina Carroll and Kyle A. Shamberg of Lite DePalma Greenberg LLC; and Joseph R. Gugielmo and Erin Green Comite of Scott & Scott Attorneys at Law LLP.

The Wyndham Resort Fees Class Action Lawsuit is Luca v. Wyndham Hotel Group LLC, et al., Case No. 2:16-­cv-­00746, in the U.S. District Court for the Western District of Pennsylvania.

UPDATE: On Oct. 15, 2018, a Wyndham Hotel guest who claims the company tricks customers into purchasing hotel rooms by hiding resort fees has asked a Pennsylvania federal court to grant Class certification in the lawsuit.

UPDATE 2: On Jan. 16, 2019, a federal judge dropped one allegation in the Wyndham resort fees class action lawsuit.

UPDATE 3: On Oct. 15, 2019, Wyndham reached a proposed settlement deal with customers who claimed that the company used “drip pricing” to conceal the full price of room booking from guests.

UPDATE 4: December 2019, the Wyndham resort fee class action settlement is now open. Click here to file a claim.