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UPDATE:
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This case was dismissed June 3, 2021.
A retired couple is suing Wyndham Vacation Resorts, claiming the company opened two Wyndham-branded $20,000 credit cards without them knowing, and alleging it was “not an isolated incident” for the company.
In a proposed nationwide class action lawsuit filed Friday in the Western District of Missouri Springfield Division Friday, plaintiffs Douglas and Suzanne Ashby said they were bringing the case to stop the practice and hold Wyndham accountable.
Wyndham is a resort and timeshare company that also offers credit cards through partner banks. The Indiana plaintiffs, who are in their 70s, said they were invited to spend three free nights at a Wyndham property in Missouri last July, on the condition they attended a timeshare sales presentation. They accepted.
At the presentation, they said a sales rep tried to get them to buy a deeded property, then pitched them on buying “points” for future Club Wyndham vacations, which they “eventually agreed to buy” for $3,375 on their credit card.
The Ashbys said the salesperson then asked for their social security numbers and driver licenses, and when questioned why Wyndham needed it, they were told it was so they could get the “best deal,” the class action alleges.
Despite the fact credit accounts were never discussed, the pair got home and were “shocked” to find Wyndham and Comenity Capital Bank had issued them each a new Wyndham-branded credit account with a $20,000 limit, the lawsuit alleged.
They had welcome letters to “Your Vacation Club Credit Account” as well as an Experian credit alert. The couple said they immediately complained to Comenity and the accounts were closed the next month, but Wyndham allegedly “stonewalled” them.
“What happened to [the Ashbys] was not an isolated incident,” the lawsuit said, presenting screenshots of multiple Better Business Bureau reviews alleging similar allegations. “Rather, as shown in media reports, consumer complaints, and a whistleblower lawsuit, Wyndham engaged in a nation-wide practice of using consumers’ personal information to open credit cards or lines of credit without those consumers’ knowledge or permission.”
The lawsuit pointed to a case of a Wyndham employee blowing the whistle on how the company’s San Francisco office allegedly “fleeced elderly people rampantly.” That trial resulted in a $12.8 million punitive damages award.
The Ashbys also compared their allegations to those made in a 2017 $142 million class settlement with Wells Fargo, which was accused of opening accounts for customers without their permission.
They said the cases shared a pattern in that companies put in place unrealistic sales goals for their employees and then apply intense pressure for the employees to meet them.
“Next, in the absence of adequate oversight or controls, the employees predictably find ways to game the system to create accounts for customers who do not ask for them, so the employees can meet their goals,” the lawsuit stated. “Finally, the companies turn a blind eye, deny any wrongdoing, and try to minimize the scope of the problem until they are exposed in civil court proceedings like this one.”
The lawsuit also claimed that Comenity and its parent company Alliance Data joined with Wyndham’s fraudulent scheme in 2018. The couple is suing Wyndham under the Missouri Merchandising Practices Act, Delaware Consumer Fraud Act, Fair Credit Reporting Act, Unauthorized Issuance of Credit Cards under the Truth in Lending Act and Regulation Z.
The Ashbys are looking to represent a nationwide Class of anyone who was given a Wyndham credit line without their consent, as well as a Missouri Class. The lawsuit seeks an order declaring that the practices alleged are unlawful and an injunction banning Wyndham from doing it again, plus costs, treble damages and a jury trial.
Meanwhile, Wyndham is also facing other recent claims that it misleads and takes advantage of customers.
In Aug. 2020, Wyndham timeshare owners filed a class action lawsuit accusing the company of lying to customers about benefits and subjecting them to aggressive marketing tactics to get them to purchase useless points. That lawsuit came on the heels of a similar Feb. 2020 Wyndham class action lawsuit.
Have you ever been issued a credit card or credit line without your consent? Tell us in the comments below.
The Ashbys are represented by Gretchen Freeman Cappio and Gabriel E. Verdugo of Keller Rohrback L.L.P. and Steve Garner of Strong, Garner, Bauer, P.C..
The Wyndham Unwanted Credit Line Class Action Lawsuit is Douglas and Suzanne Ashby, et al. v. Wyndham Vacation Resorts Inc., Comenity Capital Bank, Alliance Data Systems Corp., Case No. 6:21-cv-03044-WBG, in the U.S. District Court for the Western District Of Missouri Springfield Division.
Read About More Class Action Lawsuits & Class Action Settlements:
140 thoughts onWyndham Faces Nationwide Class Action for Unwanted Credit Cards
Just returned from a trip to Las Vegas where we attended the Wyndham presentation on 2/23/23. Declined to purchase anything. Received credit alert that a credit card was opened today in my name with an open credit amount of $7500. Never authorized or applied for credit from Comenity.
How did you get it off your credit report? They did the same to me and Tito of Wyndham in south Las Vegas lied directly to my face when I asked if they were applying for credit. He said No, I’m not. Then I get a credit card?? And I tried to dispute, but they say the information is accurate. I want it off my credit report.
Wanted to follow up here. How were either of you able to get this cleared from your credit reports?
I just emailed the Wyndham team in Las Vegas to ask about this Comenity Vacation Club Credit Card account, received the letter notifying me that a have a new credit card that I didn’t approve. Awaiting their response before I start down the path of Federal reporting for fraud and damages. I’m not contacting or registering with Comenity as I’m unsure if touching their website then confirms/acknowledges the unauthorized account. More to come.
How did you get it off your credit report? They did the same to me and Tito of Wyndham in south Las Vegas lied directly to my face when I asked if they were applying for credit. He said No, I’m not. Then I get a credit card?? And I tried to dispute, but they say the information is accurate. I want it off my credit report.
This happened to us literally yesterday.
We did a presentation in San Antonio, Texas. We finished the presentation and left after saying No like 100 times.
10 mins later we received an email congratulating my girlfriend on her new credit card. We called immediately to cancel. Apparently they couldn’t give us the info of when the account was created. It wasn’t even an hour after we left that they opened a credit card in their name.
This just happened to us in Orlando Florida on 1/1/23 we attended a presentation and was offered to buy credits for a certain amount and they asked for our info like Drivers license and a credit card for down payment. Came back stated our card didn’t have enough credit but can but down payment on new card. We have dealing with a headache for 1 full month of trying to get money back charged since we declined offer. We even sent certified letters with tracking and faxed several times. They are playing games by showing they are crediting us back than resend the credit. Were accruing interest on something we shouldn’t be.
Same thing happened to me, Nov. 2022 at Nashville/opryland location. Contacted Credit agencies, no help there. FTC, no help. How do I stop/correct this?
July of 2022 I attended a Wyndham presentation. My timeshare is paid for so I only pay maintenance fees. Turned down offer to buy more points. They had me fill out some information on a laptop personal information that I was uncomfortable giving. When I returned home I received a credit card from Barclays for $12,000 which I did Not apply for. I recently looked at my credit report and it is on the report as Comenity Bank. Please add my name to class action suit. I did not activate the card and have not received a bill as of yet (?).
Same thing happened to me February 3, 2023 Las Vegas Nevada. Company open two separate credit cards in my name that I did not agree to or have any knowledge of.
the same exact thing happened to me in November 2022. I went to presentation at the Bueno Vista location in Orlando and in less than 2 weeks i received two credit cards, Comenity and Barclay bank. I have been trying unsuccessfully trying to contact Wyndham. I will never stay at one of the hotel again!
Been facing alot of threats about them wanting to get a lawyer involved if i dont pay and we never agreed or signed for a credit line, we got scammed and now im paying for it please help me
I am a victim of Wyndham credit card company and Wyndham loan company they took advantage of me when I just only wanted to know what they were I was taken into an area where they talk to you after a presentation and my fiancee had multiple times told them no we can not do it and that I had no money for a credit card but no one listen and I was taken advantage of they need to be labeled as a scam company there no good and love to drain the life of your own money and don’t care about your life there just in for the money they say there sorry and I’m like no your not you don’t care I would like to be added into this lawsuit but don’t have money for attorney or lawyer fees if I won the lawsuit against them or with every other victim of this Wyndham credit card company
I (Carolyn Jones) was given a credit card from Comenity Bank without my consent or knowledge for 5,800.00. I was not told this in the presentation and was not told I would be billed with interest after six months. This action happen September 2022 in Las Vegas. Please sent me information about this Class Action Law Suit. I’m paying the bill so I won’t bring my credit score down and hope I get money before 2/23 so I won’t have interest on this bill. I am a widow on a fix income and cannot afford recurring interest payments
How did you get it off your credit report? They did the same to me and Tito of Wyndham in south Las Vegas lied directly to my face when I asked if they were applying for credit. He said No, I’m not. Then I get a credit card?? And I tried to dispute, but they say the information is accurate. I want it off my credit report. Also close your account immediately