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.
UPDATE:
-
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
Same thing happened to me at a timeshare presentation with Wyndham in San Diego on Feb 20, 2023. At the beginning of the presentation, the sales rep held up an iPad with a blank white screen for me to sign. He never mentioned it was zoomed in to the bottom of a credit card application with Barclays. “Sign your name nice and big” he said. My understanding at the time was that I was signing it to prove I had attended the timeshare presentation to get my free week of vacation at an RCI resort. After receiving the experian report that a 20k line of credit had been opened under my name, I complained to Wyndham management. They told me they always submit a credit card application whenever they get the signature and social security numbers, even though I specifically told them not to run my credit they went ahead and did it anyway. I also complained to Barclays, they closed the account and said they were opening a fraud investigation, but I never heard back. Next, I complained to the San Diego police but the claim was rejected on the grounds that identity theft victims need to report the fraud in the state in which they reside. I also filed a complaint with the California attorney general, and got a nice letter saying thank you, often it is only through letters like yours that our office becomes aware of some consumer problems, however the attorney general cannot act as my private attorney. They regret they cannot assist me in the matter. They encouraged me to contact the Department of Real Estate. Further complaints to the FTC, BBB, identitytheft.gov, cfpb have gotten me nowhere. Looks like filing a class action lawsuit would just result in a dismissal. We need a new law written to stop this. I’d suggest petitioning your state congress to enact new legislation but I really doubt they would ever do anything. We’re just small fries to them, and Cendant Corp (parent company of RCI and Wyndham) probably donates to their campaigns and has large lobbying influence on capitol hill.
I stayed in Wyndham resort for a presentation on June 9 2023;for 2 nights. Was promised 40,000 rewards wether I bought anything or not. I didn’t buy anything. I didn’t receive the points Now they have a credit card showing on my credit report. Drop my score 26 points. What can I do.
Hello, I recently attended a Wyndham Resort timeshare presentation in Atlanta, GA, on Friday, June 23, 2023. The sales personnel went against my decision and authorized a credit card application without my consent. As a result, I received a notification from Comendity Bank stating that I had been approved for a credit card with a limit $7500. I have called the Atlanta Timeshare location several times requesting to speak with someone regarding my issue, but have not received a response. I told the salesperson, I didn’t want the credit card. I am disapointed that a brand as reputable as Wyndham would cause harm to people who took precious time to visit their property. It’s time for them to take responsibility and rectify the situation.
Yeah, same thing happened to me. I went to a Wyndham Timeshare presentation in New Orleans 6/23/23 and told them after 2.5 hours I was not going to purchase the timeshare and I was allowed to leave. A few days later I got a congratulations on signing up for a new credit card. I ignored it at first thinking it was spam, but then received a few more and then realized they had opened a credit card with a $15,000 limit under my currently Barclay’s account. I immediately googled to see this happens to everyone that goes to the timeshare seminar so I called up and canceled that new card immediately, lucky for me they had not charged anything to it. They did keep telling me if I signed up for the timeshare that I would not have to put any money down and I wonder if they were going to actually charge the down payment on the new card they opened without telling me. Just very shady, but from what I see they do this to everyone and nothing seems to happy to them for it so they won’t stop doing it.
Me and my wife were in Miami July of 2022 and same thing happened and now saw there is credit on experian for $20,000 in my name and owe them $18,000. We are still trying to get our $ back.
Got the Barclays credit card and they charged $23000.00 to it without our knowledge. After going to an ( update) we got free tickets to th Opry and just found out that they charged those to our personal credit card. . Going to see them this A M – not HAPPY!!
Attended Wyndham presentation on April 28. 2023 in Panama city Beach. On May 10, 2023, received letter from Comenity with credit card account information. I called and told them I never applied for this card or gave them permission to check my credit. He advised he would cancel the card. Did a dispute with Experian because it is showing on my credit.
Same thing here. During timeshare, was Promised multiple times the docs I was signing would not result in a credit card. Yet, a few weeks later I received a card in the mail for 4-5k. I called immediately, but Wyndham is saying they cannot help me clear this from my credit report. Extremely frustrating!!!
I was done like that in May 2022 there was a 4200 on account didn’t ask
Same thing happened to us. Was invited to a timeshare. Filipina agent told us she needs our info to do a “soft inquiry” on our capabilities to buy timeshare despite us constantly saying no and that we’re not interested to buy anything. Next thing we know, my husband and I were notified of an opened credit card for each of us! This should stop!
Went to a Wyndham resort presentation in June 2022 and turned down all offers. In January, received a credit alert that a card had been opened in my name by Barclays Bank Delaware, which I found out was a Wyndham card. Got it cancelled, but on February 23rd, another credit card was opened in my name by Comenity Capital Bank Wyndham. This dropped my credit score 39 points overnight. Something has to be done!