Wyndham Hotel Group LLC has agreed to pay $6 million to resolve claims that guests were charged deceptive resort fees when booking through their website.
The settlement will benefit consumers who booked a room at a Wyndham-affiliated hotel using the company’s website, completed their stay between June 6, 2010 and Oct. 18, 2019, and paid a resort fee.
Plaintiff Thomas Luca Jr. filed his Wyndham class action lawsuit in June 2016, alleging that he and other consumers were charged deceptive resort fees. According to Luca, the “resort fees” do not cover any amenities or services. Instead, the fees are arbitrary amounts that the hotel deducts from room rate prices.
“By deducting this arbitrary amount from the room rate, the hotel operator can advertise the nightly room rate as lower than it actually is,” Luca argued.
The Wyndham class action alleged that these deceptive fees violated New Jersey law, including the New Jersey Consumer Fraud Act and the New Jersey Truth-in-Consumer Contract Warranty and Notice Act.
In October, Wyndham agreed to a $6 million settlement to resolve the claims against them. The company has not admitted any liability or wrongdoing by settling the claims.
Under the settlement, consumers can collect a cash payment of $22 or 2,200 Wyndham Rewards Points. Regardless of the number of resort fees charged, consumers can collect only one of these benefits under the settlement.
In order to benefit from the settlement, Class Members need to file a valid Claim Form by March 16, 2020. The deadline for exclusion is Jan. 6, 2020. The deadline for objection is Jan. 22, 2020. The final approval hearing for the settlement is scheduled for Feb. 21, 2020.
Resort guests who booked a room at a Wyndham-affiliated hotel using the company’s website, completed their stay between June 6, 2010 and Oct. 18, 2019, and paid a resort fee.
Consumers must have booked their room through the Wyndham Hotel websites, guests are not eligible if they booked their stay by telephone, in person, through a third-party website such as Expedia.com, Travelocity.com, or Hotels.com, through a group booking, or any other avenue.
Resort fees include any mandatory resort fee, service charge, hotel service fee, resort service fee, or facility fee. Taxes or excise payments passed onto a governmental entity or optional benefits such as parking fees do not count as resort fees under the Class definition.
Cash payment of $22 or 2,200 Wyndham Rewards Points.
Proof of Purchase
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
Luca v. Wyndham Hotel Group LLC, Case No. 16-cv-746-MRH, in the U.S. District Court for the Western District of Pennsylvania
Luca v. Wyndham Hotel Group LLC Settlement Administrator
KCC Class Action Services LLC
PO Box 43237
Providence, RI 02940-3237
Gary F. Lynch
Jamisen A. Etzel
CARLSON LYNCH LLP
Joseph P. Guglielmo
Erin Green Comite
SCOTT + SCOTT LLP
K. Winn Allen
Ronald K. Anguas Jr.
Zachary A. Avallone
KIRKLAND & ELLIS LLP
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