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A class action lawsuit says that Wyndham aggressively markets its timeshares and unfairly profits from customers by requiring them to assign their timeshare interest to a trust, from which Wyndham benefits.
Plaintiffs Carolyn Nolen, Windy Kelley, Cara Kelley, and Paula Litton claim that they all have timeshares with Wyndham.
Allegedly, these customers, along with every timeshare purchaser, are required to assign 100 percent of their timeshare interest to Club Wyndham Plus, a program governed by the terms of the Fairshare Trust. In turn, the trust is reportedly controlled by Wyndham.
The Wyndham class action claims that Wyndham does not disclose to customers that the Fairshare Trust is the Fairshare Vacation Owners Association, a corporation controlled entirely by Wyndham. The terms allegedly indicate that the only beneficiaries of the Fairshare Trust are the individual timeshare owners and Wyndham.
Because the trustee is reportedly controlled by Wyndham, and Wyndham profits from the trust, the trustee — Fairshare Vacation Owners Association — profits from the trust, in violation of Arkansas law.
According to the customers’ timeshare trust class action lawsuit, Wyndham violated Arkansas Trust Code, which requires a trustee to administer the trust solely in the interest of the beneficiaries, and dictates that a “trust and its terms must be for the benefit of its beneficiaries.”
The Wyndham class action claims that the Trust Code states that trustees cannot profit from the trust, even if they did not breach the trust in profiting from it.
The timeshare holders argue that the Fairshare Vacation Owners Association’s Board of Directors has the right to change any program or feature of the trust at will, even if these changes are against the best interest of the customers.
During the time period at issue in the Wyndham lawsuit, all three members of the Board of Directors were Wyndham members, and they were able to make changes to the trust even if those changes were not in the best interest of the timeshare holders.
In the words of the timeshare owners, “to gain control over the Fairshare Vacation Owners Association and the Fairshare Trust, [Wyndham] or its affiliated entities appointed its own executives and employees to control the actions of the Trustee.” Allegedly, this led to “tremendous” financial benefits for Wyndham and affiliates.
The Wyndham timeshare class action lawsuit argues that Wyndham’s control of the trust is absolute, and that the company is violating their fiduciary duty to timeshare owners.
The timeshare owners go on to argue that Wyndham requires timeshare owners to pay fees that cover the costs of administering and operating the trust, which only financially serves Wyndham, not the timeshare holders.
Wynham has previously faced claims that the timeshare company misled consumers about its services, and unfairly profited from consumers.
Do you have a timeshare? Tell us about your experience in the comments below.
The timeshare holders are represented by John A. Yanchunis and Patrick A. Barthle II of Morgan & Morgan Complex Litigation Group; James M. Terrell and Rodney E. Miller of Methvin Terrell Yancey Stephens & Miller PC; and Bradford D. Barron of The Barron Law Firm PLLC.
The Wyndham Timeshare Trust Class Action Lawsuit is Carolyn Nolen, et al. v. Wyndham Vacation Resorts Inc., et al., Case No. 6:20-cv-00330-PGB-EJK, in the U.S. District Court for the Middle District of Florida.
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337 thoughts onWyndham Class Action Lawsuit: Hotel Unfairly Profits Off Timeshare Owners
Add me, I purchased an additional Time share to reach Silver VIP.
Now Wyndham has taken away my VIP status.
Add me, I purchased an additional Time share to reach Silver VIP.
Now Wyndham has taken away my VIP status.
we have been misled by Worldmark/Wyndham; can we be added to this class action?
We were duped by Wyndham as well. We were promised a deed once our timeshare was paid off. It has been paid off for years and we haven’t received a deed. This was the only reason we purchased the timeshare because with a deed we could psss it down to our kids and grandkids. We have paid Wyndum over 40k dollars and have received nothing in return. They are still taking out 100.00 a month for fees to this day. We would love to shut them down and get reimbursement for all of our heartache and trouble they have caused on top of the money we paid for a deed we never received that we were promised!!
We reside in Australia and were conned in the same ways. We would love to be added to the class action.
How can I be added to Windham class action suit?
Please add me to this lawsuit. I also were lied to and coerced for hours to sign. I’m in my 70’s and can’t afford this.
We were scammed as well in Panamah City FL. I would love to be jncluded in any lawsuit against wyndham.
My wife and I are a victim of the Wyndham Destinations scandal. We would like to be considered in the Lawsuit that is taking place and we have already stop making payments to a company that has done nothing but take our money and give us nothing worth of value in return.
Hello,
I would also like to be added to the lawsuit
we would like to be added to the lawsuit
We would also like to be added to the lawsuit
Please add me to this suit they won’t let you leave till you agree to pay even though you tell you can’t afford it