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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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340 thoughts onWyndham Class Action Lawsuit: Hotel Unfairly Profits Off Timeshare Owners
I inherited my parents time share ( lucky me right!?) In 2003 at that time it was RCI, payed off the $12,000.00 & I was told I was the owner of the Las Vegas Grand Dessert. In May-2013 I actually used my points and went on vacation to Las Vegas and they offered a free breakfast to listen to their presentation after 6 hours of telling them, “NO I’m not interested” we felt pressured to purchase another timeshare so we purchased a Hawaii location. After the first year we realized we Were not having availability to use 2 timeshares & our family members didn’t have interest in using our points, honestly I don’t think they wanted to sit through the lengthy presentation and high pressure tactics to purchase with a timeshare with Wyndham. In 2017 we took another vacation to Las Vegas and they offered a free gift or show to attend their presentation. We attended and asked what can we do to get out of our Hawaii timeshare we purchased with Them? They told us we can cancel your Hawaii timeshare for $10,000.00. So unfortunately we were financed for a $10k loan with their Wyndham credit card (Barclay). In December 2018 we took 6 family members with us to enjoy our family vacation & stayed at the Whyndam Blue presidential suite. I attended the presentation for our family show tickets for free as their gift to me as a Wyndham owner. As I met with a new representative who was looking at my account, she told me if I upgrade to silver vip status I will get 100,000 points and my payments would be lower and my maintenance fees would go down. I really felt confident this time, as she was trying to assist me and that she was a genuine whyndam representative helping me to lower my payments and make the payments comfortable as they kept Increasing. In January-2019 with the upgrade two silver vip status and 100,000 points, our outstanding current balance is $45,000 our monthly payments are $530.00 and our maintenance fees are $135.00. In October- 2019 We started looking for Time share exit attorneys for Assistance with Getting out of our current situation. Our Maintenance fees keep increasing slowly and the monthly payments. I feel I was mislead and disappointed with the integrity of the representatives who sell whyndam Time Share’s. Please add me to your list! I’m still searching for assistance
Hanson, Eleanor and the rest of the victims, I’m in the same situation looking for a lawyer. I thought I couldn’t be bamboozled again but was the last time I went to Vegas! He claimed with the timeshare I had I would pay so much more in maintenance fees than if I went VIP status. I ended up being roped into a $23,000.00 new timeshare costs and of course maintenance fees on top! They are ruining my excellent credit because I haven’t paid them a penny for this new one because I have been searching for a lawyer or company that can represent me without taking the rest of my money to get rid of this timeshare nightmare! I’m still paying off the one they got me out of…I guess they didn’t get me out of it since I’m still paying for it but I also can’t claim it since they “supposedly” bought it back and snagged me for a new loan! Mad as Hell and can’t find a sole to help! What’s wrong with this picture! Unfortunately, there are scammers just like Wyndham which claim they will get you out of the timeshare but instead, they take your money and run without doing the job of getting us out of these misleading timeshare sales!
There has to be a lawyer out there that can get us out of our timeshares and make WYNDHAM pay for the attorney fees, NOT US! With so many people wanting to get out of these Wyndham timeshares collectively we could pay ONE attorney and divey up the costs…is that realistic? And is there an honest attorney out there that would be willing to do that?
My husband and I were Wyndham victims. We had experiences similar to the others in the comments. We always felt pressured into buying more at each “update”. Payments finally equaled our monthly house payment. We could no longer afford it so we just let it go. It makes me physically ill to think of all the money we spent for nothing.
Please add me too! Horrible experience with Wyndham timeshare. Thank you.
Please add me to this class action suit
+Add me to this claim!
We are whyndam time share owners..we have paid off our time share..and plan on willing the time share to one of our children, who would only be responsible for the annual maintenance dues and fees…the problem us that when we initially got the time share the maintenance fees were 25 dollars per month..in less than 10 years those fees have doubled…by the time we will this to our children, the fees will be over $2000 per year…when we contacted Wyndham about this they said you can always give the time share back…. REALLY..BY ALL MEANS HOW DO WE JOIN THE LAW SUIT
We bought a “vacation ownership” from wyndham in 2015. Sales presentation was very high pressured and misleading. They made it sound like the amount of points we bought would be enough to go on at least a week’s vacation a year. That was wrong! In 2017, we attended an update where we agreed to add to our points to give us more time, however, 2 days later we decided to cancel before we went home. We gave them a hand written letter requesting to cancel, which we did within the allowed time frame, before we left the resort. A month or so later we received a bill for our new points. When I called to tell them I cancelled at the resort in the allotted time frame, they couldn’t find it. Good thing I made a copy and keep good records, but they kept charging us for about 6-7 months. I even contacted the person who told me how to cancel while at the resort, emailed and left him and his boss messages, never received a response from either. HORRIBLE CUSTOMER SERVICE!! Spent a ton of time on the phone with these incompetent people, as well as a lot of time with my credit card company. It was about 8 months before I finally was reimbursed for their charges and contract was cancelled. I would like to join this lawsuit if possible because we can rarely use our points due to availability and the amount of points they charge is very high. We’re lucky to get 4 days. Big rip off, wish my husband didn’t sign us up for the presentation in the first place.
16 years ago bought one of these , the reality is they Lied deceived cheated misrepresented on every aspect of this ! I’ve never been able to use it with out chai hotels mid vacation , but our costs keep going up . O yeah feel free to add me
I am interested. We have owned 2 timeshare contracts with Wyndham.
How do we get added to this lawsuit?
I need added! We were lied to and manipulated by these people!!!