Steven Cohen  |  August 19, 2019

Category: Legal News

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wyndham hotel and resortsWyndham Vacation Resorts has been hit with a class action lawsuit from customers who claim that their sales policies and practices regarding timeshares are deceptive.

Plaintiffs AnnaMarie Deneen, Michael J. Deneen, Erin Munoz, Paul Munoz, and Nazret Z. Gebremeskel say that Wyndham makes misrepresentations to customers about numerous features in their vacation plans, ranging from the value of timeshare points to the cleaning services that are available to the vacationers.

“Wyndham’s business model is premised on the false assumption that you can lie to consumers to get them to sign confusing, vague and ambiguous boilerplate contracts and that because then there is a purported written agreement, you have no liability for the lies,” the Wyndham class action lawsuit claims.

The Wyndham class action lawsuit states that the hotel chain has been penalized in the past for their deceptive sales practices from state governments, including a $20 million verdict in a case involving a whistleblower.  

For example, the plaintiffs state that in October 2003, the California Attorney General and the District Attorney in San Mateo sued the Trendwest (the predecessor of Wyndham) for unlawful sales practices and wound up settling for $4.3 million.

Also, in 2007, customers filed a class action against Wyndham, and the company agreed to cancel 22 million vacation credits and paid Class counsel up to $5 million in legal fees.

“After getting consumers to sign form contracts through deceptive sales practices, Wyndham then breaches its form contract entitled ‘Security Agreement – ClubWyndham Access Vacation Ownership Plan – Retail Installment Contract – Purchase and Security Agreement’ by not making destination accommodations available, by charging excessive fees not referenced in the contract, and by failing to provide promised ancillary services such as cleaning and housekeeping,” the Wyndham class action lawsuit claims.

The Wyndham timeshare model uses points, which are purchased by vacation goers, and can be used to stay at any Wyndham “or affiliated resort throughout the world.” 

The Wyndham class action lawsuit claims that desired destinations are not available at the desired time and need to be booked as much as a year beforehand.  

“The business practice of Wyndham is to focus on selling points, rather than managing the destinations and making them available to members. Wyndham members find that there is little availability. When they complain, Wyndham’s response is that they need to buy more points,” the Wyndham class action lawsuit alleges.

The plaintiffs also state that a sales pitch to purchase more points begins even before the vacation goer parks their car.  Before they are given a parking pass, they are urged to attend an owner meeting update, which is just a sales presentation for Wyndham to purchase more points.

The Wyndham class action lawsuit claims that if members are able to get parking passes without attending a sales meeting, they are harassed with phone calls and marketing materials are placed under their doors to attend more sales meetings.

“These meetings last most of a day and do not conform to most consumers’ idea of a ‘vacation day,’” states the class action lawsuit.

Putative Class Members in the Wyndham class action lawsuit include: “All persons who entered into a ‘Security Agreement – ClubWyndham Access Vacation Ownership Plan – Retail Installment Contract – Purchase and Security Agreement’ (Agreement) with Wyndham or its successors in the last ten years and whose Agreements do not contain arbitration clauses.”

The plaintiffs are represented by Howard B. Prossnitz of the Law Offices of Howard B. Prossnitz and Adam Szulczewksi.

The Wyndham Timeshare Class Action Lawsuit is Deneen, et al. v. Wyndham Vacation Resorts Inc., Case No. 1:19-cv-05499, in the U.S. District Court for the Northern District of Illinois.

UPDATE: The Wyndham Timeshare Class Action Lawsuit was dismissed February 12, 2020. 

 

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564 thoughts onWyndham Class Action Says Timeshare Sales Are Deceptive

  1. Joseph Gugino says:

    I bought a time share Nov 2019 since in going over my paper work there are agreements I was never made aware of and yet they somehow transferred my signature onto the electronic agreement. I have never used the time share because I am advised not to travel because if my health. Please include me in this class action law suit.

    1. Danielle says:

      Bought the timeshare in Nov 2019. I’ve called various times for assistance with no resolved. I am active military and I’ve never used it. Can I please to be added on theClass action law suit.

  2. Renee Conner says:

    We would like to be included in this lawsuit. We were totally deceived at the presentation. My husband is on disability and we definitely can not afford it. Someone is supposed to be working on it but we keep getting the run around.

  3. Mary Ward says:

    My husband and I would be interested. We purchased a timeshare with Wyndham and was told lies. Presently have attorney who was supposed to help end contract but nothing happening there.

  4. Dan says:

    We also want to join in to this class action against Wyndham.

  5. Carol Berry says:

    I would like to join in this class action law suit my maintenance fees with Wyndem are sky high with no reason as to what they’re applied to. We haven’t had a time slot in here for years

    1. Alexander J Caldera says:

      Does anyone know about a class action suit open?

  6. David says:

    Got scammed by these jokers at North Myrtle Beach. I will join in a class action lawsuit. Let me know.

  7. Donna Oelker says:

    Wyndham is nothing but lies, lies and more lies!! I need to find a class action suit to join or someone who can help me with the deceptive sales pitch we encountered. We only purchased a membership because the sales team stated we could use points to purchases cruises and we cruise once a year. During that sales pitch it was stated we could use points to book through multiple cruise lines. They even had the various cruise lines listed on their PowerPoint presentation!!! This presentation was in December 2019. Now that we’re ready to book our first cruise through Wyndham, they say it’s only available through Norwegian (which we don’t like and would never have purchased points that could only be used with Norwegian Cruise Lines). We talked to our sales rep for a few hours, over and over we talked about the various cruise lines and how we only liked Carnival and Royal Caribbean. This is so deceptive and we didn’t know it was a lie until we tried to book a cruise and the reason we waited is because they told us our bonus points wouldn’t drop in our account until this time. We were waiting to use the bonus points to book a special cruise with Carnival. It’s just unbelievable how many lies were told during our sales presentation. If you are thinking of purchasing a membership…RUN AS FAST AS YOU CAN!

  8. Cynthia Williams says:

    I want to be part of this lawsuit. I have been lied to so many times. Please help me.

  9. Bill Boad says:

    Would like to join class action suit………Worldmark made claims that were false

  10. A Taylor says:

    I would like to join this lawsuit. I can’t tell you how many times we’ve been lied to and tried to best forced into purchasing more points. I’ve also found that some of the sales people have tried to use intimidation after they review my file and see that I’ve contacted Customer Care, which does absolutely NOTHING to address or solve complaints. The harassment from people calling to collect is rediculous! I’ve had no less than 4 calls within 15 minutes sometimes! Not to mention the maintenance fees that keep increasing astronomically every year with no real explanation as to justify why and what they are being used for.

    1. Anthony Reed says:

      Me and my wife were blind side by lies and false promises about a time share while on a trip in Las Vegas we would definitely like to be involved in this lawsuit

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