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. Jennifer Reed says:

    Oh my gosh, I thought my boyfriend and I were the only ones scammed! We were advised-even though we are not married and have (HAD) fair credit to get the timeshare, open the credit card to use as down payment- then specifically advised NOT to pay for the first 30-60 days, but instead open a personal loan with a local credit union to pay the whole thing off. We asked 100 times “what if we don’t qualify? Can we cancel everything?” They answered 100 times, “As long as you DO NOT use the points, you can cancel without penalties.” Well, we got duped. Now my boyfriend is being sued because of the credit card going to collections. I even tried to pay it for as long as I could so that he wouldn’t get affected by it, but then I lost my job. So now I’m $1000’s lost into a scam that I was never able to use. Btw, since we were stuck with it, we did try to book- but never could. When is the next class action- we need to be apart of this! Please!!!

  2. Rolanda Gibson says:

    I would like to join this lawsuit I have Wyndham and it’s so deceptive. They told me I could sell it. I can’t sell it they told me I can rent it. I can’t rent it. They also told me that I could book a vacation anytime, but when I tried a year ahead of time they want me to pay more money. They are always renovating and they make you pay for that, and these places they tell you our brand new.

  3. Sam Honaker says:

    Please include me. Lied too at presentation and now they are opening credit cards in my name

  4. Althea Gobble says:

    Please, we were deceived in the down payment. They didnt disclouse all the documents. We want to be apart of this!!

  5. Filomena saddler says:

    I was lied to, they said I could sell it back anytime and that it was an investment, they kept us in therefor about 5 hours, i couldn’t think straight by the time I signed. O tried to get out of it 2 weeks later and they said no, that I couldn’t do that.

  6. V. Chaney says:

    Please add my Name also!! It’s nothing like what they explained to me!! Once you pay it off you still to pay maintenance fee which is crazy!! Then they always trying to through extra cost on you and you can never used it when you want too!! To me they need to be ashamed of themselves for scamming peoples like this and it’s legal!! Please add me too

  7. Omar Jabouri says:

    I like to be part of this lawsuit. Wyndham lied and they let us know the Points we bought they are enough for a cruise and book once A week in a year in Hawaii. We would be lucky if we could find somewhere with two nights in an off the map kind of place. Also, we were not informed about having to pay any interest on the loan we received from PayPal that they set up for us until we sign all of her paperwork and we were getting ready to leave and they actually said something along the lines of oh sorry we forgot to mention you have to pay the full interest if you don’t pay back in six months. Every year when we decided to make a reservation for a vacation nothing is available. Or it is too soon or too late of a notice.

    1. Anon says:

      Hi! You guys are all so right you have no idea, I recently was introduced to this scheme and it’s appalling. I can’t say to much here but I can help anyone who Wyndham trapped with a contract. Call me 949-793-7880

  8. Diane Wickert says:

    Use our points for the first time in Clearwater Beach, somehow they pushed us into a sales meeting which we thought was suppose to be an explanation on how to get the most out of our membership. The Salesmen were smooth and almost had us signing a contract for over $50,000. until I read the fine print and saw what they were doing. We walked out but not without them hitting my credit report and applying for credit cards I didn’t want. They did all of this with the slickness of an snake oil sales pitch.
    Everything is virtual – tried to get a copy of my current contract from 2018 (previous loaded on a Fire Tablet-that didn’t work) and a finance statement and they will not send it. Even paid $25.00 to have them send it – nothing. Happy to join in any class action suit.

  9. Brittney says:

    Yes I’ve been scammed by Wyndham too. Pressured into something I don’t want and cannot afford.

  10. Brittney says:

    Yes please add me to the lawsuit. Lied and pressure into something I can not afford.

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