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Deneen et al v. Wyndham Vacation Resorts, Inc.; August 14, 2019 [Merged]

Discussion in 'Wyndham Vacation Resorts' started by IsaiahB, Aug 20, 2019.

  1. IsaiahB

    IsaiahB Guest

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    https://topclassactions.com/lawsuit...ss-action-says-timeshare-sales-are-deceptive/

     
  2. IsaiahB

    IsaiahB Guest

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    I've now had time to read the complaint. It has a near-zero chance of any significant success.

    Doesn't hurt to ask... but the filing costs alone for the complaint alone were $400.
     
  3. chapjim

    chapjim TUG Member

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    If plaintiffs hope to prevail with assertions like "confusing, vague, and ambiguous boilerplate contracts," "purported written agreement," and because desired destinations are not available at the desired time, they are mistaken.

    As with most class actions, the real plaintiffs are the attorneys. If Wyndham decides to flick a booger and settle, the attorneys will get the money. The named plaintiffs will get coupons -- probably for a weekend at a Wyndham resort (how perverse is that?).

    I didn't read the filing, only the summary. Pretty stupid.
     
    Last edited: Aug 20, 2019
    clifffaith and Jan M. like this.
  4. easyrider

    easyrider TUG Review Crew: Expert TUG Member

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    This class action includes all people that entered into a security agreement with Wyndham in the last ten years which I think would include resale contracts.

    Bill

    https://topclassactions.com/lawsuit...1r0l_DjfetNmm8KxTUMd7U0XN0Nf9VK76u8Vm_OKABa5I
     
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  5. chapjim

    chapjim TUG Member

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    Really? Resale contracts?

    How are you going to show that you were damaged by Wyndham's sales practices when Wyndham wasn't a party to the sale?
     
    dgalati and Grammarhero like this.
  6. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Wyndham, EY 434k pts
    Williamsburg Plant, EY 4L/4
    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    The class is limited to retail purchases.

    Even if resale purchasers are included in the class, there will be two classes given different amounts: 1) developer/retail purchasers, 2) resale purchasers. The developer/retail purchasers might get $500, but the resale purchasers might get $1.

    To compare to another class action lawsuit, those signing up for the equifax data breach might get $2. However, those whose identities were actually stolen, had fraudulent cc in their names, and had to fix such might recover $200.
     
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  7. am1

    am1 TUG Member

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    No doubt judging by the comments Wyndham will keep moving forward. Just a hiccup.
     
    Grammarhero likes this.
  8. dgalati

    dgalati TUG Member

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    Wyndham will point out the "Privilege" it is to own and how many come back to buy into the status.
     
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  9. dgalati

    dgalati TUG Member

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    Only problem is resale can never have the status or privilege....
     
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  10. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    You can’t expect much for $1 Wyndham Ts or $1k Canterbury Ts.
     
  11. johnma

    johnma TUG Member

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  12. Braindead

    Braindead TUG Member

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    I noticed a couple of items:
    1. It clearly refers to CWA contracts purchased in the last 10 years. Is this only for CWA contracts or is that a misquote??
    2. Only contracts that DO NOT have the arbitration clause. Mine does from a couple of years ago.

    It’s funny to see owners comments down below, gee I wonder if Wyndham reads those & if they’re actually using their real name!!
     
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  13. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    CA just started. Wait until the claim website goes up. Expect about $500.
     
  14. easyrider

    easyrider TUG Review Crew: Expert TUG Member

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    It looks like the filing code is contract insurance or a code 110. Code 110 in this case might be a breach of contract but is likely a tort claim. If this is a tort claim then it should include resales, imo.

    To enter into a "security agreement" with Wyndham would only mean that a person has a contract with Wyndham. If you bought a $1 resale in the last 10 years, and pay Wyndham to use the Wyndham product, you have entered a security agreement in the last 10 years and likely qualify to be added to the class action suit, imo.

    I also think the verbage Wyndham or successors means that successors are those that sell resales to include those that bought on the secondary market.

    I could be wrong. We will know for sure as this rolls out.

    Bill

    https://dockets.justia.com/docket/illinois/ilndce/1:2019cv05499/367812
     
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  15. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    I’m posting the 34 page Complaint and about 100 pages of Exhibits to the Complaint. If there’s a demand, I will post the other 50 pages of exhibits. All the documents I got so far were free, but the other 50 pages will cost me $5.
    Happy legal reading.
     
    Last edited: Aug 21, 2019
  16. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Wyndham lawsuit
     

    Attached Files:

  17. ecwinch

    ecwinch Moderator

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    I suspect you are. As a resale purchaser is only assuming the rights/obligations of the original purchaser and if the loan is paid off, those rights/obligations are to the HOA, and to the Fairshare Trust. They are not assuming any direct contract with Wyndham, as Wyndham is providing services to the trust and the resorts.
     
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  18. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    I just read the class action lawsuit. All the class reps are retail purchasers. Unless the attorneys agreed to add a resale purchaser as a different class, resale purchasers are not involved in the class action lawsuit.
     
    easyrider likes this.
  19. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Whether you are included in the class lawsuit is determined by whether one of the class rep’s situation is similar to yours. In this lawsuit this far, the five plaintiffs all bought retail. Thus, until the plaintiffs’ attorneys amend the complaint to add at least one resale buyer, you are not legally included in the class.

    Wyndham’s mountain of multi-millionaire attorneys will move to exclude resale buyers from compensation. It depends on whether plaintiffs counsel is willing to fight for resale buyers. They may for the money and to rack up attorney fees. Or they might not as resale buyers aren’t as sympathetic, can be a distraction, and they might want to focus on fighting for retail purchasers only.
     
  20. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    DRI South Bend, EY 1/1

    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    B54054C7-0F1E-4390-AAD6-D4A8C4727568.png Initial appearances on Oct 15, 2019.
     
  21. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Exhibits A-C to Complaint
     

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  22. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Exhibits D-E to Complaint
     

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  23. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Exhibits F-G to Complaint
     

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  24. Grammarhero

    Grammarhero Official TUGBBS Rescission Master TUG Member

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    Been to:
    Intl: Aruba, Aus, Bah, China, Jpn, HK, Macau, Mex
    US: AZ, CA, DC, DE, IL, IN, KY, MD, NC, NJ, NV, NY, OH, OR, PA, SC, TN, TX, VA, WA, WV
    Exhibit H-1 to Complaint.
     

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  25. easyrider

    easyrider TUG Review Crew: Expert TUG Member

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    I didn't see that. What I do see is that the verbiage uses the word "successor" as in an agreement with Wyndham or its successors. A successor to Wyndham is just the next seller in line that is selling the contract. The successor is selling the product liability.

    I didn't see where resale contracts are excluded but I do see that all of the listed complainants bought directly from Wyndham.

    Nope, I don't own any Wyndham . I do have Worldmark and have attended flawed sales Wyndham sales presentations.

    I doubt that any consumer gets a big settlement check but I think Wyndham may be forced to change their sales practices and product usage.

    Bill
     
    HitchHiker71 likes this.

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