Another Wyndham Class Action

[easyrider]

I don't know how many Wydham Class action lawsuits have been filed but here is another. If you Google Wyndham Lawsuit the entire page is filled.

Bill

Wyndham class action alleges timeshare contracts include unenforceable arbitration clause

A new class action lawsuit claims Wyndham Vacation Resorts employs deceptive sales practices, hides pertinent timeshare details and includes an unenforceable Wyndham arbitration requirement in its contracts.

topclassactions.com

Wyndham timeshare class action overview:​

• Who: Plaintiffs Carol and Donald Yorks and Taya and Connor Fissix filed a class action lawsuit against Wyndham Vacation Resorts.
• Why: The plaintiffs accuse Wyndham of deceptive sales practices, hiding pertinent timeshare details and including an unenforceable arbitration requirement in its contracts.
• Where: The Wyndham class action was filed in federal court in Florida.

 

[dioxide45]

I believe the arbitration clause is only unenforceable in the situation of MLA or Military Lending Act. In which military members can't be party to contracts that have arbitration clauses. This has been discussed a bit in the Timeshare Solution or Surrender show/podcast. Then there is also situations where military who purchase timeshare and go into default are at risk of losing security clearance because of it. There have also been known violations of SCRA. It was mentioned in one of those podcases that, simply put, members of the US military should never buy a timeshare.

 

[simpsontruckdriver]

Just like many others, this will probably fail, or if they settle, it'll be such a low payout that it will cost them more to send it to you (aka less than $1).

TS

 

[bnoble]

Anyone can file suit. It doesn’t mean the case has merit.

 

[jp10558]

Though I really would like to see an end to forced arbitration being allowed, or really all these "click wrap" style contracts of adhesion. So much of contract law as I understand as a layman was presumed to be two or more people sitting down, with lawyers, negotiating a contract. And maybe like contractor (in the name lol) speced out project work with fixed terms that again you at least obviously are handed it and sign it. Which IME is 99% more like a work order with payment terms and interest rates if you're late.

All these "by using this website you agree" or whatever stuff is crap IMO. Make the companies actually do some work to get a contract or go back to standard sales or subscription terms.

 

[geist1223]

Actually this one might have a chance. In several non-class action law suits in Florida that were filed in Federal Court Wyndham invoked the Arbitration Clause. Then the Americam Arbitration Association rejected the cases because of the wording concerning Arbitration in the Wyndham Contracts (written by Wyndham). The plaintiffs were then allowed to refile in Federal Court

 

[paxsarah]

I randomly took a look at the complaint in this case today and it seems like the provision that might actually have some teeth is the plaintiff who should have been eligible for an interest rate reduction due to the Servicemembers Civil Relief Act, and Wyndham took months to respond to her after she submitted her verification (and it seems at least by the time the complaint was filed the interest rate was never reduced?). It would be a comparatively small class, and maybe because the issue is so narrow and grounded in law it might have a chance. The rest of the complaint is very broad like a lot of the class actions we've seen that haven't really gone anywhere.

 

[dioxide45]

I randomly took a look at the complaint in this case today and it seems like the provision that might actually have some teeth is the plaintiff who should have been eligible for an interest rate reduction due to the Servicemembers Civil Relief Act, and Wyndham took months to respond to her after she submitted her verification (and it seems at least by the time the complaint was filed the interest rate was never reduced?). It would be a comparatively small class, and maybe because the issue is so narrow and grounded in law it might have a chance. The rest of the complaint is very broad like a lot of the class actions we've seen that haven't really gone anywhere.

This is something that @Irene Parker with TARDA has been working on a lot. I believe there is even a lawsuit involving Westgate in Georgia. Their defense is that these aren't real estate loans yet they want to be able to sell it under the guise of real estate and have the protections that real estate sales provide when they make the sale. IMO, a service member should never buy a timeshare. If they ever default it can impact their security clearance.

 

[geist1223]

If attempting to enforce the SSCRA it helps if you can get the US Attorneys Office involved or DOD Attorneys.