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

IsaiahB

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https://topclassactions.com/lawsuit-settlements/travel/914952-wyndham-class-action-says-timeshare-sales-are-deceptive/

Wyndham 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.
 

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

PRAYER FOR RELIEF
Wherefore, Plaintiffs pray for the following relief on behalf of themselves and all others
similarly situated:
A. An order certifying the proposed Class and Subclass under Rule 23 of the Federal Rules
of Civil Procedure, and appointing Plaintiffs and their counsel to represent the Class and Subclass;
B. For an order that Defendant be permanently enjoined from engaging in the unlawful
activities and practices complained of;
C. For a declaration that the Purchase and Sale Agreement of the Munoz Plaintiffs and those
similarly situated are void ab initio;
D. For rescission of all Class Member contracts with Wyndham;
E. For restitution of all monies paid to Wyndham;
F. For compensatory damages;
G. For punitive damages;
H. For treble damages under the D.C. Consumer Protection Procedures Act and the
consumer protection statutes of other States with similar acts;
I. For attorneys’ fees; and,
J. Such further and other relief as the Court deems appropriate.
Doesn't hurt to ask... but the filing costs alone for the complaint alone were $400.
 

chapjim

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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.
 
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easyrider

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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

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.”
https://topclassactions.com/lawsuit-settlements/travel/914952-wyndham-class-action-says-timeshare-sales-are-deceptive/?fbclid=IwAR2GiKo75vf_mO1r0l_DjfetNmm8KxTUMd7U0XN0Nf9VK76u8Vm_OKABa5I
 

chapjim

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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?
 

Grammarhero

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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?
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.
 

am1

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No doubt judging by the comments Wyndham will keep moving forward. Just a hiccup.
 

dgalati

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

dgalati

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

Grammarhero

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Only problem is resale can never have the status or privilege....
You can’t expect much for $1 Wyndham Ts or $1k Canterbury Ts.
 

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Braindead

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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!!
 

Grammarhero

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How does one add their name to this suit?
CA just started. Wait until the claim website goes up. Expect about $500.
 

easyrider

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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
 

Grammarhero

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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.
 
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ecwinch

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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
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.
 

Grammarhero

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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.
 

Grammarhero

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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
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.
 

Grammarhero

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B54054C7-0F1E-4390-AAD6-D4A8C4727568.png
Initial appearances on Oct 15, 2019.
 

easyrider

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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.
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
 
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