Nolen v. Fairshare Vacation Owners Class Action Notice

[TBennet]

I wonder if this will at least drive change? Ie. Members on the board.

 

[Sandy VDH]

Why does it only pertain to post 2008, is that when Wyndham owned all the shells in it games?

 

[paxsarah]

Why does it only pertain to post 2008, is that when Wyndham owned all the shells in it games?

It appears the date corresponds with the most recent updated version of the Fairshare Trust Agreement.

 

[Zekes]

Never heard of a class action suit that you are automatically in on, unless you opt out. Is this how plaintiffs lawyers expect to get paid?

 

[samara64]

Check your spam folder as well. Found this email in my spam folder.

 

[chapjim]

Thanks for the link. It was interesting reading.

The attorneys for the plaintiffs seem confused. The lawsuit lumps the money collected for the Program Fee and maintenance fees into one "Program Fee". Maintenance Fees for the Club Wyndham Plus (points) Program are collected by Wyndham but are passed on to the HOAs of the individual resorts They are not retained in the Trust.

The attorneys do not understand how an exchange program like RCI or Interval International works. RCI is not part of the Fairshare Trust.

These are a couple of the main points of the lawsuit:

82. As a result of Defendant Trustee, Fairshare Vacation Owners Association’s, violations of Ark. Code Ann. §§ 28-73-404, 28-73-802 and 28-73-1003, Plaintiffs and members of the putative class have been damaged by paying excessive Program Fees and excessive financing rates and charges. Plaintiffs and members of the putative class have been further damaged by paying membership fees, transfer fees and exchange fees to participate in the RCI exchange program. Finally, Plaintiffs and members of the putative class have been damaged by failing to receive any income or distributions from the Fairshare Trust as a result of revenue generated from the use of Fairshare Trust property in the RCI exchange program. Absent any actual damage, Plaintiffs and members of the putative class are entitled to disgorgement of all excess funds and profits obtained by Defendant Trustee, Fairshare Vacation Owners Association, as a result of its violations of the Arkansas Trust Code as more specifically set out in paragraphs 56 through 81 above.

111. As a result of Defendant RCI’s violations of Ark. Code Ann. §§ 28-73-404, 28-73- 802,and 28-73-1003, Plaintiffs and members of the putative class have been damaged by paying RCI membership fees, exchange fees and transfer fees. Plaintiffs and members of the putative class have been further damaged by failing to receive any income or distributions from the Fairshare Trust as a result of revenue generated from the use of Fairshare Trust property in the RCI exchange program. Absent any actual damage, Plaintiffs and members of the putative class are entitled to disgorgement of all excess funds and profits obtained by Defendant RCI as a result of its violations of the Arkansas Trust Code as more specifically set out in paragraphs 103 through 110 above.


Does any experienced Club Wyndham owner see any basis for these two allegations, or any of the other allegations in the lawsuit? About the only thing I can see is the mandatory RCI membership that is part of the program fee (the handy TUG Timeshare Comparison Chart shows mandatory RCI membership with Hilton and Disney timeshares). If RCI membership becomes optional as a result of this lawsuit, members would likely have to pay the regular membership price to join RCI instead of the discounted price through the current program fees.

Distribution of "excess funds" has never been an expectation of mine.

 

[chapjim]

I wonder if this will at least drive change? Ie. Members on the board.

I don't expect this action to change anything.

 

[bendadin]

My son said that this is common for federal. He also said to let it ride and he is one of my owners.

 

[Ty1on]

If there was $10 million excess profits last year, that's a good thing for the members that pay the program fee, perhaps no increase.
It's too bad that the bottom feeders want a piece of it.

Of course there will be an increase, silly rabbit! It's Wyndham!

 

[Ty1on]

I'm here because I'm confused about this suit, AND DID NOT RECEIVE A NOTICE.

I may not be a member of the class since my points were all acquired before 2008.

If not, I might intervene in the suit (I am a member of the DC and VA bars, but this is federal practice, so I can readily participate in FL legal proceedings, especially since my own interests are at stake).

I'll definitely be contacting the questions line (1-855-675-3120) to see what is going on here.

If you were a member after March 14, 2008, I believe you are in the class, as it doesn't say something to the effect of "entered membership after March 14, 2008".

 

[Roger830]

Of course there will be an increase, silly rabbit! It's Wyndham!

According to my Assessment Summaries, in 2016 and 2017 there were no Program Fee increases.
A silly rabbit would be looking for a decrease.

 

[Ty1on]

According to my Assessment Summaries, in 2016 and 2017 there were no Program Fee increases.
A silly rabbit would be looking for a decrease.

There will be a $0.02 increase in 2022.

 

[edentone]

I bought in Fairfield in 1999, but I have not received the notice. I guess I will call the 800 number to get more info, though I doubt someone will actually pick up, it will probably be an automated message pointing back to the website.

 

[bnoble]

I wouldn't hold my breath that this means anyone is getting paid. I didn't read the full complaint, but a quick skim doesn't suggest to me much of anything is there. For example, the complaint somehow thinks that the Trust should benefit from the financing of interval sales.

 

[Pendelynn]

We also received this in canda but it clearly states citizens of USA

 

[makersforme]

I received it on Friday and immediately deleted it thinking it was spam. It was sent to my work email address but I am no where on the deed as it is still in just my wife's name. She inherited it about probably close to 30 years ago before we got married. Logged into the account and realized I must have updated the email address to my work account at some point.

 

[Ty1on]

We also received this in canda but it clearly states citizens of USA

Citizenship and residence are not always synonymous.

 

[skimeup]

It does allege that Wyndham does not pay into the trust. If that means that they don't have to pay maintenance fees on the properties/weeks/points they still own, that is a heck of a deal for them and could result in something significant over 13 years...

 

[raygo123]

It does allege that Wyndham does not pay into the trust. If that means that they don't have to pay maintenance fees on the properties/weeks/points they still own, that is a heck of a deal for them and could result in something significant over 13 years...

Are Wyndham owned properties in any trusts? I Know they only own less than 5% of Access.

Sent from my Lenovo TB-X103F using Tapatalk

 

[Ty1on]

It does allege that Wyndham does not pay into the trust. If that means that they don't have to pay maintenance fees on the properties/weeks/points they still own, that is a heck of a deal for them and could result in something significant over 13 years...

They have to pay maintenance fees. The claim may be that they don't pay Club Fees.

 

[troy12n]

@troy12n What did you do?!?

@paxsarah not me...

 

[troy12n]

@troy12n What did you do?!?

@paxsarah not me...

 

[dandjane1]

rickwward, I look forward to reading your thoughts. We acquired points from 1999 thru 2014, and have many questions as well.

 

[rickwward]

Still have not received notice. I'll try to call later today.

 

[Sandi Bo]

I got a postcard yesterday (I never got an email).