Status of Class Action against Wyndham for Misrepresentations that has been pending for 4 years

[ambere]

Since it's been a year since my last post about the Class Action against Wyndham that has been pending for 4 years, I thought I'd provide an update. I'm not involved in the case in any way, and I don't own any Wyndham timeshares; I have just been loosely following it.

Wyndham filed a Motion for Summary Judgment ("MSJ") asking the Court to dismiss the case as a matter of law. The timeshare owners filed an opposition last month in November 2024. The Timeshare owners' Opposition is attached. The timeshare owners argue that:

"This case involves a host of material fact issues about sales misrepresentations and omissions. In the words of Plaintiff and nuclear systems engineer Joel Wilson Brandon: "I’m upset and angry that we were deceived and lied to just about every step of the way. If we knew everything that was true about Wyndham and the timeshare ownership we would not have purchased it ….”

Plaintiff Reena Smith testified, “ I was “(s)cammed just from the beginning to the end.” “I am not like a genius, but I am not illiterate… I know what I heard versus what I got.”

The timeshare owners state: "Wyndham’s thesis is that none of the Plaintiffs had availability problems and they want to cancel their contracts due to buyer’s remorse. This is pure fiction. Each of the Plaintiffs was induced to purchase based on material misrepresentations..."

 

[Floridaman76]

What was never disclosed to the Plaintiffs is the low percentage of Wyndham Owners who are able to use their timeshares; the low percentage who are able to book; the low percentage who are happy with their timeshares; the low percentage who are able to get their desired destinations; and the low percentage of Owners who are happy with their timeshare purchase.

Insert biggest set of rolling eyes ever...

If you aren't able to find availability where you want to, you simply aren't trying, or are trying to book at the last minute. Despite how bad the website is, this representation of "not being able to book" is a complete fabrication in my experience as an owner

I don't encounter too many unhappy owners on vacation, even at the updates everyone seems happy, which I would think if anyone had an axe to grind, they would do it in these updates in front of other owners.

I just did an update in Steamboat this morning. In and out with my $$$ in 45 minutes. Real friendly guy did the update too, he could "read the room" on us and our not buying more points.

 

[Richelle]

I myself would love to not have to dispel the misinformation the sales people spread, but it’s unlikely to stop. Even if this lawsuit causes them to stop using certain practices, they will find other practices to use. The timeshare industry as a whole is shady. The same practices are utilized across the industry. They are used because they worked. So they are going to keep doing them. If they cannot use them, they will find other shady tactics to use. This lawsuit accomplishes nothing except make the lawyers richer.

 

[Floridaman76]

I myself would love to not have to dispel the misinformation the sales people spread, but it’s unlikely to stop. Even if this lawsuit causes them to stop using certain practices, they will find other practices to use. The timeshare industry as a whole is shady. The same practices are utilized across the industry. They are used because they worked. So they are going to keep doing them. If they cannot use them, they will find other shady tactics to use. This lawsuit accomplishes nothing except make the lawyers richer.

We all agree their sales tactics are beyond shady, but some of the claims in the lawsuit are ridiculous. Not ever able to book? Come on now. In the entire time i've had my ownership i've never not been able to get where I wanted, when I wanted. Hell, i'm at Steamboat right now Christmas week with 3x 2BR DLX units. Booked 2 of them at midnight of the 11 month RARP window and the other I had to book a 1BR at Midnight of the 10 month window, waitlisted for a 2BR and got it a week later.

This is one of the hardest places to get except for Park City and a couple other niche events (Daytona 500, Bike Week, Mardi Gras, New Years eve at Midtown).

Maybe the salespeople tell some prospective buyers they can book anywhere, any time, without any notice, but of all the lies i've heard, that's never been one of them.

 

[jp10558]

Since it's been a year since my last post about the Class Action against Wyndham that has been pending for 4 years, I thought I'd provide an update. I'm not involved in the case in any way, and I don't own any Wyndham timeshares; I have just been loosely following it.

Wyndham filed a Motion for Summary Judgment ("MSJ") asking the Court to dismiss the case as a matter of law. The timeshare owners filed an opposition last month in November 2024. The Timeshare owners' Opposition is attached. The timeshare owners argue that:

"This case involves a host of material fact issues about sales misrepresentations and omissions. In the words of Plaintiff and nuclear systems engineer Joel Wilson Brandon: "I’m upset and angry that we were deceived and lied to just about every step of the way. If we knew everything that was true about Wyndham and the timeshare ownership we would not have purchased it ….”

Plaintiff Reena Smith testified, “ I was “(s)cammed just from the beginning to the end.” “I am not like a genius, but I am not illiterate… I know what I heard versus what I got.”

The timeshare owners state: "Wyndham’s thesis is that none of the Plaintiffs had availability problems and they want to cancel their contracts due to buyer’s remorse. This is pure fiction. Each of the Plaintiffs was induced to purchase based on material misrepresentations..."

IDK, I find Wyndham one of the easiest to get availability with. They certainly beat out HGVC IME. Maybe in 2019 it was impossible because of "mega renters" or something, but in 2024-2025 it's been quite simple to book. You do still have to plan ~7ish months out, but often you don't even have to be right at the minute booking opens up. I just don't believe currently if you called and said find me any resort in the next 10 months that has availability that they wouldn't offer you at least 10 options, probably a hundred.

As to cheaper to rent than to book with points - that varies wildly. Based on the rest of the text, I'm guessing they mean on travelocity, which I doubt it works out cheaper than MFs unless you have really high MF/pt ratio. RCI and some ebay posts I'd believe for some locations at some times. I'll admit I don't actually look at travelocity for timeshare stays though, so maybe it's real cheap. I doubt it, but anything is possible. I just tried for La Belle Masion in April 2025 and 2026 (I'm going in April of 2025, but as it's close I thought I'd try 2026 too to get rid of that variable). Both times it's "sold out" on Travelocity. So not even bookable, but what Travelocity suggests as alternates seem to run from $6,500 to $18,000 for the week. My points are sub $3,000. And this "jives" with almost every time I've tried this. I did try the most expensive booking I've ever done (which La Belle Masion is) thinking that would give the best option for the retail rent to be cheaper.

 

[RENTER]

Insert biggest set of rolling eyes ever...

If you aren't able to find availability where you want to, you simply aren't trying, or are trying to book at the last minute. Despite how bad the website is, this representation of "not being able to book" is a complete fabrication in my experience as an owner

I don't encounter too many unhappy owners on vacation, even at the updates everyone seems happy, which I would think if anyone had an axe to grind, they would do it in these updates in front of other owners.

I just did an update in Steamboat this morning. In and out with my $$$ in 45 minutes. Real friendly guy did the update too, he could "read the room" on us and our not buying more points.

And I roll my eyes when people who have had no problems think others should also have had no problems.

 

[paxsarah]

And I roll my eyes when people who have had no problems think others should also have had no problems.

There’s a difference between no problems and something with a basis for legal action. It’s why a lot of these cases are disappointing. I’m not rooting for Wyndham, but that doesn’t mean the plaintiff has something that will hold up in court.

 

[Floridaman76]

And I roll my eyes when people who have had no problems think others should also have had no problems.

Like I said, people who say they are having problems trying to book are either not trying or are hopeless boomers who can't handle technology. You know, the kind of people who call their children to explain to them how to open an email.

That's not Wyndham's fault that technilogically illiterate people bought their product.

As much as the website sucks, and we all know it sucks, it's at least not so bad that "I can't make any bookings ever". I'm not hearing that level of complete crap from anyone.

 

[Floridaman76]

There’s a difference between no problems and something with a basis for legal action. It’s why a lot of these cases are disappointing. I’m not rooting for Wyndham, but that doesn’t mean the plaintiff has something that will hold up in court.

I would be willing to bet that Wyndham has logs of every time we log into the website. Maybe even logs that have details about what we search, what we try to book, etc.

Bet they could also produce logs that show the plaintiffs didn't put in any level of effort to book, Or maybe not, who knows, the website does suck pretty bad.

 

[Richelle]

Like I said, people who say they are having problems trying to book are either not trying or are hopeless boomers who can't handle technology. You know, the kind of people who call their children to explain to them how to open an email.

That's not Wyndham's fault that technilogically illiterate people bought their product.

As much as the website sucks, and we all know it sucks, it's at least not so bad that "I can't make any bookings ever". I'm not hearing that level of complete crap from anyone.

To be fair, there are people who haven’t been able to login for months and maybe even over a year at this point. The ones I have run across, I told to register a new account. As far as I know, that has always worked but I didn’t always hear back. Their IT team should be registering them for new accounts to get them in, instead of leaving them hanging while they figure it out. Or at least advising the owner to do it. Those people had to call in to book. So while they can book over the phone, it would be true to say they couldn’t book anything on the website.


I don’t disagree with your point as a whole. Most of the time it’s user error, but there are times where it’s not and Wyndham isn’t the best at fixing those issues. Either because it’s a mismanaged IT department, poorly trained vacation planners, or Owner resolution reps who make up answers when the don’t know the correct answer.

 

[RENTER]

Like I said, people who say they are having problems trying to book are either not trying or are hopeless boomers who can't handle technology. You know, the kind of people who call their children to explain to them how to open an email.

That's not Wyndham's fault that technilogically illiterate people bought their product.

As much as the website sucks, and we all know it sucks, it's at least not so bad that "I can't make any bookings ever". I'm not hearing that level of complete crap from anyone.

I am pretty sure no salesperson told them that they have to book at midnight to reserve rooms on the first day of the open window period. Also pretty sure that you are correct they will always be able to book rooms somewhere. Especially during mud season at resorts where no one wants to go to at that time.

This why I would never have bought until I was told I could rent. I did not want to deal with it. But with my 52/50 plan I could find something anywhere and be able to rent it.

 

[Floridaman76]

I am pretty sure no salesperson told them that they have to book at midnight to reserve rooms on the first day of the open window period. Also pretty sure that you are correct they will always be able to book rooms somewhere. Especially during mud season at resorts where no one wants to go to at that time.

This why I would never have bought until I was told I could rent. I did not want to deal with it. But with my 52/50 plan I could find something anywhere and be able to rent it.

There's nothing in any of the official documentation, website or owner guide that says you can book anywhere, anytime. That's a completely bogus expectation made up by the plaintiffs You know when your booking window opens, if you choose to book at midnight at 10 months or noon the next day, or 4 months from then, that's on you.

There are sayings in life, "the early bird gets the worm", etc.

You get more out of everything in life what you put into it.

Or you get the scraps that are leftover...

I can't believe im almost defending wyndham here, but this claim is complete bullcrap

 

[TUGBrian]

allow and record all sales presentations.... recording made available for 12 months to the buyer! problem solved!

 

[rickandcindy23]

allow and record all sales presentations.... recording made available for 12 months to the buyer! problem solved!

This would be fantastic and a game changer for owners who want out of what they bought after being led to believe they bought what they didn't actually get.

I have to give Wyndham big kudos for finally adding our kids to our Wyndham ownership after they disappeared when we got all of our resales transferred to new owners. The kids were on our Bali Hai and Shearwater deeds from day one. Sent proof of their names on each deed.

This victory occurred recently after 2 years of asking the department that handles ownership changes. Then we finally moved this matter up the chain to Michael Brown's department of busy elves. I am thrilled to see all of the kids listed under the contracts they are supposed to own.

Meanwhile, I am seriously considering giving a bunch away again because we simply do not need this much.

 

[Floridaman76]

To be fair, there are people who haven’t been able to login for months and maybe even over a year at this point. The ones I have run across, I told to register a new account. As far as I know, that has always worked but I didn’t always hear back. Their IT team should be registering them for new accounts to get them in, instead of leaving them hanging while they figure it out. Or at least advising the owner to do it. Those people had to call in to book. So while they can book over the phone, it would be true to say they couldn’t book anything on the website.

I don't know anything about that, but one can still call and make reservations, right? I get that is super inconvienient, but its an option

 

[WManning]

This would be fantastic and a game changer for owners who want out of what they bought after being led to believe they bought what they didn't actually get.

I have to give Wyndham big kudos for finally adding our kids to our Wyndham ownership after they disappeared when we got all of our resales transferred to new owners. The kids were on our Bali Hai and Shearwater deeds from day one. Sent proof of their names on each deed.

This victory occurred recently after 2 years of asking ownership changes. Then we finally moved this matter up the chain to Michael Brown's department of busy elves. I am thrilled to see all of the kids listed under the contracts they are supposed to own.

Meanwhile, I am seriously considering giving a bunch away again because we simply do not need this much.

No need to give away, there is a good chance Wyndham will buy it back. At a recent sales presentation I was told there was a very good chance they could unlock the equity I had built up. All you have to do is buy a very small amount of developer points at a very low cost of $29,000. This maneuver (or manure) would entitle you to all the VIP discounts and upgrades that could be rented out to cover ALL future maintenance fees!

 

[jp10558]

And I roll my eyes when people who have had no problems think others should also have had no problems.

Look - it's the sort of claim. If you can't get availability sometime in the next 10 months at any Wyndham resort, for a period of a year, then it seems likely to me that would be the case for darn near any booking attempt. What I don't know is if there was a massive availability change from 2019 - I didn't have any TS then so I can only talk about the last 2 years when I had and used Wyndham. I'm also assuming they're talking about common sizes a la 1BR or 2BR. If you're talking solely 4br PR units, well there aren't a lot of those. Though I question whether a developer purchase in 2019 of $28,000ish would get you points for or a PR account. It's possible what actually happened is the person bought IDK 105,000 pts or something and so never had points to book w 2BR or something. But that isn't the claim.

It's one thing to say I could never get the unit I wanted at 3 months out or something. Some of the claims were they had to take their 4th or 5th choice. Implies to me they were booking late. Now - I imagine the big thing is - will courts

a) take what the plaintiffs claim the salespeople said as being actually said. I would expect you'd need audio recordings of the sales people and they'd have to be legally gotten at the time.
b) agree that the verbal representations muddied or overrode or something what was written down and signed.

They claim to have sales training that I guess shows the salespeople being trained to lie.

Now, not being a lawyer, I generally think you have to go by what's written down.

 

[Richelle]

allow and record all sales presentations.... recording made available for 12 months to the buyer! problem solved!

The only way they would do that, is if they were forced to by law. Even if they were forced to do this, they would still be shady. Just in different ways. “When I said ….i didn’t mean that. I meant this….” And it will sound like a legit miscommunication, even though the sales person knew exactly what they were implying. Still, it would definitely make it harder to be misleading.

 

[Richelle]

I don't know anything about that, but one can still call and make reservations, right? I get that is super inconvienient, but its an option

That’s typically what they do. But keep in mind, it’s not always as simple as “Book me Club Wyndham Atlanta from 1/1 to 1/08”. If the owner cannot log in, they don’t know if those dates are available. So the planner has to look it up. If nothing is available, the owner has to have other options in mind and have the planner look to see if the back up options are available. In a place like Orlando where there are multiple resorts, there is usually something available. So, it’s not a long phone call because the vacation planner can search all of Orlando in one shot for those dates. But places with only one resort, they might have to do separate searches for different cities if the alternative options are far apart. It can be huge hassle. If you vacation multiple times a year like I do, it’s an even bigger hassle.

Oh and let’s not forget the time wasted on hold. I’m VIP and the VIP line usually goes right through to a person. However, non-VIPs have to wait longer. I can understand why people are mad.

 

[Richelle]

Look - it's the sort of claim. If you can't get availability sometime in the next 10 months at any Wyndham resort, for a period of a year, then it seems likely to me that would be the case for darn near any booking attempt. What I don't know is if there was a massive availability change from 2019 - I didn't have any TS then so I can only talk about the last 2 years when I had and used Wyndham. I'm also assuming they're talking about common sizes a la 1BR or 2BR. If you're talking solely 4br PR units, well there aren't a lot of those. Though I question whether a developer purchase in 2019 of $28,000ish would get you points for or a PR account. It's possible what actually happened is the person bought IDK 105,000 pts or something and so never had points to book w 2BR or something. But that isn't the claim.

It's one thing to say I could never get the unit I wanted at 3 months out or something. Some of the claims were they had to take their 4th or 5th choice. Implies to me they were booking late. Now - I imagine the big thing is - will courts

a) take what the plaintiffs claim the salespeople said as being actually said. I would expect you'd need audio recordings of the sales people and they'd have to be legally gotten at the time.
b) agree that the verbal representations muddied or overrode or something what was written down and signed.

They claim to have sales training that I guess shows the salespeople being trained to lie.

Now, not being a lawyer, I generally think you have to go by what's written down.

I wonder how long it will take the lawyers to figure out that Wyndham records some of this meetings through the mystery shopper program. I also wonder if they could even get a subpoena for those.

 

[TUGBrian]

The only way they would do that, is if they were forced to by law. Even if they were forced to do this, they would still be shady. Just in different ways. “When I said ….i didn’t mean that. I meant this….” And it will sound like a legit miscommunication, even though the sales person knew exactly what they were implying. Still, it would definitely make it harder to be misleading.

IMO it would absolutely change the way many salespeople "pitch", knowing they are now on video/audio recording should any disputes come up!

though admittedly I dont ever see this becoming standard practice. sure wouldnt hurt for owners to record their own sales pitches on their phones though!

 

[Richelle]

IMO it would absolutely change the way many salespeople "pitch", knowing they are now on video/audio recording should any disputes come up!

though admittedly I dont ever see this becoming standard practice. sure wouldnt hurt for owners to record their own sales pitches on their phones though!

I didn’t say it wouldn’t change. I agree it would. I said they would still be shady. How they would be shady would change. So instead of outright lying, they would imply stuff and twist words around so that it could mean two different things. Something like:

Owner: can I book a four bedroom presidential at Bonnet creek over Christmas with just 105,0000 points?

Sleazy sales person: You could absolutely book a four bedroom presidential over Christmas with 105,000 points

After purchase:

Owner: you lied. I cannot book a four bedroom presidential over Christmas with 105,000 points.

Sleazy Sales person: you can book over Christmas with 105,000 points. December 25th check in and December 27th check out is 100,000 points.

Owner: I wanted it over Christmas week! You misled me!

Sleazy Sales person: you just said over Christmas. Not over Christmas week. My answer would have been entirely different if you said “week”.

Most likely that salesperson knew full well that owner meant Christmas week. Maybe because earlier in the conversation the owner says they typically take week long vacations. Still, there is no proof the sales person knew they were talking about we week or that they even remembered the part of the conversation where the owner said they typically book week long vacations a.


So this is my long winded way of saying that while recordings will change the way they do things, it will not stop them from being shady. They will continue to be shady and will continue to get away with being shady.

 

[TUGBrian]

dont think there is any perfect solution for sure.

 

[jp10558]

Oh and let’s not forget the time wasted on hold. I’m VIP and the VIP line usually goes right through to a person. However, non-VIPs have to wait longer. I can understand why people are mad.

Yea, if online completely didn't work, I'd be a lot less sanguine about it. I think even if you can't log in, you can get the sort of directory of locations on the site - I'd hope the call center would say something like - look at the locations there, have a date range in mind, and I'll check for you. IDK how anyone made it work pre internet.

 

[Richelle]

Yea, if online completely didn't work, I'd be a lot less sanguine about it. I think even if you can't log in, you can get the sort of directory of locations on the site - I'd hope the call center would say something like - look at the locations there, have a date range in mind, and I'll check for you. IDK how anyone made it work pre internet.

It was a lot more complicated for sure.