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Wyndham Goes To Court in Tennessee

February 11, 2018

The Timeshare Industry in the US is growing. Timeshare owners are generally happy with their purchases. Timehsare resorts have been reporting high levels of occupancy. The state of the industry in 2016 produced great results.

Inspite of positive trends and increasing sales revenue, there are aspects of the industry that continue giving it a bad name. Aggressive sales ales tactics and misinformation among timeshare owners are still very negative. These negative attitudes are exemplified by the allegations presented in a mass action lawsuit against Wyndham Vacation Ownership, Inc.

Following is the article:

Timeshare Developer Wyndham Sued For Alleged Elder Abuse Against Senior Citizens
By Law Firm Of Aubrey Givens & Associates

Mass action lawsuit seeks compensation under Tennessee law for timeshare owners, especially the elderly, for alleged abuse and exploitation due theft of their money by coercive, fraudulent and deceptive sales practices.

The lawsuit also alleges that current timeshare owners have a difficult time getting reservations, because Wyndham controls and manipulates the reservations system.

NASHVILLE (PRWEB) JANUARY 16, 2018

Timeshare Developer Wyndham Sued For Alleged Elder Abuse Against Senior Citizens By Law Firm Of Aubrey Givens & Associates

A Nashville law firm has filed two mass action lawsuits in Tennessee alleging fraud, breach of contract, and violations of the Tennessee Timeshare Act, which the firm alleges constitutes elder abuse, against Wyndham Vacation Ownership, Inc., one of the world’s largest timeshare companies.

Attorneys Aubrey Givens and Kristin Fecteau Mosher have filed two mass action lawsuits representing a large number of elderly timeshare owners pending in Tennessee State Courts in Nashville and Gatlinburg, Tennessee area, alleging a pattern and practice of false statements and consumer fraud by Wyndham sales agents, and ongoing abuses against timeshare owners.

The lawsuit states that Wyndham specifically targets the elderly. Givens said, “This lawsuit represents a portion of the 500 senior citizens who are our clients who are alleging financial fraud at the hands of Wyndham.”

According to Complaints filed with the court the plaintiffs allege they are victims of fraud, deceptive trade practices and were not advised of their right to rescind the deal until it went into effect. The allegations say that Wyndham sales people intentionally deceived, misled, and financially injured people who were buying Wyndham timeshares, especially targeting the elderly. Wyndham’s advertising states that in order to attend their sales presentation, prospective buyers must have a minimum annual household income of $60,000. There is no such qualification if someone is aged 55 or older, or fully retired.

The lawsuit also alleges that current timeshare owners have a difficult time getting reservations, because Wyndham controls and manipulates the reservations system.

“Every one of our clients has complained that it is difficult to book a room in their choice resorts, even if they have priority booking status,” said Ms. Mosher.

The court documents allege that Wyndham engages in all kinds of deceptive tactics, such selling timeshare points at hugely inflated prices. The lawsuits filed with the court also claim that Wyndham does not disclose that timeshare points are an illiquid asset with little or nearly no aftermarket, making it impossible for people to resell their Wyndham timeshares.

Other allegations included in the court documents state that during the sales process, Wyndham sales agents make numerous intentional or negligent misrepresentations to people, which are designed by Wyndham to create a false sense of urgency, pressuring owners to purchase new or additional timeshares.

Additionally, the court documents allege that Wyndham sales agents are intentionally verbally telling people things that are untrue, only to have them sign voluminous, fine-print documents that directly contradict the representations made to them during the sales presentation.

Mosher said, “If we can make timeshare owners aware of their rights, we can let them know that they have an advocate who will look at their contracts and advise them of their options.”

The cases are: Allen v. Wyndham Worldwide Operations, Inc., Sevier County Chancery Court, Tennessee: Case #18-1-001
And
Archambeault, et al v. Wyndham Worldwide, et al., Davidson County Chancery Court, Tennessee, Case #: 18-1-III.

https://www.GivensLawFirm.com/lawsuits-filed-against-wyndham

For More Information Contact:
Aubrey Givens, Esq.
Kristin Fecteau Mosher Esq.
Aubrey Givens & Associates, PLLC
231 W. Old Hickory Blvd. Suite B
Second Floor
Madison, TN 37115
(615) 248-8600
Although it is an interesting exercise for a small group to take action against an industry leader, what caught our eye was the issue with reservations. Wyndham members are experiencing issues with reservations as are Vidanta members. It is very likely other leading companies are also experiencing similar difficulties managing the reservation process in a way that pleases everyone.

As was discussed at the last two Aimfair Gatherings, the reservation process is frustrating because of the complexities involved. Trying to be fair when levels of investment and ownership vary and members are vying for reservations at the most popular times is difficult at best, and frustrating to the extent of filing a lawsuit.
Vidanta members are not alone when it comes to securing desired reservations. The industry has to deal with a set number of weeks and an increasing number of members. Capacity becomes an issue. Let's all stay tunned as we see how the future unfolds.
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