NASHVILLE, TN (JUNE 02, 2017) — A Nashville law firm has filed several lawsuits in Tennessee alleging fraud, breach of contract, and violations of the Tennessee Timeshare Act against Wyndham Vacation Ownership, Inc., the world’s largest timeshare company.
Attorneys Aubrey Givens and Kristin Fecteau have seven lawsuits pending in State and Federal Court in Tennessee, alleging widespread abuse and consumer fraud by Wyndham and its subsidiaries.
Givens said, “We have over 285 senior citizens who are our clients who are alleging financial fraud.”
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. However, there is no such qualification if someone is 55 or older or is fully retired.
The court documents allege that Wyndham engages in all kinds of deceptive tactics, such as selling timeshare points at hugely inflated prices, and failing to go over the information required when closing a real estate transaction as mandated by the Truth In Lending Act.
The lawsuits filed with the court also claim that Wyndham does not disclose that timeshare points are an illiquid asset with no aftermarket, making it difficult if not 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 designed by Wyndham to create a false sense of urgency, further 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.
Fecteau 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 four lawsuits pending in Federal Court can be viewed by logging onto PACER, which is the Federal Court online access system.
The Federal cases are: Devine v. Wyndham Worldwide Operations, Inc., et. al, United States District Court for the Middle District of Tennessee, #3:16-cv-02757
Hogle v. Wyndham Worldwide Operations, Inc., et. al, United States District Court for the Middle District of Tennessee, #3:16-cv-02931
Coggins, et. al v. Wyndham Worldwide Operations, Inc., et. al, United States District Court for the Eastern District of Tennessee, #3:16-cv-316
Sanford v. Wyndham Worldwide Operations, Inc., et. al, United States District Court for the Eastern District of Tennessee, #3:17-CV-00036
Two other lawsuits are pending in Chancery Court in Sevier County, Tennessee: Oswald v. Wyndham Worldwide, et al, case #16-11-358, and Urban v. Wyndham Worldwide Operations, Inc., et al., Case # 17-4-121.
One case is pending in Chancery Court in Davidson County, Tennessee: Little v. Wyndham Worldwide Operations, Inc., # 16-1096-I.
The lawsuits filed in these cases can also be viewed at:
Aubrey Givens & Associates, PLLC
The Law Office of Kristin Fecteau, PLLC