NASHVILLE, TN (January 17, 2018)
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
Archambeault, et al v. Wyndham Worldwide, et al., Davidson County Chancery Court, Tennessee, Case #: 18-1-III.
PRESS RELEASE SOURCE: Givens Law Firm
For More Information Contact:
Aubrey Givens, Esq.
Kristin Fecteau Mosher Esq.
Aubrey Givens & Associates, PLLC
231 W. Old Hickory Blvd. Suite B
Madison, TN 37115