Welcome to the start of another week with Inside Timeshare, to all our UK readers we hope you have a wonderful August Bank Holiday and the weather stays good for you. Today we take a little trip across the Atlantic and report on the latest Class Action Lawsuit against one of the major timeshare developers. This action against Wyndham Hotels and Resorts is just one in a string of actions against the timeshare industry over the years, but unlike the lawsuits in the Spanish Courts this is not about the contracts falling foul of the law, it is more about the tactics employed by the sales staff.
In this latest action which is being brought in Delaware by Mr and Mrs Dubose was originally filed in Illinois, but this case was dismissed as the court ruled the couple jurisdiction in Illinois.
The couple are represented by Herbert Mondros of Margoolis Edelstein, Howard B Brossnitz and Adam Szulczewski.
The Wyndham Timeshare Marketing Tactics Class Action Lawsuit is David DuBose, et al. v. Wyndham Vacation Resorts Inc., Case No. 1:20-cv-01118-UNA, in the U.S. District Court for the District of Delaware.
The whole case centres around the “aggressive” marketing tactics employed by the sales representatives in order to sell the Wyndham points system. We all know that timeshare presentations are “high pressure” and that sales staff do embellish what they are selling, but it would seem now that the consumer is beginning to fight back.
The story of Mr & Mrs Dubose from Georgia goes back to June 2016, when they made their purchase in Florida. It was while they were on vacation in Panama City, Florida, a Wyndham representative offered them a “gift card” and encouraged them to attend a “sales” presentation. Well, we all know what this actually means!
The couple explained that they were told the presentation would only last 90 minutes, but as we have heard from so many it turns into hours. According to the Duboses, their presentation lasted all day.
As usual, the pitch was they would “never have to pay for another vacation for the rest of their lives”, this would save them thousands of dollars. They would also have access to resorts worldwide, including a new resort called Rio Mar, situated in Puerto Rico.
Part of the pitch also included the fact they would be able to leave their timeshare to their children, plus they would be able to “sell” their points or even make money out of them by “renting” them out.
As usual, the offers being made by the sales staff were “only being made for one day” and as we have heard before the price would not be repeated.
The couple also states that the points expire annually if not used, they are charged an annual maintenance fee that increases on a regular basis. According to the couple, using their Wyndham points proved more expensive than booking a vacation via other methods.
We do know that sales staff regularly use tactics such as the purchase is an “investment”, it “will go up in value” amongst other things. But as we all know most of the claims by the sales staff do not appear in the contracts and we also know that most companies will claim “they are not responsible” for what the sales representatives say in the presentation!
Inside Timeshare has often said this, the concept of timeshare is a good one, it is the practices of the sales representatives with the connivance of the developers along with their greed which has turned a good product into one that is now despised.
We wish Mr & Mrs Dubose all the best in their quest for justice, but somehow as we have seen in the past, especially in the US, it is the developers who will triumph in the end.
Link to the original article.