Ask RedWeek / July, 2015

Do timeshare owners ever win lawsuits against developers?

Timeshare owners often claim they were lied to during sales presentations. Do timeshare owners have any hope of winning lawsuits against big-budget developers?

There a handful of legal cases around the country where owners and timeshare companies are at odds over contracts, reservations, and promises made during sales presentations. Here are the details on two recent cases that are reverberating throughout the industry.

Owners Win Big, Get Their Money Back, in Wisconsin and Tennessee

Two recent legal cases, one in Wisconsin, the other in Tennessee, may give timeshare owners hope there is, indeed, a light at the end of their timeshare tunnel. As these cases show, sometimes the little guys — rank and file timeshare owners — actually win a case against big brand-name resort developers.

In the Wisconsin case, the Wyndham timeshare chain — the largest, publicly owned timeshare company in the world — agreed to pay $665,404 in restitution to 29 owners as part of a court-approved settlement announced May 29 by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

In the Tennessee case, the state's appellate court upheld a trial verdict awarding $500,000 in punitive damages to a couple whom the court said were deliberately misled and lied to about their timeshare purchase at a Gatlinburg resort owned by Westgate Resorts, the largest privately owned timeshare company in the world.

In the Wisconsin settlement, Wyndham not only agreed to pay restitution to owners, but to rescind their contracts and clear their records with credit companies. The restitution payments ranged from $3,259 to $84,698. Wyndham Vacation Ownership also agreed to pay the state of Wisconsin $99,520 in fines and $62,702 in legal fees.

The settlement resolved a long-running investigation by Wisconsin regulators into consumer complaints filed by Westgate owners who bought timeshares between 2008 and 2013 — alleging unfair trade practices. Wyndham sells timeshares at Glacier Canyon Resort in the Wisconsin Dells and maintains two nearby resorts, Wyndham Tamarack and Wyndham Sundara Cottages.

According to court documents, the state outlined ten unrefuted allegations against Wyndham, most of which focus on misrepresentations by sales people and high-pressure sales tactics, such as telling buyers that gift incentives are only good for one day.

Officially, Wyndham denied any wrongdoing, but the company nonetheless agreed to settle with the owners to avoid further legal prosecution from Wisconsin regulators. In an e-mail to RedWeek following the announcement, Wyndham Vacation Ownership issued this response: "We are committed to ensuring our sales practices are compliant with all regulatory requirements while striving to meet the highest standards of fairness and transparency, and continually look for ways to make the buying process more consumer-friendly. Businesses and regulatory agencies working together is good for our industry and good for consumers, and we are pleased to have a strong record in this regard."

In New York, the Attorney General's office recently announced settlements with Wyndham and Hilton Resorts, "to protect New Yorkers from misleading timeshare practices." Wyndham agreed to stop offering reservation certificates for a timeshare resort known as Midtown 45, prior to regulatory approval of Midtown's offering plan. These certificates, according to the AG's office, "led some consumers to believe they were purchasing an interest in the Midtown 45 timeshare."

Hilton agreed to drop a clause in its timeshare contracts that denied responsibility for representations in sales pitches about reservations, hotel use rights, rentals, resales, and buybacks of timeshare interests.

But the focus here is on Wyndham, which claims to have 900,000 owner families in its vast network of multi-branded timeshare resorts. In addition to drawing attention from regulators, the company has generated 1,657 complaints from consumers to the Better Business Bureau during the past three years, including 544 in the last year. Among those complaints, 1,170 focused on advertising and sales issues while 389 involved services and products. Another 94 complained of collection practices.

Tennessee Appeals Court Upholds $500K Punitive Damage Verdict Against Westgate Resorts

Unlike the Wisconsin case, the Tennessee lawsuit actually went to court. Most timeshare lawsuits never reach a courthouse. Instead, they are settled out of court with confidential agreements between the timeshare owners and the timeshare companies. There are lawyers around the country who proudly specialize in getting owners out of their contracts — by threatening to sue over disclosure problems. Then they settle, and no one talks about the details. The Tennessee case, involving Nathan and Patricia Overton, is noteworthy because their complaints were publicly adjudicated in court.

The Overtons sued Westgate — a $1.4 billion company — to rescind a contract on grounds they were defrauded during their sales presentation and never provided adequate documentation for their $39,280 purchase in 2011. The trial court ruled in their favor and ordered Westgate to rescind the contract and repay their purchase money.

According to the appellate court's Jan. 30 ruling: "The trial court found that the defendant had violated the respective statutory provisions [of Tennessee's TimeShare Law] and was guilty of fraud and misrepresentation."

The court also awarded the Overtons $600,000 in punitive damages to "punish" Westgate for its business practices — which included a pattern, admitted by Westgate officials in court, of misleading potential buyers about their timeshares.

On appeal, Tennessee's high court unanimously affirmed the prior rulings but reduced the punitive damage award to $500,000 to comply with the state's pre-existing cap on punitive damages.

The Overtons story started simply enough. They were vacationing in Gatlinburg, July 2011, looking for a cabin for family vacations. They encountered a Westgate sales booth in Gatlinburg and, after some talk, accepted an invitation for a 90-minute presentation and tour, complete with gifts. At the trial court, the Overtons testified that they ended up enduring eight hours of a hard-sell timeshare pitch. When it was over, they paid $39,280 for Unit 458, based on assurances from the sales team that they could reserve the unit for the same December week every year, and that they could book additional unlimited nights at any Westgate resort for $49 to $69 (so-called owners' nightly rates). The sales people promised, in writing, to refund $1,500 of their sales commissions to the Overtons. They also promised to buy a foosball table for the Overtons' use during their family vacations.

The guarantees about fixed week reservations and unlimited low-cost nights, however, were not put in writing. The Overtons' contract, signed at 11 p.m. at night, specifically stated that their interval was a floating week and unit, not fixed — so they could not be assured the same week and unit annually. Along with the contract, Westgate gave the Overtons a briefcase with all their closing documents and three CD-ROM discs.

The Overtons drove home to Dickson, Tennessee, expecting a followup call from their salesman to confirm their December 2011 stay in Unit 458. It never came. When they followed up with the resort, they discovered that they had no guarantee of securing Unit 458 or the Christmas week they thought they had bought. They then found out, through a series of conversations with Westgate personnel, that they did not have unlimited owners' nights either.

At this point, the Overtons contacted an attorney who reviewed their package of CD-ROMs from Westgate. The attorney discovered that the Overtons had not been provided with a current copy of Westgate's Public Offering Statement, as required by Tennessee law. The CD-ROMs, in fact, contained an outdated POS from 2006 and other illegible documents that could only be navigated by a computer expert.

Four months later, the Overtons decided they'd had enough. On Oct. 25, they formally submitted a rescission letter to Westgate's corporate offices in Florida. Westgate said NO, so the Overtons filed suit to get out of their contract, claiming fraud.

The story got even more unfortunate once it reached the Tennessee courts. The case went to trial in June 2013. The court not only ruled in favor of the Overtons but determined that Westgate had broken the rules of fair disclosure all along the way. Worse, the court said Westgate had deliberately refused to rescind the contract "despite overwhelming evidence" that rescission was justified.

In legal terms, the court ruled that the Overtons had been offered gifts (foosball table and unlimited owners' nights) without proper disclosure; Westgate violated the Tennessee Timeshare Act and Consumer Protection Act and engaged in deceptive practices; Westgate was also guilty of common law fraud and misrepresentation; the court also found Westgate trained its salespersons to make false promises about unlimited owners nights — while knowing there was no written documentation to guarantee the promise.

In October 2013, the trial court held a follow-up hearing to consider the amount of punitive damages that should be assessed against Westgate. After reviewing Westgate's financial status, the court set the punitives at $600,000 based upon the "reprehensibility" of Westgate's conduct. The Overtons were also awarded $136,000 in legal fees.

Westgate, sticking to its legal strategy, appealed the punitive damage award. On appeal, in January 2015, Tennessee's appeals court unanimously reduced the $600,000 to $500,000 to comply with the state's cap on punitives.

The appellate court was not persuaded by Westgate's appeal. "We agree with the trial court's finding that Westgate willfully violated Tennessee Code... and clearly failed to provide the Overtons with a current and complete copy of the POS," the court said. "Mark Barton, executive director of contract processing at Westgate's corporate headquarters in Florida, testified that it was Westgate's policy at that time to provide purchasers with the outdated POS on CD-ROM plus written copies of the amendments. The Overtons, however, never received such written amendments until after this litigation was commenced, even though Mr. Barton testified that all such written amendments had been transmitted to the Gatlinburg resort."

In summary, the appeals court said: "Based on all the proof adduced at trial, the Overtons demonstrated by clear and convincing evidence that Westgate engaged in conduct... that was intentional and fraudulent, and that it willfully violated the provisions of the Tennesee Timeshare Act."

In addition to evaluating Westgate's business practices, the courts examined Westgate's ability to pay punitive damages.

"The trial court opined that, with Westgate's appreciable assets and income, it would 'take a lot of money to make them feel it.' The court noted that in 2011, Westgate generated income of $545,568,329 while owning total assets of $1,389,788,000. In support of the punitive damage award, the trial court observed, 'How are you going to deter somebody with that kind of income? It takes more than a slap on the wrist. What is a lot of money to you and me is very little money to Westgate.'"

Westgate still has a couple of legal options to pursue an additional appeal, but they're not showing their hand. Neither the company nor its attorneys agreed to talk to RedWeek about the case.

About the author

This answer was provided by RedWeek contributor, Jeff Weir. Jeff is a California-based journalist who has covered California, Congress, and the White House. He also has roots in Silicon Valley, where he directed public relations and marketing programs for high-tech companies. He is also a timeshare owner and member of RedWeek.com.

Comments (76)

    Avatar for David S.
    David S.
    Feb 03, 2017

    After 12 years of attempted and successful scams, at what point do I trust leaving a "retainer" up front.. for exit from my time share responsibility?? Do you really understand what timeshare owners are going through when you ask for money up front?

    Avatar for Latisha A.
    Latisha A.
    Feb 23, 2017

    I need help filing a law suit for fraud in Philadelphia PA for New Jersey's flagship??

    Avatar for Yolanda H.
    Yolanda H.
    May 31, 2017

    Hi I'm looking from some legitimate attorneys to file a lawsuit againstant what's used to be gold key Resorts and are now Diamond resorts....how can I go about this

    Avatar for Rebecca L.
    Rebecca L.
    Jun 19, 2017

    Looking for class action against Holiday Inn Vacation Club, Orange Lake Resort.

    Avatar for Nettie B.
    Nettie B.
    Aug 17, 2017

    rebeccal294 I too am having problems please contact me if you are able to shed some light on your issue. Islandgirlnb@gmail.com

    Avatar for Deborah P.
    Deborah P.
    Aug 21, 2017

    After being frauded by Westgate in Gatlinburg we sought assistance through the attorney general in TN which proved to be a waste of time and paper. Our complaint is on file with all the others, but no action was taken. We were advised to look into a lawyer. We were shown a premium 3 bedroom pedestal unit which we decided was what we wanted, but the sales manager came out and said he had found a foreclosure on a 4 bedroom pedestal unit just like the one we saw and it was less money than the 3 bedroom. It turns out when we went to use it for the first time that we had been royally scammed. Our sales contract states that we purchased a pre-construction unit which was to be completed by March of the following year, but the actual unit number listed on that same sales contract is a unit at least 25 percent smaller and completely different sleeping accommodations. And this unit had been completed and in use for 2-1/2 years at the time of this sales contract. That means Westgate prepared a fraudulent contract and knowingly misrepresented this sale. I know the Overton's won their case, but legal fees were 136,000. Not everybody has that kind of money to risk losing. And there are no perks for owners that are not available to the public for rent. We have gone to the water park when school buses loaded with kids pulled up and it was so crowded we, the owners, had to leave. Deborah1115

    Avatar for Chris G.
    Chris G.
    Sep 13, 2017

    We really need to form a class action suit against the lies we all have been told by Westgate sales people. It makes me sick to my stomach that I fell for it.

    Avatar for Floatpool
    Floatpool
    Nov 14, 2017

    I'm about to embark on retaining an attorney to get out of a 23,000 timeshare scam that I signed up for with Wyndham. I missed the rescission time frame (a whopping 6 days) and that was 5 weeks ago. So buyers remorse before we even used it, started a few days after signing up and the nightmare of getting something booked caused us to contact our lawyer. Here's the only advice I can give any of you looking for help...find out if your company offers Hyatt legal services as part of your benefits. At least for 13 bucks a month you get legal advice and that can include them going to court with you. Forget the exit company scammers, because they are as big as vultures as the Time share scammer.

    Avatar for Beatriz S.
    Beatriz S.
    Dec 04, 2017

    I want in on a class action lawsuit against Wyndham. Beasuarez0@gmail.com

    Avatar for Mike P.
    Mike P.
    Dec 07, 2017

    Looking to file class action against Westgate . Lied to and taxes and maintenace keep going up. mpritchard273@gmail.com

    Avatar for Mark O.
    Mark O.
    Feb 05, 2018 (edited)

    I am looking for help in trying to either file a class action suit against Sciota Village Resorts @ Big Valley or just figure a way to escape their insane practices threats and BS they connived on me. Contact Mark @ Markme1@yahoo.com

    Avatar for Maria D.
    Maria D.
    Feb 07, 2018

    Having issues with diamond resorts as well. Had buyer's remorse the day after I signed and called to cancel. Rep lied to me and said I would lose my 4800 deposit and I would need to call back to get a straight answer.

    Avatar for Dee B.
    Dee B.
    Feb 07, 2018

    Looking for class action suits against Wyndham.

    Avatar for Fidel R.
    Fidel R.
    Mar 23, 2018

    Where can I contact a lawyer, I was lied to by Wyndahm and get no results and a bunch of run around

    Avatar for Beverly R.
    Beverly R.
    Apr 11, 2018

    I was scammed by Atlantic Palace in N.J. Same lies everyone was told. Anyone for a class action suit?

    Avatar for Roxann E.
    Roxann E.
    Apr 12, 2018 (edited)

    I too have been lied to by Wyndham, Great Smokies Lodge,Serverville, TN. The young sales woman, told me there was a buy back program for the time share I purchased in Branson, Mo. & they would give me cash money to pay off my current Branson property. She wrote the figures of my existing account on a small piece of paper showing how deducting what I would be paid on the bogus so called "Buy Back Program". She showed me the difference I would be paying w/the new plan. I wish I had taken a picture of the piece of paper she was writing on, proving I'm telling the truth. My 20 year old granddaughter was with me & saw & heard everything I was being told. I kept asking for papers to sign about the buy back program & she & her supervisor told me "not to worry about it, they would handle it." They have also maxed out my pay-pal account, which I can't afford to pay. Yea right. I live in fear of them taking everything I have, putting me on the street! They even threaten to go after my family I die. I need help because I don't have money to defend myself in court. Can anyone help me? I too will join any class action suit against these thieves! I am considering a personal law suit against the sales lady!

    Avatar for Dianne M.
    Dianne M.
    May 01, 2018 (edited)

    Absolutely fair that Westgate Resorts was ruled against in the Tennesee case. This resort failed in integrity, in non-compliance with federal and state timeshare laws, and have willfully deceitful business practices! I was a victim with their Florida resort, requested to cancel based on the untruths told to me, was told No, and I found legal counsel who fought and got my contract canceled. I am now seeking what did NOT happen - my money back that they refused to return, including their ‘Westgate MasterCard’ given me to cover the ‘downpayment.’ I will use the Tennessee Case as he base for my demand, and will go the full extent for recovery and punitive damages. I have ALL documents and communication updates of actions and findings between my law firm and Westgate. They can ‘lose or burn’ whatever rhey choose to get rid of the evidence. My firm sent me the entire file. I was led to believe I was ‘buying’ a Vacation Home for my family, as advertised by the ‘sales hooker’ at Disney World in Florida while on family vacation. I had a ‘mortgage’ payment each month just like a home purchase! It was misrepresented as a Vacation Home but later I found out it was a Timeshare. I don’t DO Timeshares because I know thst drill. When they reported Canceled on my Credit Report they lied, saying it was due to default. My law firm discovered they never filed the ‘sale’ with the Florida Court of Records and Deeds in the required time, and a laundry list of other violations including RESPA Law. The only reason they canceled was because my law firm brought the Feds into the picture, who demanded documents Westgate could not produce. At risk of the wrath of the Feds, they canceled.

    Avatar for Leota E.
    Leota E.
    Jul 03, 2018 (edited)

    How do I find out if there is an class action suit against Wyndham Resorts Timeshares in the Oregon or West Coast area?

    Avatar for James W.
    James W.
    Jul 18, 2018

    Any lawyers out there up for a class action lawsuit against Westgate? If so, please contact myself (mrjwagner93@gmail.com) or any of the other names listed here as well. So many people were lied to during the sales presentation and when it comes time to take advantage of any exchanges or adjustments, there is a fee of $500 or more. You can't exchange your week and go to other locations like it says on the website, unless you pay the excessive fee.

    Avatar for Robert N.
    Robert N.
    Sep 07, 2018

    Wyndham have been going at them since April 2018 , about Club Wyndham and Wyndham Vacation Resorts.

    I was lied to they put me through a 4/6 hour presentation mislead me and my wife, made promises they couldn't keep and availability was 0 as to were I wanted to go. A real SCAM and I fell into it.

    I am a fighter and have Filed complaints with FBI , Federal Trade Commission. BBB, Arizona Attorney General, Florida Attorney General, News Media TV , News Papers etc.

    Wyndham is going to have one of there specialist call me to resolve and refund my money.

    I have stopped all payments to them!

    There is no class action suit against them and that surprises me as a good class action lawyer could really make out with the amount of owners OPTING out or trying to.

    If you would like I could email you and attached copies of what I have made a file of.

    So far I have no Lawyer !

    I am looking for class action suits against Wyndham!

    Robert Kruth rnkruth@comcast.net 352-801-7237

    Avatar for Linda R.
    Linda R.
    Oct 01, 2018

    We have a Wyndham timeshare in Florida but we live in Washington DC. We are seniors and have been told many lies and money constantly increasing and taken from us. Please help

    Avatar for Mimi E.
    Mimi E.
    Oct 21, 2018

    I’m so sad to hear stories re: timeshare scams and people being double scam from timeshare exit lawyers. How can we get laws passed so Timeshare has to run and verify income just like buying a 2nd Real Estate? Timeshare contracts are so iron clad because you are buying real estate, but their income requirement is low FICO score, similar to buying used car. It is a real estate transaction and should have verification similar to closing escrow so it also allows buyers to back out with minimum financial impact.

    Avatar for Danielle R.
    Danielle R.
    Nov 07, 2018

    Anyone have one against Diamond International?

    Avatar for Lisa K.
    Lisa K.
    Nov 10, 2018

    I endured a horrible pressured nonsensical presentation where i was promised my timeshare maintenance fees would be used to “work for me” and buy me more points. I was threatened that the maintenance fees would continually rise if I didn’t invest in obtaining Gold points. They wanted $175,000 from me to purchase more points. I walked out before they had a chance to “sweeten” the deal. Ive been suckered before I dont want to be suckered again.

    Avatar for Freda W.
    Freda W.
    Dec 19, 2018 (edited)

    How do get a law suit started????? My name is Freda Wiseman

    Avatar for Eliiat S.
    Eliiat S.
    Dec 19, 2018

    Pls help .times share is biggest scammer

    Avatar for Hung L.
    Hung L.
    Jan 18, 2019 (edited)

    I'm looking in for class action lawsuit against Hilton Grand Vacation

    Avatar for Jennett H.
    Jennett H.
    Jan 30, 2019

    Looking for a class action law suit against Wyndham. Signed up in New Orleans, LA. They never follow through on their promises.

    Avatar for Jeremy W.
    Jeremy W.
    Feb 19, 2019

    I was scammed by wyndham in dec 2017. Told i would reap enough profits from extra holidays rentals to cover my maintenance fees and timeshare costs and still have money and points left over for my own use. Not the case.

    I've formally submitted a dispute to wyndham but there owner care department has been least bit effective or responsive.

    Need help submitting a case and looking for legit lawyer that is not in on the scam.pls let me know if there's a class action suit i could join. Jpstylz@yahoo.com

    Avatar for Michael C.
    Michael C.
    Mar 03, 2019

    I need a attorney to help represent me against Holiday Inn timeshares they lied to us they told us false information and the guy that represented them was a subcontractor and did not really tell us the truth about anything now they're saying we are stuck with it I need help

    Avatar for Mary S.
    Mary S.
    Mar 16, 2019

    We have a Holiday Inn Orange Lake timeshare since 2013. The salesperson told us we only had that moment to decide at the reduced price. She also said they would rent it out for us anytime we called and asked. We called, the answer was no, we don’t do that. We’re retiring and can’t afford this...anyone know of any legal action in the works?

    Avatar for Francisco C.
    Francisco C.
    Apr 09, 2019 (edited)

    is there a case number for this?

    Avatar for Francisco C.
    Francisco C.
    Apr 09, 2019

    Is there a case number for this lawsuit?

    Avatar for Michael C.
    Michael C.
    Apr 27, 2019

    I would like to find a lawyer to help me take on Holiday Inn Resorts formerly Silverleaf Resorts they lied to us it's hard to get into our Resort and we feel that we was pressured and then they tell us we have to abide what they say I would sure like to talk to an attorney

    Avatar for Jewell O.
    Jewell O.
    Jun 06, 2019

    looking for a class action law suit against Kings Creek Plantation, and Wyndham. bhmedia71@yahoo.com

    Avatar for S. K.
    S. K.
    Jun 20, 2019

    Looking for silver leaf class action suit?

    Avatar for Denise C.
    Denise C.
    Jul 16, 2019

    We are also trying to figure out some way to get us out of our contract with Holiday Inn Vacation Club Orange Lake Resorts. Many of these advocacy groups are scams themselves and we are hoping someone has some insight to a legitimate organization or attorney who can assist with this process. Please email me at northstarc85@gmail.com. It’s hard to believe with all of the people who have gotten suckered into buying timeshares that the government does nothing to help stop them from trapping the consumer for the rest of their lives.

    Avatar for Kiera A.
    Kiera A.
    Aug 04, 2019

    Regarding Sciota Village at Big Valley, I have gone through every channel to file against Sciota Valley. It's a long story, but I have filed with BBB, CFPA FTC & the PA Attorney General's office & have gotten bounced back & forth by all of them. I spoke to Time Share Exit Team, who wanted almost the same amount I "owe" to this predatory loan & they told me that the Time Share sells your time to Price Line, Booking.com & a host of other websites, while you cannot get a stay there. These people employed predatory, misleading & outright untruthful tactics to get you to buy in & then lie about it when confronted. I know they are now owned by Wyndham, Can anyone get me information on how to combat this? I;ve been fighting it without any luck since October of 2016. Degirlznyc@gmail.com Much appreciated!

    Avatar for Ronald B.
    Ronald B.
    Aug 26, 2019 (edited)

    We have been contacted by a legal team in Texas to help them have a salesperson for Exploria Resorts Club formerly Summer Bay license revolked. We kept all of our correspondence with Exploria and the law firm had us send them all of the letters and emails. The law firm told us this was not a suit against Exploria but were representing Exploria. My question is if they are successful in their suit against the salesperson, do we have a legal case against Exploria showing his fraud and lies he made to us during his presentation (by the way it took him six hours to wear us down to purchase). I

    Avatar for Matthew S.
    Matthew S.
    Sep 05, 2019

    Hi I was lied to by Wyndham. I was told I was approved for the down payment money from a credit card. However I was declined, they knew it and got me to sign for $20,000 +. Do I have a case?

    Avatar for Mie C.
    Mie C.
    Sep 18, 2019

    @diannem158 What is the name of your law firm? I need help. Please email me at miecuenco@yahoo.com

    @reedweek and @Jeff Weir Thanks for an informative article.

    Avatar for Diane E.
    Diane E.
    Sep 20, 2019 (edited)

    Looking for relief from Wyndham...they did not accept my call the next day after the meeting that rescinded my agreement and have continued to call incessantly by robocaller ...ruined my credit card which I have always had...who can help...

    Avatar for Jay R.
    Jay R.
    Oct 14, 2019

    I was lied to by Orange Lake Resorts. Looking at the following class action against them: https://bit.ly/2Mhh1VO. Does anybody know about this? They are suing to change jurisdiction and have the case heard outside of Florida, because in Orlando the courts are in bed with the developers.

    Avatar for Latisha S.
    Latisha S.
    Oct 17, 2019

    Latisha s need help filing claim against summer bay Orlando

    Avatar for Thomas H.
    Thomas H.
    Dec 26, 2019 (edited)

    hungl10, Did you find anything against Hilton grand vacations? If so I’m also interested and have another person interested

    Avatar for Eddie L.
    Eddie L.
    Jan 09, 2020

    I am interested in joining a class action lawsuit against my timeshare company in Las Vegas. Does anyone know of a pending class action against timeshare companies in Nevada?

    Avatar for Melanie G.
    Melanie G.
    Jan 12, 2020

    Is there a page for cited information used in this article? I would like to cite the case number, please. Thanks!

    Avatar for Stephanie M.
    Stephanie M.
    Jan 21, 2020 (edited)

    I would like to know if we can sue or at least report a timeshare reseller company for fraudulent statements during the presentation and the fact that I was under emotional distress and heavy medication due to the loss of my mother, that they played on in order to make their sale? We are deeding it back due to my medical conditions and the financial hardship it is also causing us due to rise in insurance deductibles, and have never used the timeshare. Are there any laws in place for consumers like us? We lost about 10,000 for something we never even used and cannot use at this time in our lives. We signed up in Feb of 2018. Didn't even use the "free" vacation or cruise either. So basically we just gave someone $10000 of money we really couldn't afford. How can this be legal???

    Avatar for Barbara E.
    Barbara E.
    Feb 07, 2020

    Has anyone sued a timeshare resort that closed and then tried to force you to transfer deed to another one of their horrible resorts or be billed until the resort sold? I'm currently in this situation. Resort is in South Carolina.

    Avatar for Eugene E.
    Eugene E.
    Feb 11, 2020 (edited)

    I have a Wyndham resort destination Ownership They told us we could Sale it we can let other people use it and they lied about my income I am disabled have not made a payment in over a year NEED HELP I am in Alabama need to join a class ACTION lawsuit

    Avatar for Eugene E.
    Eugene E.
    Feb 11, 2020 (edited)

    I have a Wyndham resort destination Ownership They told us we could Sale it we can let other people use it and they lied about my income I am disabled have not made a payment in over a year NEED HELP I am in Alabama need a class ACTION lawsuit I can join

    Avatar for Eugene E.
    Eugene E.
    Feb 11, 2020

    I have a Wyndham resort destination Ownership They told us we could Sale it we can let other people use it and they lied about my income I am disabled have not made a payment in over a year NEED HELP I am in Alabama need a class ACTION lawsuit

    Avatar for Aisha E.
    Aisha E.
    Feb 11, 2020 (edited)

    Does someone knows anything about this company? They say they work with you to get rid of your timeshare thru a class action suit, but I cannot find much about them only their website. Have someone used them. please contact me if you know something. Here is the information. The American Association of Vacation Ownership Team Address: 11035 Lavender Hill Dr. Ste. 160, 484 Las Vegas, Nevada 89135

    Avatar for Maggie J.
    Maggie J.
    Feb 26, 2020

    Owners at Carriage Hills and Carriage Ridge resorts in Ontario, Canada...developer and management company Wyndham. We have an archaic timeshare agreement containing "In-Perpetuity" clause, one sided bylaws and agreement favour the developer not the consumer. Owners are aging out, delinquencies are 20% and increasing, we are trapped. Wyndham says our legacy resort has no value, no one wants it. We have been asking for an exit strategy since Wyndham took over. They ignore us. Owners are desperate. We have over 2,000 owners on FB at "Carriage Hills and Carriage Ridge Owners". Check out CHCROwners.org. Wyndham making record profits and our own HOA is suing owners for non payment of fees. We are not allowed access to Wyndham's Ovation program...they only want marketable units and they have repeatedly said that we are not...yet they rent their units for less than we pay for maintenance fees. Share this post please...we are trying to reach all owners to make them aware of the financial situation at the resorts and the concerns with ever increasing maintenance fees.

    Avatar for Wen L.
    Wen L.
    Apr 10, 2020

    I am looking to join a law suit against Hilton grand vacations.

    Avatar for 金 勳.
    金 勳.
    Apr 14, 2020

    Westgate Resorts do the another scam to the owners who did not buy the timeshare from them. They did not inform the owners that they will charge $600 for the timeshare exchange banking to their resorts. the owners bought the timeshare from them will buy less than $200 for exchange. This scam needs to be settled.

    Avatar for KC
    KC
    Apr 14, 2020 (edited)

    wenl5 wrote:
    I am looking to join a law suit against Hilton grand vacations.

    And I am looking to win the lottery; we will both likely be disappointed.

    Although I do not own within HGVC, I know from many years of personal timeshare experience that HGVC is very highly regarded by those who own within the HGVC system, actually one of the most popular timeshare "chains" in terms of owner / customer satisfaction. You will be very hard pressed to find "a lawsuit to join" against HGVC. I'll go a step further and say that I would be genuinely shocked if you could ever find one at all --- anywhere.

    Pray tell, what exactly is the nature of your "beef" with HGVC that has you even thinking about a lawsuit against HGVC in the first place???

    Avatar for Shar S.
    Shar S.
    May 23, 2020 (edited)

    There are so many complaints on line about time shares and especially Wyndham and its subsidiary companies. We would also like to find people who are interested in a class action case or have done one. It is hard to find lawyers for that and it seems there are reasons. What Wyndham is doing now, this cross selling and loading people with all sorts of products they never anticipated filled with debt, like credit cards, bank accounts, and so on is exactly what Wells Fargo did - Called cross selling and if you look at the documentary on Dirty Money the Wells Fargo episode is exactly what Wyndham is doing now. There must be a way to stop this and if we keep talking about it and pointing to this dreadful sales practice which targets elders, a protected group, maybe someone will hear us.

    Avatar for Candace C.
    Candace C.
    Jul 08, 2020

    I worked in the world of timeshare for over 2 years (including Diamond). The story I have to tell is eye-opening. In most cases, you were deceived. You have to read my whole story at my blog: https://timesharethewholetruth.com/

    Avatar for Lori K.
    Lori K.
    Feb 14, 2021

    I am amazed that Westgate's deception has gone on for almost a decade now. We purchased at Westgate of the Smoky Mountains in 2011, we did not receive the POS with the first purchase and received the wrong POS with our 2nd purchase. Obviously, Westgate has made so much money with scamming people that even the punitive damages ordered by the court didn't change the way they operate. This article was written in 2015 and comments and complaints continue to surface.

    Avatar for Rose
    Rose
    Feb 20, 2021

    Anyone looking for file a lawsuit with HGVC? Please leave me your contact let's make a group!!!

    Avatar for Stephanie P.
    Stephanie P.
    Apr 13, 2021 (edited)

    Sciota Village at Big Valley I too am a victim to there fraudulent activity. I'm looking to get a class action suit together with a group or help with getting out of something we have never used. These people need to be stopped!

    Avatar for Lori K.
    Lori K.
    May 11, 2021

    Timeshare sales pitches are some of the longest a consumer might encounter. In my opinion they borderline on abuse. I know the consumer is not being physically detained, however, it is harmful. 1) Many timeshare sales presentations last a full day which can be not only physically draining but also mentally draining and studies show that this can cause poor choices to be made. 2) Many times, these extremely long sales pitches are not even providing necessary disclosure that help consumers make informed decision. If salespeople cannot be honest, do not waste a full day spewing untruths. If there is a Non-Reliance Clause in the Timeshare contract this allows a sale agent to lie without consequence and perpetuates asymmetric information or "information failure,” and creates an imbalance of power and bounded rationality. Bounded rationality are limitations that include the difficulty of the problem requiring a decision, the cognitive capability of the mind, and the time available to make the decision. Decision-makers, which is the consumer, end up settling for a satisfactory solution, rather than an optimal solution. Therefore, consumers do not initiate a full cost-benefit analysis to determine the optimal decision, but rather, choose an option that fulfils their adequacy criteria. How is a consumer able to make an informed decision if they are not given full disclosure?

    Avatar for Omkar V.
    Omkar V.
    Jun 28, 2021 (edited)

    Sciota Village at Big Valley I too am a victim to there fraudulent activity. Stephanie P, have you or are you in contact with any attorney? I have been given a notice by them. I am in search of a good defense lawyer. Please pass on any contacts you may have. I really appreciate your help!

    Avatar for Allan J.
    Allan J.
    Aug 05, 2021

    Is anyone interested in a class action lawsuit against Capital Vacations out of Florida? We were told bold face lies at our interview with them in Branson, namely amoung others, for every 100,000 points we give to Capital (from Bluegreen ownership on a 12-1 turnaround) we could get $1700+ to help pay for all the maintenance fees for both Bluegreen and Capital. We found out that we could not give our points to Capital, and if we did, they have no such program regarding $1700+ for every 100,000 points! We had no other reason to buy points from Capital as we have plenty of points from Bluegreen each year. So, now we are stuck with Capital points and maintenance fees. We contacted an attorney who deals with such, and he sent letters......nothing.....we can't afford a lawsuit, of course, but Class Action?? Class Action anyone????

    Avatar for Liberty D.
    Liberty D.
    Oct 06, 2021

    Did you ever get anywhere with Holiday Inn Club Vacation? I feel I was pressured and scammed too?

    michaelc2032 wrote:
    I would like to find a lawyer to help me take on Holiday Inn Resorts formerly Silverleaf Resorts they lied to us it's hard to get into our Resort and we feel that we was pressured and then they tell us we have to abide what they say I would sure like to talk to an attorney

    Avatar for Liberty D.
    Liberty D.
    Oct 06, 2021

    Did you ever find out more information? The link you shared is no longer good and I need help!

    jayr221 wrote:
    I was lied to by Orange Lake Resorts. Looking at the following class action against them: https://bit.ly/2Mhh1VO. Does anybody know about this? They are suing to change jurisdiction and have the case heard outside of Florida, because in Orlando the courts are in bed with the developers.

    Avatar for Liberty D.
    Liberty D.
    Oct 06, 2021

    Did you ever find a way to get out of your timeshare?

    aishae5 wrote:
    Does someone knows anything about this company? They say they work with you to get rid of your timeshare thru a class action suit, but I cannot find much about them only their website. Have someone used them. please contact me if you know something. Here is the information. The American Association of Vacation Ownership Team Address: 11035 Lavender Hill Dr. Ste. 160, 484 Las Vegas, Nevada 89135

    Avatar for Sassy T.
    Sassy T.
    Nov 16, 2021 (edited)

    We have to make alllll TimeShares Illegal them with their outrageous interest and rush practices and owning “nothing” how is that legal!!!!! And yea I’m trying to deal with timeshare but is there really a lawyer to sue ? @rose yes

    Avatar for Cordelia S.
    Cordelia S.
    Feb 02, 2022 (edited)

    I am looking for a business lawyer near Canton, Ohio to help my Husband and I get out of Resorts of America contract.

    Avatar for Clint C.
    Clint C.
    May 25, 2022

    Looking for class action lawsuit against Wyndham timeshare

    Avatar for Liz M.
    Liz M.
    Sep 16, 2022 (edited)

    At what point will timeshare schemes be illegal. Nothing but lies, they don’t let you leave unless you agree to purchase. It is worth nothing after you drop thousands into it not to mention hundreds yearly. They will take your property back but give you nothing for it. It’s so sickening that these companies can do this after say no 50 times. They keep you there for hours at orange lake resort you go in one building and then they take a golf cart 20 minutes away from where you park to pressure you into buying something you keep telling them you don’t want

    Avatar for Michael E.
    Michael E.
    Dec 31, 2022

    The timeshare industry needs class action and regulation. It is full of fraud, scams, and corporate shell games where the rules and fee’s are always changing, usually for the worse. My timeshare company is dishonest and deceptive with almost all foreign accent customer service people who play dumb or are deceptive.

    Avatar for Dawn C.
    Dawn C.
    Apr 20, 2023

    I won my case on March 31,2023 against Big Valley They just called me threatening an appeal. I told them to appeal that,that is their right.. My story with them is as follows .I purchase five weeks total of a term agreement with these very bad actors frim Sciota Village at Big Valley. The ghosted me whenever I tried to make a reservation. I never got to spend not one night yet they charged 10k when 6k was the agreement. They then sued me for maintenance fees when they never honored their contract . They lied repeatedly . They have zero integrity and have very bad business practices. Anyone out there still wanting to launch a class action lawsuit I'm in . I will fight them all the way to the Supreme Court if it is required Now they have really ticked me iff.

    Avatar for Juan C.
    Juan C.
    Dec 30, 2023

    We made a subreddit for Timeshare owners to find and join a class action. Join r/timesharelawsuit today !

    Avatar for David G.
    David G.
    Dec 31, 2023

    I’m a fighter. I went after Bluegreen with the help of a social justice organization called @royalbladeworks on Telegram. They handled my case beautifully. Not only getting me out but with my money in hand. I have recommended these guys to a few who have also recorded successful exit and payment from their timeshares.