Law Firm, Aubrey Givens & Associates, sues timeshare developer Wyndham for alleged abuse against senior citizens.
The law firm based in Nashville Tennessee has filed two mass action lawsuits in alleging fraud, one being of breach of contract, and the other, violations of the Tennessee Timeshare Act, which the firm alleges constitutes elder abuse, against one of the world’s largest timeshare companies, Wyndham Vacation Ownership.
Attorneys Kristin Fecteau Mosher and Aubrey Givens filed two mass action lawsuits on behalf of many elderly timeshare owners pending in Tennessee State Courts in Gatlinburg and Nashville Tennessee area, claiming a pattern and practice of inaccurate statements and consumer fraud by Wyndham sales representatives, in addition to ongoing abuses against timeshare owners.
The claim states that Wyndham explicitly 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.”
The lawsuit also contends that existing timeshare owners have a difficult time making reservations because Wyndham controls and manipulates the system.
All complaints filed with the court have the plaintiffs alleging that they are victims of fraud, along with, illusory trade practices and not been advised of their right to annul the contract within the given time. The allegations state that Wyndham sales representatives purposely misled, deceived and financially affected people who were to purchase Wyndham timeshares, mainly preying on the elderly.
To attend one of Wyndham’s sales presentation, potential consumers must have a minimum annual household income of $60,000. However, there is no such qualification if someone is aged 55 or retired.
“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 claims presented in the court claim that Wyndham never discloses that timeshare points are an illiquid benefit with little or nearly no aftermarket, making it impossible for consumers to resell.
The court papers assert that Wyndham participates in all kinds of illusory tactics, such as selling timeshare points at hugely exaggerated prices. Further accusations included are that during the sales process, Wyndham sales representatives make many deliberate or negligent falsifications to consumers, which are designed by the company to create a false sense of urgency, pressurising owners to obtain new or additional timeshares.
Consumers also stated in the court documents that the Wyndham sales representatives are purposely, vocally informing consumers of things that are untrue, swaying them to sign page upon page of small print documents that when in fact are read thoroughly contradict the representative’s 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.”
Posted on: January 17, 2018
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 0203 519 3808 or email: info@TimeshareConsumerAssociation.org.uk