Timeshare Legal Issue for Wyndham Timeshare Company
A retired couple has taken legal action against Wyndham Vacation Resorts, their latest timeshare legal issue. They are alleging that the company issued them two Wyndham-branded credit cards, credit limit totaling $40,000, without their knowledge or consent. In a proposed nationwide class action lawsuit, the plaintiffs claim that this incident is not an isolated one and seek to hold Wyndham responsible for its actions. Wyndham, a resort and timeshare company, offers credit cards in partnership with various banks.
The Ashbys, both in their 70s and residents of Indiana, are the plaintiffs in this case. They stated that they were invited to enjoy three complimentary nights at a Wyndham timeshare property in Missouri last July. However, the condition for their stay was attending a timeshare sales presentation, to which they agreed. During the presentation, a sales representative attempted to persuade them to purchase a deeded property. However, later shifted their focus towards buying “points” for future Club Wyndham vacations. Eventually, the couple agreed to make a $3,375 purchase using their credit card.
Issued Credit Cards Totaling $40,000 Limit Without Consent or Knowledge
According to the lawsuit, the salesperson then requested their social security numbers and driver’s licenses. The salesperson claimed it was necessary to secure the best deal. Interestingly, the topic of credit accounts was never discussed during the presentation. However, upon returning home, the Ashbys discovered that both Wyndham and Comenity Capital Bank had issued them individual Wyndham-branded credit accounts. Each account with a $20,000 credit limit—an alarming revelation for the couple.
The lawsuit contends that the Ashbys promptly voiced their concerns to Comenity, resulting in the closure of the accounts the following month. However, Wyndham allegedly stonewalled their attempts to address the issue. The plaintiffs argue that this incident was not an isolated occurrence. They presented Better Business Bureau reviews and media reports that contain similar allegations against Wyndham. They also referenced a whistleblower lawsuit involving a Wyndham employee in the company’s San Francisco office. This lawsuit resulted in a punitive damages award of $12.8 million.
Drawing parallels, the Ashbys compare their case to the 2017 class settlement involving Wells Fargo. The bank was accused of opening accounts without customer consent, resulting in a $142 million settlement. The lawsuit suggests that both cases exhibit a pattern wherein companies establish unrealistic sales targets for employees and subject them to immense pressure to meet those goals. Consequently, employees resort to questionable practices, such as creating unauthorized accounts to fulfill their objectives. The companies, in turn, allegedly turn a blind eye, deny any
wrongdoing, and downplay the extent of the problem until exposed in legal proceedings.
Lawsuit Claims Wyndham Collaborated with Comenity in Fraudulent Scheme
Furthermore, the lawsuit claims that Comenity and its parent company, Alliance Data, collaborated with Wyndham in the fraudulent scheme beginning in 2018. The Ashbys are suing Wyndham under several acts, including the Missouri Merchandising Practices Act, Delaware Consumer Fraud Act, Fair Credit Reporting Act, Unauthorized Issuance of Credit Cards under the Truth in Lending Act and Regulation Z.
In their lawsuit, the Ashbys seek to represent a nationwide Class comprising individuals who were issued a Wyndham credit line without their consent, as well as a Missouri Class. Their demands include a declaration that the alleged practices are unlawful, an injunction preventing Wyndham from engaging in such activities in the future, reimbursement of costs, triple damages, and a jury trial.
Meanwhile, Wyndham faces additional recent timeshare legal allegations of misleading and exploiting customers. In August 2020, timeshare owners filed a class action lawsuit accusing the company of deceiving customers. The complaint was about benefits and subjecting them to aggressive marketing tactics in order to sell worthless points. This lawsuit followed a similar class action filed against Wyndham in February 2020.
If you have ever experienced the issuance of a credit card or credit line without your consent, share your story in the comments below.
Case referenced: Douglas and Suzanne Ashby, et al. v. Wyndham Vacation Resorts Inc., Comenity Capital Bank, Alliance Data Systems Corp., Case No. 6:21-cv-03044-WBG, in the U.S. District Court for the Western District Of Missouri Springfield Division
7 Responses
Windham Vacation Clubs is perpetrating massive systematic identity theft in order to open unwanted credit card accounts under its customers’ names to facilitate its deceptive sales practices of worthless timeshares. My parents have been RCI timeshare owners for over 30 years. Unfortunately, in 2007 RCI was merged with Wyndham Vacation Clubs when both companies were purchased by Cendant. In early 2023, we made an exchange through RCI to stay at a resort run by Wyndham Hotels & Resorts: The Worldmark San Diego – Balboa Park at 1110 A St, San Diego CA, 92101. When I checked into the Worldmark at Balboa Park, the conscierge’s desk offered me an Amazon gift card and a free week of vacation through RCI if I attended a “90 minute orientation” at a different location. So, on February 20, 2023 I was shuttled via a complimentary Uber to a different Worldmark by Windham – Inn at the Park which is located at 525 Spruce St., San Diego, CA 92103. Once there I was introduced to a 21 year old man named Wyatt who engaged me in friendly conversation and presented me with a iPad with a blank white screen which I was told I was required to sign with my finger as a small formality before they began the presentation. What I was not told was the blank white screen was actually the bottom of a credit card application for a Wyndham Rewards Card issued by Barclays Bank of Delaware (a bank that specializes in company branded credit cards). Over the course of my conversation with Wyatt, my social security number and other information needed for the credit card application were stolen through an array of seemingly innocent forms and surveys I was required to complete. After this was done, Wyatt’s sales manager introduced himself and after showing me a picture of a beach resort and a map with a bunch of blue and red dots on it representing RCI and Wyndham resort locations, scribbled some numbers on a piece of paper. First a large number (I think it was around 10k), representing the full cost of the timeshare, then a smaller number representing what I would pay if I accepted their today only offer (I think it was around 6k). Finally he wrote down a number that was between 3 and 4 dollars which I guess was the monthly payment divided by the number of days in a month. I refused the offer and told them not to run my credit. After a bit of arguing, the sales manager called me a crook and stormed off. Then I was moved to a table under an air conditioner that blasted cold air down upon me. As I shivered there, a hispanic woman approached me and gratiously allowed me to put on my sweatshirt. She made some semi-unintelligible statements in a thick accent and told me I just needed to sign a few more things and then I could take the Uber they had hired back to my hotel. I was sent a Docusign from a Roberta Flores, and in my haste to leave I almost signed it but after squinting at my cell phone for several minutes I realized it was a contract for a timeshare billable to a bank account I did not recognize, which I found out later was the Windham Rewards Card they activated under my name with a 20k credit limit. Furious, I demanded they return some paperwork that had my cell phone number and email address because I was asked in the docusign to check a box next to a deceptively worded statement essentially giving them the right to sell my information to their “affiliates”. The hispanic lady sneered at me, refused, lied and said they had already shredded all of the documents.
I was issued a Comenty bank card without being informed at a “owner update” on June 16, 2023.
I just had the same thing happen 8/8/23 and I have left a message 4 times in the last 2 days and the manager refuses to call me back.
I was a Wyndham owner for 11 yrs and never bought more points so I wanted to sell I was told I had to have more points to sell so I got roped in for more money than I can afford I’m a 70 something widow He lied thru his teeth and now I find out it’s not worth anything
Same thing happened 8.15.2019 at Phoenix, AZ resort. Last time we used Shell or Wyndham.
Just left one of their presentations. The girl told me she was going to do a pre-approval..the page on her iPad even said “This will not impact your credit”. Next thing I know I’m approved for a 12k credit card and yes it did impact my credit. I complained but closing the card would be even more damaging. Total crap
We were issued a card without our consent after attending a presentation in December 2019. We are currently Wyndham owners and want to sell. Just got told we can “pay it off and give it back for free.” I don’t think so!