Timeshare Class Action Lawsuits

We recently received the following comment from one of our users:

My story exactly mirrors many of the other innocent people on this website. I see all the talk about wishing and wanting to do a class action lawsuit but no action. My suggestion is to use social media to our greatest advantage. If everyone starts to make mini videos and start posting them on YOUTUBE, Facebook, etc… they will start to go viral and demand the attention we need to file this suit and win. We should also start mailing in letters to our local news station to prompt media attention. All it takes is a few strong will people to bring light to this situation through the right source. Social media, news, YouTube videos from the thousands of Westgate owners taken advantage of. Then and only then will we all start to make some real progress and retrieve our money back. Let’s take a STAND!!

We realize there may be some frustration among timeshare owners who believe they were taken advantage of. Many of you may wish to join a class action lawsuit against a particular resort, but don’t know where to start. While you might feel better by expressing your thoughts and spreading the word on social media, the only way to truly receive retribution in your situation is to file a class action suit. Below we will outline the basics of class action lawsuits and how you might be able to get involved if you feel so inclined.

What It Is

A class action is a lawsuit in which many plaintiffs who have suffered the same or similar injury class action lawsuitsue one responsible party. This is the best option when there are too many potential plaintiffs to include everyone in a standard personal injury lawsuit. One or a few plaintiffs act as representatives for the entire group (lead plaintiffs), working closely with the attorneys on the case. The other potential plaintiffs are usually only contacted so that they can choose whether or not they wish to opt out or to be instructed on how to receive their share of a damages reward.

If a defendant settles the case or loses the trial, everyone who was victimized by the defendant’s fraudulent tactics is given a percentage of the damages or, if it is too difficult to identify and contact all of the “victims,” a fund is made available to provide damages to anyone who can demonstrate they were harmed by the defendant’s actions.

How To File

Due to the complex nature of a class action suit, the best way to go about filing is to hire an experienced class action attorney. If you or someone else with little to no legal experience tries to file a class action suit without an attorney, you will likely become overwhelmed by the process. If you really want to win your case, it is wise to consider hiring an attorney. While there is no specific number of people required to file a class action suit, there are generally around 30 people who believe they have suffered similar injuries in order for the suit to be practical and cost-effective.

It is also worthwhile to note that the lead plaintiff is not responsible for paying the attorney(s) fees or legal expenses. Class action attorneys take cases on contingent fee agreements and take their fees and pay expenses when they win or settle the case. Also be aware that a judge must approve a class action suit and certify the class before it progresses. The judge must confirm that the case meets the requirements of a class action suit and then must formally certify it as a class action lawsuit before it can move forward.

How To Join

In most class action cases, you don’t have to do anything to join a suit. The attorneys will typically try to find everyone who they believe may have been affected by the defendant’s actions and notify them via mail that they’re part of the lawsuit. Members of the class can then choose to opt out if they want to file a separate lawsuit. If you think you have been overlooked in a class action, however, the best thing to do is to check the legal notices in your local newspaper or search online for information regarding the suit. You should be able to find the names of attorneys associated with the suit and request to be added to the class.

First Steps

So, the first thing to do would be to search and see if you can find a similar class action suit that already exists against your resort. If so, you may be able to join that suit. If not, you might consider starting your own. Identify a few people who are willing to be the lead plaintiffs in the case to approach an attorney to file a suit on behalf of your class. Your attorney will be able to answer any further questions in more detail as the procedure proceeds. If you have luck in filing a class action suit against your timeshare resort, please let us know and we will keep the RCIVIP community in the loop.

9 Responses to “Timeshare Class Action Lawsuits”

  1. Beverly says:

    I have the same horror stories as every other owner has stated. I am waiting for all of us to join a class action lawsuit and shut Wyndham down. I recently attended a presentation from a timeshare exit company who had all of my information and shared with me that owners can’t book because the units are being sold to broker and/travel agencies. The company is selling their timeshares as investment, pressuring us to upgrade, and making us think we have a valued property which in fact owners are selling their Wyndham timeshares on the internet for a penny. Someone needs to step in and shut Wyndham down. This is the 2008 mortgage crisis all over again. Consumers don’t understand what they are buying and the the important disclosures in all of the paperwork.

    Class action lawsuit please!!!!

  2. Donna Mills says:

    Every time. Every freakin’ time we go for an ‘update’ we are asked if we got something in the mail or email about this or that-blah-blah-blah.
    They look at our points and what we own and act so surprised and ask why they had us buy like this! Ya, know like we are idiots. THEN they want us to buy MORE! We can’t afford what we have bc we bought to have a better chance of selling later when we can’t travel anymore.
    Well…… I’d like out NOW!! I’m so over Bluegreen and everything about them and Interval. Hate this BS!!

  3. Jerry Brown says:

    Seems like the lawyers who will sue are few and far between. I saw this article, I am not sure what to do. We were told so many things in our so-called “owners update meeting” and we were really in a high pressure sales presentation for many hours. It ruined our vacation and now we are stuck with something we cannot afford.

  4. Torry H says:

    Very interested. I did not pay as much as some of you folks. But my initial purchase and monthly fee were sold to me as an investment into easy vacation planning etc for the future. Not the hours of phone calls that I have made to first get slotted for a vacation week, or the hours wasted to get a fee refunded that they acknowledged as a mistake on there end. Please let me know if you all are pursuing. Alot of emotional and psychological stress has been created from Wyndham not providing reasonable service. This is not what I was promised. Don’t even get me started on the website….

  5. Jean Cannon says:

    My husband and I have been Wyndham Timeshare Owners since 1990. Honestly, until April of this year, 2017, we have been satisfied with our $135,000 expenditure with Wyndham. However, since the new website was implemented in May of this year we are becoming increasingly aware of the massive shift that has been made at Wyndham. Timeshare owners have lost many of the benefits promised when their contracts were signed, the availability of units has plummeted at all resorts, and some resorts have no availability at all. Wyndham owners continue to receive emails offering them rental units at discounts at resorts where there are no units available for booking. It appears that Wyndham will continue to remove availability and place more units into rental properties. We would like to pursue a class action suit against Wyndham for making our investment and the $500+ monthly fee we pay of no value. Jean and Ken Cannon

    • Steve McNeely says:

      My experience exactly- obviously Wyndham has decided on a new phase after having received the cash for purchases, they are now in the milking phase- take properties for rental or sales pitch enticements or, in some cases, simply terminate agreements with non-Wyndham properties. Only a lawsuit will rectify but I can’t find one online to join.

      • Ashley Tinkham says:

        “Hell hath no fury like a woman scorned”…right? We became aware of the Wyndham scam too late, but not as late as most thank God. I am currently researching how to file a Class Action against Wyndham. I do not want their vulture legal teams to have any of my particulars….but we should probably all gang up on them in court. They prey on people that just want to vacation….that $100 and a free breakfast cost me thousands and almost my marriage….I never thought I would want to sue anyone but this is getting ridiculous. Does anyone know if it matters what state it is started in? For example living in New York but the Time share is Deeded to a property in Kansas? (Just an example).

        • Norma says:

          I am so with you on a class action. I cannot understand why there has not been one already against these theives. I just spent 8 months trying to get out of a contract and they still say I own over $2000 in maintenance fees for this 8 months the property was in rescission. My bank says it is fraud. There’s got to be a lawyer somewhere willing to fight these guys! Where’s our government??

        • Torry H says:

          Very interested. I did not pay as much as some of you folks. But my initial purchase and monthly fee were sild to me as an investment into easy vacation planning etc. Not the hours of phone calls that I have made to first get slotted for a timeshare and then attempt to get a fee refunded that they acknowledged. Please lwt me know if you all are continuing. Alot of emotional and psychological stress has been created. This is not what I was promised. The website….

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