Wyndham Sued For Alleged Financial Fraud Against Senior Citizens By Law Firm Of Aubrey Givens & Associates

Elderly allegedly suffer financial abuse by the hundreds


A Nashville law firm has filed several lawsuits in Tennessee alleging fraud, breach of contract, and violations of the Tennessee Timeshare Act against Wyndham Vacation Ownership, Inc., the world’s largest timeshare company.

Attorneys Aubrey Givens and Kristin Fecteau have seven lawsuits pending in State and Federal Court in Tennessee, alleging widespread abuse and consumer fraud by Wyndham and its subsidiaries.

Givens said, “We have over 285 senior citizens who are our clients who are alleging financial fraud.”

According to Complaints filed with the court the plaintiffs allege they are victims of fraud, deceptive trade practices, and were not advised of their right to rescind the deal until it went into effect. The allegations say that Wyndham sales people intentionally deceived, misled, and financially injured people who were buying Wyndham timeshares, especially targeting the elderly. Wyndham’s advertising states that in order to attend their sales presentation, prospective buyers must have a minimum annual household income of $60,000. However, there is no such qualification if someone is 55 or older or is fully retired.

The court documents allege that Wyndham engages in all kinds of deceptive tactics, such as selling timeshare points at hugely inflated prices, and failing to go over the information required when closing a real estate transaction as mandated by the Truth In Lending Act.

The lawsuits filed with the court also claim that Wyndham does not disclose that timeshare points are an illiquid asset with no aftermarket, making it difficult if not impossible for people to resell their Wyndham timeshares.

Other allegations included in the court documents state that during the sales process, Wyndham sales agents make numerous intentional or negligent misrepresentations designed by Wyndham to create a false sense of urgency, further pressuring owners to purchase new or additional timeshares.

Additionally, the court documents allege that Wyndham sales agents are intentionally verbally telling people things that are untrue, only to have them sign voluminous, fine-print documents that directly contradict the representations made to them during the sales presentation.

Fecteau 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.”

The four lawsuits pending in Federal Court can be viewed by logging onto PACER, which is the Federal Court online access system.

The Federal cases are: Devine v. Wyndham Worldwide Operations, Inc., et. al, United States District Court for the Middle District of Tennessee, #3:16-cv-02757

Hogle v. Wyndham Worldwide Operations, Inc., et. al, United States District Court for the Middle District of Tennessee, #3:16-cv-02931

Coggins, et. al v. Wyndham Worldwide Operations, Inc., et. al, United States District Court for the Eastern District of Tennessee, #3:16-cv-316

Sanford v. Wyndham Worldwide Operations, Inc., et. al, United States District Court for the Eastern District of Tennessee, #3:17-CV-00036

Two other lawsuits are pending in Chancery Court in Sevier County, Tennessee: Oswald v. Wyndham Worldwide, et al, case #16-11-358, and Urban v. Wyndham Worldwide Operations, Inc., et al., Case # 17-4-121.

One case is pending in Chancery Court in Davidson County, Tennessee: Little v. Wyndham Worldwide Operations, Inc., # 16-1096-I.

The lawsuits filed in these cases can also be viewed at: 



Orlando Sentinel

The Orlando-based timeshare company affiliated with Wyndham Resorts is battling a whistleblower lawsuit in local federal courts.

A former Central Florida employee of Wyndham Vacation Ownership, Valerie Penate, is alleging that she was fired in October 2014 after complaining of “illegal sales tactics,” the lawsuit says. According to the suit, she worked in Orlando as a support specialist.

Penate is joined as a co-plaintiff by Virginia resident Rhonda Hamilton, who says she was fired after reporting similar issues in November 2012.

“These tactics included lying about and/or misrepresenting the benefits of timeshare ownership, cost of ownership, services and amenities available to owners, and the availability of certain ‘deals’ or incentives available to consumers,” the lawsuit says.

Wyndham has answered the allegations in court already, denying that it violated the law and saying that the employees never informed the company that they had been fired in retaliation.

Penate and Hamilton originally filed their lawsuit late in 2016 in California, where one of their former managers is said to be living. But Wyndham successfully had the suit transferred to Orlando, where courts are very familiar with lawsuits against timeshare companies.

Contact me with a business news tip at pbrinkmann@orlandosentinel.com