January 14, 2022 Order  denying Wyndham Motion to Dismiss First Amended Complaint: Allegations state a claim for violation of the Tennessee Timeshare Act: misleading advertising under the statue does permit recovery for MATERIAL OMISSIONS.
Pending: Motion for Class Cert by 10/2/23, Expert reports by 3/29/24, rebuttal by 5/3/24, MSJ and Daubert by 8/4/24, 5-day Jury Trial 1/6/25
STATUS: TAC  at Issue – Answer 
Jan 14, 2022 Order  denying M2D FAC – fraud pled with particularity, unambiguous language of contract DOES NOT contradict allegations that sales agents concealed material facts, e.g., maintenance fees will increase significantly; need to book up to thirteen months in advance; lack of unit availability because developer does not reserve enough rooms for use by Owners; inability to refinance at a lower interest rate.
Although Wyndham has no duty to disclose lower competitor pricing (e.g., Expedia), timeshare owners sufficiently allege “that Wyndham timeshares have no value and that non-owners have better access and pricing at Wyndham’s own resorts.” Allegations state a claim for violation of the Tennessee Timeshare Act: misleading advertising under the statue DOES permit recovery for MATERIAL OMISSIONS
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Steven & Elizabeth Kirchner for themselves and on behalf of others similarly situated
DLA PIPER LLP