Chavez et al v. Wyndham Vacation Resorts, Inc. et al

Case Number: 2:20-cv-01222

Last Updated: April 16, 2021

Status

At issue

Location

District Court, Clark County , A-20-815334-C

Presiding Judge

Magistrate Judge Danie l J. Albregts

Date Filed

06/29/2020

Highlights

Elderly timeshare owners survived a statute of limitations challenge to their complaint for fraud and deceptive trade practices.

Case Posture

Claims:

Timeshare owners — an elderly couple who are not native English speakers — allege that they would not have purchased Wyndham timeshare interests had Wyndham not misrepresented to them that timeshare values increase over time, are easy to rent and to resell. They claim common law fraud and statutory false advertising and unfair and deceptive practices related to their purchase of Wyndham timeshare interests for $18,100 and $23,734. The timeshare owners allege that Wyndham Vacation Resort misrepresents that it provides timeshare owners with free tickets to sporting events such as Dallas Cowboys games and to amusement parks, and that the timeshare owners’ language barrier played a role in their lack of understanding of the purchase terms.

Posture:

Timeshare owners survived Wyndham’s statutory limitations challenge to the fraud and deceptive trade practices based on the delayed discovery rule. The court dismissed a claim for statutory false advertising, finding that the statute does not provide a private cause of action. The court also dismissed the claims against the Wyndham sales representative as facially apparent and thus time-barred. Wyndham has responded to the complaint and the case is at issue.

Selected Events:

2/17/2020 – Order Denying in Part and Granting in Part Wyndham’s Motion to Dismiss – The court denied Wyndham’s motion to dismiss the following claims on statute of limitations grounds:

8/19/2020 – Timeshare Owners file their opposition to Wyndham’s Motion to Dismiss.

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Docket link

Operative Complaint

Critical Orders

Critical Briefs

Transcripts

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Parties

Plaintiffs: Socorro Chavez, Juan Chavez

Plaintiffs’ counsel: Jorge L Alvarez, Mark Albright of Albright Stoddard Warnick & Albright

Defendants: Wyndham Vacation Resorts, Inc.,

Wyndham Resort Development Corporation TERMINATED : 07/17/2020

Wyndham Worldwide Operations, Inc. TERMINATED: 07/17/2020

Wyndham Vacation Ownership, Inc. TERMINATED: 07/17/2020

Joseph Young TERMINATED: 07/17/2020

Tom S. Palmer TERMINATED: 02/17/2021

Defendants’ counsel: Michelle D Alarie of Armstrong Teasdale LLP