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