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Class action lawsuit filed against Wyndham (Worldmark)

PA-

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The lawsuit has now been greatly expanded.

1) The suit now includes both our beloved developer (Wyndham), and the individual members of the Board of Directors.

2) The original suit alleged that Travelshare (and specifically FunTime) was a violation of the declaration and bylaws. Now the complaint has been expanded to include these areas, which should be of GREAT interest to those of us that have alleged the exact same things for years:

- Violation of the "relative use value" clause in the declaration. In other words, raising the credit values at the new resorts. Several owners have been working on calculating damages based on this violation. Current estimates are at about 1/2 $BILLION$. If it can be shown that the board and Wyndham colluded on this (which should be self-evident), it may become an anti-trust issue, with treble damages.

- The expanded complaint alleges that the Wyndham dominated board violated their fudiciary responsibility to the owners, instead catering to the profit needs of Wyndham. Go figure? Who woulda guessed that?

There is much more. The details can be found on the TRAVELSHARE DISCUSSIONS section of wmowners.com Finally, after all this time, perhaps, just perhaps, justice may be served.


The request by the Plaintiff's to amend the lawsuit (as outlined in my quote above) was GRANTED by the judge. So now the board is a defendent, and the complaints were expanded to include most, if not all, of the most aggregious abuses that Wyndham has been committing against the owners.

Bad news is that delays matters by a few weeks.
 

RichM

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The request by the Plaintiff's to amend the lawsuit (as outlined in my quote above) was GRANTED by the judge. So now the board is a defendent, and the complaints were expanded to include most, if not all, of the most aggregious abuses that Wyndham has been committing against the owners.

Bad news is that delays matters by a few weeks.

To clarify - only certain current and former board members are now defendants: Gene Hensley, David Herrick, John Henley, Peggy Fry and John McConnell

EDIT: Technically they're not defendants, yet. The motion for leave to file the amended complaint was granted, but the amended complaint hasn't actually been filed yet. The plaintiff's have until Friday to file the amended complaint but these are the 5 names mentioned that will likely be additional defendants per the proposed amended complaint filed on Sep 14.

___________________
WorldMark Owners' Community -
WMLogo-sig.gif
- www.wmowners.com
 
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BocaBum99

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(This is not for anyone in particular - open to ALL WM owners)

And just how much money will make all this correct - and we know who will pay for this; we, the WM owners will pay for all this in one way or another.

Are there any guesses as to:

1) How much will the law firm make? A hard number, rounded to the nearest Million is ok.

2) What will WM owners get in coupons or other forms of compensation. A hard number, rounded to the nearest nickel is ok.

3) What will WM/WN have to do to correct these allegations - programs cancelled or modified.

4) What possible "new" programs can replace what WN had and how these new programs could be worse.


If we can't answer these questions just why would anyone be happy - I'm not, I know exactly what will probably be the outcome. Higher MFs or "New" fees to pay for "New" worthless benefits.


Before any of us think we can outsmart a billion dollar company with a few lawyers-for-hire we should try to envision how WN will retaliate - because they will.


I'm perfectly happy with sticking with the status quo and finding ways to exploit WN to my benefit. I don't know how to react to forced unknowns that will, undoubtedly, benefit those slick lawyers on both sides of the fence.

In general, I believe class action law suits only serve to enrich the law firms. I believe that to be the case with RCI.

In the WorldMark case, I believe the Plaintiffs have a good case. I think they have a better than average chance to win.

If the Plaintiffs win, Wyndham's eggregious pillaging of WorldMark will be signficantly curtailed. That is good for owners. That will leave more for you to exploit.
 

larry_WM

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In general, I believe class action law suits only serve to enrich the law firms. I believe that to be the case with RCI.

In the WorldMark case, I believe the Plaintiffs have a good case. I think they have a better than average chance to win.

If the Plaintiffs win, Wyndham's eggregious pillaging of WorldMark will be signficantly curtailed. That is good for owners. That will leave more for you to exploit.

What do you and me get if the Plaintiffs win. A bigger bill for maintenace fee. Or even a special assessment. Get real.
 

BocaBum99

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What do you and me get if the Plaintiffs win. A bigger bill for maintenace fee. Or even a special assessment. Get real.

Hmm, here are just a few things we get:

1) We get 2 bedroom units bookable at 10000 credits and 1 bedroom units bookable at 8000 credits. Instead of the 15000 credits and higher.

2) We eliminate TOT (transient occupancy taxes) when they aren't required like in Indio.

3) We preserve the underlying resale value of our credits. They have tanked at least $.10/credit in the last year due primarily to Travelshare.

4) We get more influence in the choice of new locations. Who cares about Galena and Oklahoma?

5) More oversight over the management company to ensure that they are acting in our best interest.

By the way. Thank you for being devil's advocate. The more you post, the more the real situation manifests itself for all to see.
 

larry_WM

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Hmm, here are just a few things we get:

1) We get 2 bedroom units bookable at 10000 credits and 1 bedroom units bookable at 8000 credits. Instead of the 15000 credits and higher.
.
It's bookable but you can't book it because it's too cheap and people already book far in advance. I don't care to book in San Diego ig it's cheap. It's fully book for this credit level, why change? Don't you know what supply and demand law?
2) We eliminate TOT (transient occupancy taxes) when they aren't required like in Indio..
I don't think we can eliminate that. Wyndham doesn't pocket this. They have to turn in to the local government. Try to sell something and collect the sale tax and don't turn in to IRS. You will be in jail soon

3) We preserve the underlying resale value of our credits. They have tanked at least $.10/credit in the last year due primarily to Travelshare..
Who care? Are you going to sell you ownership? Good! I wish it going lower so I can buy more
4) We get more influence in the choice of new locations. Who cares about Galena and Oklahoma?.
Other care. It's your subjective opinion.

5) More oversight over the management company to ensure that they are acting in our best interest..
Not sure about that
By the way. Thank you for being devil's advocate. The more you post, the more the real situation manifests itself for all to see.
I am experienced enough to be happy with the status quo. Ask your dad for advice about this.
 

BocaBum99

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Larry,

Keep thinking whatever you want. I'm not going to try to change your mind.

Your whole thought process is exactly how the timeshare sharks make a living. They count on apathetic owners to prey on.

Good luck on your mission to maintain the status quo.

For the record, I am not a consumer activist. Nor am I very active on the wmowners board.

I do appreciate and can understand the difference between wacko owners trying to destroy a reputable company and thoughtful owners trying to protect their property rights.

Since this group is trying to protect their property rights, my vote is with them.
 

larry_WM

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I do appreciate and can understand the difference between wacko owners trying to destroy a reputable company and thoughtful owners trying to protect their property rights.
.


No, you don't.
 

melschey

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What do you and me get if the Plaintiffs win. A bigger bill for maintenace fee. Or even a special assessment. Get real.


A bigger MF. I think we can count on a 5% increase every year from now on out, not because it is needed, but because that is the naximum allowed.

Because Wnydhams management fee is the total club profits or 15% of the budgeted operating expenses whichever is the smaller, anything that increases the club profits goes to Wyndham. Increased MFS help increase club profits thus more money for Wyndham
 

melschey

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No, you don't.


Why are you so concerned with protecting with the interests of Wyndham and its shareholders and don't seem to care what is happening to the owners of WorldmarkTheClub? When I read your post I somehow remember hearing all of this from some TimeShare salesmen. In fact I almost feel like I am attending a sales presentation.
 

larry_WM

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A bigger MF. I think we can count on a 5% increase every year from now on out, not because it is needed, but because that is the naximum allowed.

Because Wnydhams management fee is the total club profits or 15% of the budgeted operating expenses whichever is the smaller, anything that increases the club profits goes to Wyndham. Increased MFS help increase club profits thus more money for Wyndham
I own other TS in addition to WM, and their MFs increase more than 5% every year. I am worry about a big assessment because of the frivolous lawsuits.
 

larry_WM

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Why are you so concerned with protecting with the interests of Wyndham and its shareholders and don't seem to care what is happening to the owners of WorldmarkTheClub? When I read your post I somehow remember hearing all of this from some TimeShare salesmen. In fact I almost feel like I am attending a sales presentation.

I don't protect the interests of Wyndham and its shareholders . I care about myself and my owners friend. I don't see I benefit anything from this lawsuit one way or the other way. Lawsuit only makes lawyers rich !
 

cruisin

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A bigger MF. I think we can count on a 5% increase every year from now on out, not because it is needed, but because that is the naximum allowed.

Right on!! Our fees will go up the maximum 5% every year because Wyndham can raise them 5%, it has nothing to do with costs, only to do with lining their pockets.

Just for the record, Dues have skyrocketed to the maximum since Wyndham took over, long before the illegal behavior of our BOD resulted in a lawsuit, and from what I understand, the funny thing is, started by someone not associated with wmowners.com at all. :rofl:
 

cruisin

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I don't protect the interests of Wyndham and its shareholders . I care about myself and my owners friend. I don't see I benefit anything from this lawsuit one way or the other way. Lawsuit only makes lawyers rich !

Some people care about Worldmark the club....
 

larry_WM

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Right on!! Our fees will go up the maximum 5% every year because Wyndham can raise them 5%, it has nothing to do with costs, only to do with lining their pockets.

Just for the record, Dues have skyrocketed to the maximum since Wyndham took over, long before the illegal behavior of our BOD resulted in a lawsuit, and from what I understand, the funny thing is, started by someone not associated with wmowners.com at all. :rofl:

You got to feel lucky because it lockd at 5%. I don't know if you ever own other timeshare, if not, ask your friend.
 

Tia

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This sounds so like the same argument from a couple ts owners at my one timeshare, ts owners who have been appointed by our developer Wyndham . Guess time will tell at my resort if more damage comes from owners trying to maintain control.


sometime the wrong care causes more damage than the no care
 

zuzupetals

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Hi Perry,

I caught your remark about the Transient Occupancy Tax and that peaked my interest. What exactly happened between our board, Wyndham and California?

I just booked at West Yellowstone and was also charged a tax. We are property owners, not hotel guests. We've already paid property taxes, etc.
 

zuzupetals

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Does anyone have the WorldMark TravelShare lawfirm's website / phone number? I called them earlier in the year and they thought they'd have info for owners by May. I've misplaced their number and want to follow up.
 

mtribe

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I don't protect the interests of Wyndham and its shareholders . I care about myself and my owners friend. I don't see I benefit anything from this lawsuit one way or the other way. Lawsuit only makes lawyers rich !


I agree that lawsuits make the lawyers rich and would not have chosen the route of a lawsuit myself. Infact I openly discouraged that idea when people mentioned lawsuits as an alternative in various timeshare forums like this. However someone did chose the route of a lawsuit and once that route was taken all that can be hoped for is a quick and positive outcome.

I do believe that there is a great deal of benefit that could come to individual owners as a result. More open communication among a broader group of owners being first and foremost. Perhaps more open communication from the BOD itself.

Your access to resorts and your friends access to resorts are directly impacted by each new resort that comes in with higher credit values and low occupancy through credit use. These are three key components of the lawsuit that will impact every owner.
 
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