Florida resident Tom, pictured above, is a 23 year veteran of the Baltimore County Police Department. He organized a protest outside of ARDA’s Spring Conference after learning that Wyndham is one of the finalists for the Award of Excellence.
ARDA’s Spring Conference took place at Hilton Signia, Bonnet Creek in Orlando, March 24 to 26. PodTV broadcasted March 25 on TikTok.
(Episode 56 Monday, March 24 (Marci) and E 57 on TikTok (Tom) on Tuesday. https://podtv.tv/timeshare-showcase
Three very different hostages held against their will - Mexico - Russia - Wyndham
Several news outlets, including NBC Nightly News host, Lester Holt, reported on a Navy veteran of 21 years, Paul Akeo, and his wife Christy, detained in a maximum security prison in Mexico, despite their attorney obtaining a release from their Palace Resort Elite timeshare three years ago.
The Akeos disputed a $117,000 Palace Elite Resorts timeshare purchase. They retained an attorney. AMEX sided with the family and refunded $117,000. They have been to Mexico several times since, but on March 4 they were detained and arrested. The Palace is demanding $250,000, an NDA and a public apology.
An attorney, experienced in timeshare law, offered his insights to TARDA volunteer, Irene Parker, "We as Americans take for granted the system of juisprudence and enforcement we have here, and that the police, in general, can't be used to settle contract disputes. It looks like the couple jailed in Mexico bought a membership with lots of weeks and then sold the weeks in violation of the resort's policies, so the resort canceled their membership. The owners then challenged all payments they made over a two-year period and American Express ruled in their favor. The resort filed a claim asking not only for the amount chargedback, but for the retail value of the reservations used by third parties. My observations are based on the legal document of the police report and my knowledge of the industry - as I have worked on American Express chargebacks both for companies and for consumers. A cancellation notice would probably work to get a refund from American Express as proof that services purchased were canceled. The resort also likely canceled pending reservations."
Asked if he considered the couple guilty. "Well- it is a contract dispute - but the damages are WIDELY EXAGGERATED and I think that is why the Mexico police arrested them and why it makes it complicated for the US Embassy to intervene. The real problem is that the Mexican authorities are taking a dispute over the terms of an agreement and a default on those terms as "FRAUD" which it clearly wasn't. No one would be arrested for a similar dispute in the United States - and no non-corrupted prosecuter in the US would offer to drop the charges if they paid off the company."
Meanwhile, at ARDA’s Spring Conference on Tuesday, March 25, Westgate Resorts sponsored Paul Whelan as guest speaker, the Marine veteran released from a Russian prison. There was controversy about Mr. Whelan's release because of Brittney Griner's relatively quick release. Mr. Whelan served with the Marine Corps Reserve from 2003 to 2008, including service in Iraq. He held the rank of staff sergeant with Marine Air Control Group 38, and was part of Operation Iraqi Freedom.[11] After a court-martial conviction in January 2008 on multiple counts "related to larceny", he was sentenced to 60 days restriction, reduction to pay grade E-4, and a bad conduct discharge.[12][13] The specific charges against him included "attempted larceny, three specifications of dereliction of duty, making a false official statement, wrongfully using another's social security number, and ten specifications of making and uttering[a] checks without having sufficient funds in his account for payment."[15] (Wikipedia)
https://www.nbcnews.com/politics/politics-news/paul-whelan-was-devasted-left-russian-labor-camp-americans-released-rcna176082
NBC Nightly News Lester Holt reports at minute 12:53:
https://www.youtube.com/watch?v=Cke6UC1vG9g
https://nypost.com/2025/03/26/us-news/michigan-couple-paul-and-christy-akeo-held-in-mexican-maximum-security-prison-over-dispute-with-resort-daughter/
Westgate and other finalists for ARDA’s Award for Excellence have been sued, accused of violating the Military Lending Act. Many active duty service members have security clearance concerns because of buying a timeshare for reasons that don’t exist. Some can’t default because of their security clearance. Jon, a Florida resident (Episode 55), is an active duty Army Warrant Officer 1. Since he did not have access to the booking site during the contract cancellation period, there was no way for Jon to know that availability did not align with his military life.
Tom is one of three 20 + year Wyndham members, including two veterans, one 100% disabled, that said they followed the advice of their Wyndham sales agent and bought additional points to rent. Tom was provided with a name of a provider to rent points to cover costs. First time Wyndham buyer Megan, pregnant with their third child, said she bought additional points after being told by her sales agent that renting would cover costs while her husband, a Marine, was deployed to a combat zone. Megan explains on PodTV Episode 36, why Wyndham-approved rental programs don’t work.
Wyndham is protected by the oral representation clause in which timeshare buyers unwittingly agree they did not rely on claims made by sales agents. We are seeking a state lawmaker who would be willing to propose a bill to require Developers to disclose this clause, that attorney Michael Finn described in the New York Times in 2016 as the "license to lie" clause. While this clause appears in other contracts, it is overworked in timeshare transactions.
PodTV’s March Timeshare Solution or Surrender episodes 53 - 56, with co-host Kim Calhoun, and TARDA volunteer and board member, Irene Parker, included industry experts, active duty service members, TARDA volunteers, and those, like Tom, attempting to resolve disputes through the Wyndham Cares Department. Tom was left with no choice but to default. Due to security clearance concerns, Megan’s family can’t default.
https//podtv.tv/timeshare-showcase March Episodes 53 - 56
Episode 53 - Our February 26, 2024, inaugural guest Taya, active duty Army, returned to talk about her life post timeshare debacle, having resolved her timeshare dispute. Brittany, disputing Wyndham, shares how she was left with no choice but to default on her Wyndham loan.
Episode 54 - Finally! VOLQA and MyRESORT Co Op offer an alternative to perpetual contracts, high interest rate loans, and Travel Clubs that demand the purchase of a Travel Club to “get you out of your timeshare” - that likely results in the burden of the Travel Club AND the unwanted timeshare. https://volqa.com/
MyRESORT Co Op is founded by timeshare industry leaders promising change and transparency in timeshare. Sydni and Taylor explain VOLQA. Jeremey with Destination Timeshare https://www.youtube.com/c/DestinationTimeshare and TARDA board member Sherida weigh in. https://volqa.com/myresort-co-op
Legal Updates
MLA Lawsuit update - LINGARD v. HOLIDAY INN CLUB VACATIONS
PLAINTIFFS’ MOTION FOR RECONSIDERATION OF PORTIONS OF ORDER DENYING CLASS CERTIFICATION
Move for the Court to reconsider and vacate the portion of its February 14, 2025, Order Denying Plaintiff’s Motion for Class Certification (the “Order”)
Primary: Plaintiffs assert that the Court’s finding of a fundamental conflict because Plaintiffs and some members of the class used their timeshare points while others did not represent clear error and should be reconsidered to prevent manifest injustice. As this Court is aware from the arguments advanced by Defendants in support of their standing arguments, other service members have also sued other timeshare sellers attempting to have their rights determined pursuant to the Military Lending Act (MLA). The Court’s determination of a fundamental conflict—based solely on the fact that some class members used their timeshare points—sets a precedent that, if left uncorrected, could prevent the certification of any class action challenging unlawful timeshare loans under the MLA. This ruling risks thwarting the very purpose of the MLA and the rights it protects by making it functionally impossible for servicemembers to seek collective redress for systemic violations in the timeshare industry. Given the significant impact this holding could have on at least five pending class actions, as well as future efforts to enforce the MLA in this context, reconsideration is warranted to prevent that unintended but manifestly unjust outcome.
Two adverse arbitration awards
Oklahoma residents purchased three times from Wyndham. According to affidavits filed by the plaintiffs, at the last upgrade, they left their son sleeping at 7:00 am. At 8:30 the mom was told she had to sign documents to get her son. She returned to their room. She found herself locked out and her son was locked in. When she returned to the presentation room, she was told her husband had to sign documents before they would release her son.
They purchased 200,000 points in 2021 for $38,774, and two prior purchases in 2018. Wyndham was awarded $91,207.91 on balance of two contracts and post-judgment interest. A lawsuit was originally filed in Tennessee state court by an attorney with The Timeshare Law Firm. Wyndham removed to federal court and then compelled arbitration, then counterclaimed.
Pope v Wyndham is an arbitration award from last year, but this month the court denied the owners' petition to vacate the arbitration award (due to lack of prosecution) - the owners were represented by The Abrams firm aka The Timeshare Law Firm.
The Popes filed a complaint that was removed to federal court then went to arbitration, Wyndham counterclaimed and won $47,365.05 plus prejudgment interest of 8% stemming from the point of default to the date of this judgment, and post judgment interest of 10.5% (entire unpaid principal balance of $38,601.78, plus unpaid monthly maintenance fees of $8,763.27)
The attorney representing the plaintiffs commented, “I’m glad the crusade continues in my absence.” He no longer practices timeshare law.
Attorney Howard Prossnitz is pursuing a Mass Arbitration against Wyndham. His response to the adverse outcomes:
The Oklahoma residents and Pope awards need to be considered in the context in which they arose. The adverse awards should not be read as reasons to never file timeshare arbitration cases. Rather, they point to the need to frame claims carefully and to consider starting in arbitration forums, rather than court. Both cases started out as court filings where plaintiffs sought to avoid arbitration clauses. Trying to void arbitration clauses in court is often an uphill battle.
However, in Bedgood v. Wyndham Vacation Resorts, Inc., 88 F. 4th 1355 (11th Cir. 2023) the Eleventh Circuit concluded that Wyndham's prior arbitration clause which limited jurisdiction to Orange County, Florida, and limited the scope of recoverable damages was not enforceable. Plaintiffs there started by filing arbitration demands which the American Arbitration Association (AAA) declined to hear. Wyndham has now revised its clause, and the AAA is administering cases against Wyndham.
In the Oklahoma residents, the Claimants only gave limited testimony at the arbitration hearing. The arbitrator found inconsistencies between Claimants' affidavits and deposition testimony. In addition, the award found that Claimants had not relied on certain oral representations made by the salespeople. Further, no depositions were taken of Wyndham sales representatives. In Pope, the specific claims of the owners were contradicted by written provisions of the contract. To date, a relatively small number of arbitrations have been filed against Wyndham given the fact that there are over 830,000 owners. It is too soon to draw general conclusions as to the efficacy of the arbitration mechanism as an avenue of relief. Arbitration is clearly faster and cheaper than court litigation.
To date, a relatively small number of arbitrations have been filed against Wyndham given the fact that there are over 830,000 owners. It is too soon to draw general conclusions as to the efficacy of the arbitration mechanism as an avenue of relief. Arbitration is clearly faster and cheaper than court litigation.
Attorney Michael Finn: If claimants want to win arbitrations, they have to arbitrate in locales as far away from the resort as they can and have arbitrators that are not dependent on resort business.
PodTV Producer an Attorney Nick Paleveda: My opinion on using arbitration is NOT good. In some cases you may as well protest to the timeshare company as many arbitrators are conflicted - or favor the timeshare company so they can receive another arbitration case. Some do not disclose direct conflicts - and if you protest to the AAA they do....nothing.
SMITH v. WESTGATE RESORTS - DEFENDANT’S MOTION FOR SANCTIONS against The Timeshare Law Firm
Westgate Resorts moves for sanctions as follows: This case is just one of over sixty (60) frivolous, often time-barred, cookie cutter lawsuits that Plaintiffs’ counsel, or her firm, The Timeshare Law Firm, has filed, which are devoid of merit and demonstrate a blatant disregard for Rule 11’s requirement of a reasonable pre-suit investigation. These cases, most of which are identical in their fraud-based allegations, involve different timeshare companies selling different timeshare products at different times to different purchasers. Even a superficial investigation, much less one that is compliant with Rule 11, would have shown that the complaint filed in this case presents claims that are clearly time-barred, relies on law that is plainly inapplicable, presents causes of action that are plainly not actionable.
A Florida public records request was filed by Westgate protesters in 2022. Of the 585 complaints filed, nearly half reported being told they could rent out their timeshare to cover costs. The oral representation clause prevailed. Andrew Ormesher, breifly a Plaintiff in Steines vs Westgate, was dismissed as a plaintiff because he was enrolled, but not activated with the Utah Air Force National Guard. Andrew reported that he was sold a 4 BR Westgate unit as a rental investment. Andrew and his wife have a six year old daughter, so in no way would they have needed a 4 BR unit. Andrew was in the process of transferring from the Idaho to the Utah National Guard to be closer to his family. The security clearance concern led to his involuntary separation from service. He served ten years. He had intended to serve 20.
Thank you to all who donate your time or treasure to further our cause. Contact us here if you would like to become more involved:
https://tarda.org/get-involved
Your TARDA Team
Court Filings obtained from the Timeshare Law Library https://timesharelawlibrary.com/
Updated 3/28/25 at 11:20pm EST
