PodTV’s February Timeshare Solution or Surrender show, Episodes 49 - 52 includes TARDA board members Jacob Bercu and Sherida Nett. Jake served many years as a timeshare HOA president and treasurer. In Episode 51, Jake and Sherida talked about responsible vs irresponsible timeshare exits. Sherida is a Transaction Coordinator working with Marriott Vacation Club rentals and resales. In Episode 50, Lori Snider and Anne Stephens, our newest TARDA Volunteers, talk about a before and after report. In Episode 52, our one year anniversary show, Judy talks about her extensive efforts to obtain a refund from a listing company that exaggerated the listing price for her Bluegreen points and also how, with support from a TARDA board member, she was able to sell 70% of her Bluegreen points. Three of our February guests were able to resolve their timeshare disputes and exit company disputes - without retaining a third party.    

https//podtv.tv/timeshare-showcase

Legal Updates

We continue to shed light on active duty service members who find their security clearances in jeopardy because of buying a timeshare. Along with Judy, in Episode 52, Retired Air Force Colonel Scott, 26 years served, provides his experienced views about security clearances. Many veterans maintain security clearances post-service, working in military-related careers. The post below has been updated to include a recent filing in Lingard v. Holiday Inn Club Vacations. Five Developers have been sued accused of violating the Military Lending Act (MLA), including Bluegreen Vacations, Westgate Resorts, Holiday Inn Club Vacations, Wyndham/Travel & Leisure, and Hilton Grand Vacations.  

https://tarda.org/blog/43-military/242-military-timeshare-buyers-vs-holiday-inn-club-vacation-bluegreen-vacation-westgate-resorts-and-wyndham-destinations-an-update

Lingard v. Holiday Inn Club Vacations Update

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ANGELIQUE L. LINGARD and SUDARIEN D. SMITH, Plaintiffs, v. HOLIDAY INN CLUB VACATIONS, INC. and WILSON RESORT FINANCE, LLC, Defendants. ___________________________________/ Case No: 6:23-cv-323-JSS-RMN

CONCLUSION 

1. Plaintiffs’ Motion in Limine to Exclude the Expert Report and Testimony of Paul Habibi (Dkt. 74) is DENIED. 

2. Defendants’ Motion to Exclude the Opinions of Plaintiffs’ Proposed Expert Christopher Young (Dkt. 79) is GRANTED. 

3. Plaintiffs’ Motion to Certify Class (Dkt. 72) is DENIED. 

On or before March 14, 2025, Plaintiffs shall file a third amended complaint which omits class action allegations. 

ORDERED in Orlando, Florida, on February 14, 2025.

Kirchner v. Wyndham Destinations Update

The American Arbitration Association Association (AAA) and JAMS are Now Hearing Wyndham Claims Under Consumer Rules

A similar ruling concerning class action certification occurred in Kirchner v. Wyndham. A Delaware court would not certify a class in Kirchner v. Wyndham. Plaintiffs settled individually with a confidentiality clause -- not on a class wide basis. As a result, the Chicago law office of Howard Prossnitz issued the press release below announcing the filing of a mass arbitration against Wyndham/WorldMark. A mass arbitration means that 25 or more individual cases are filed at the same time and administered together. It is different from a class action, but it leverages individual claims. Unlike federal lawsuits against Wyndham, which went on for six years, arbitrations are usually resolved in nine months or less. 

TARDA has focused on complaints that cannot be resolved by reading the contract, or during the contract cancellation period. Claims in 12 lawsuits filed against Wyndham, that we have followed, include claims that cannot be determined by reading the contract, or within the contract cancellation period include:  

Availability, and that unavailable destinations could be booked at times on third party sites like Expedia for less money;

Told a loan could be refinanced at a lower rate;

Told that maintenance fees could be paid by renting out points; 

Not told that using points for car rental, airfare and cruises were more expensive than paying cash;

Wyndham members reaching out to TARDA complain that the two approved Wyndham rental sites don’t cover costs. One retired Baltimore police officer reported that his Wyndham sales agent recommended a program outside of Wyndham. That rental program did work, but Wyndham issued him a cease and desist letter, accusing him of commercial activity! After 20 years as a loyal Wyndham, he was left with no choice but to default.   

News Provided by the Law Offices Howard B Prossnitz on February 05, 2025

Submit an Online Questionnaire For Free Evaluation of Your Claims By an Experienced Consumer Attorney

I am delighted that we have been successful in having JAMS and the AAA administer Wyndham claims under consumer rules. Now Wyndham and WorldMark Owners have a cost effective timely avenue of relief.”

— Howard Prossnitz

CHICAGO, IL, UNITED STATES, February 4, 2025, first published on EINPresswire.com/  

In Bedgood v. Wyndham, 88 F. 4th 1355, the Eleventh Circuit decided in favor of Wyndham Owners. Wyndham has now changed its arbitration clause to be acceptable to the AAA. The AAA will now hear Wyndham/ Worldmark cases. Meanwhile, the Law Offices of Howard Prossnitz was successful in getting JAMS dispute resolution services to also hear Wyndham claims under its streamlined consumer rules. Historically, according to AAA dispute resolution statistics, virtually all Wyndham claims settled. 

For claim evaluation, click here or go to: https://www.cognitoforms.com/JayKumarLaw/WyndhamTimeshareInvestigation
or email: This email address is being protected from spambots. You need JavaScript enabled to view it..

Consumer lawyer Jay Kumar is preparing to file a mass arbitration against Wyndham.   

Mr. Kumar is a 2014 graduate of the University of Chicago Law School. He has experience in arbitrations and consumer class cases. He can file arbitrations for anyone residing in the United States. Submission responses for the intake questionnaire will remain confidential.

At this time, Mr. Kumar anticipates a hybrid fee model, with a flat fee to be paid upfront together with a contingency fee and any applicable statutory fees to be paid by Wyndham. Unlike many timeshare exit companies, you will be dealing directly with a lawyer who is committed to filing legal action if pre-filing settlement is not possible. The fee arrangement will be finalized after the submissions are reviewed, but there will be no charge for reviewing questionnaire responses. Until Owners receive and sign a representation agreement, there is no undertaking of representation.

The American Arbitration Association has developed a special set of supplementary rules for such (mass) proceedings. These rules apply when twenty-five or more cases are filed. Arbitration is much faster and cheaper than a lawsuit. Extensive motion practice is discouraged. Evidentiary hearings may be conducted in person or remotely. Arbitrators are usually lawyers or retired judges. Initial results against Wyndham have been encouraging. There are currently no pending class actions to join. Arbitration is a cost effective economical legal remedy for consumers. Hundreds of Owners have already come forward with claims of deceptive misleading high pressure sales practices. Therefore, a mass arbitration is a particularly useful tool for resolving these claims.

Mr. Kumar will be taking over pursuing Wyndham cases from The Law Office of Howard Prossnitz who has been litigating timeshare owner cases against Wyndham since 2019. Over 550,000 documents have been reviewed and key Wyndham personnel deposed. Former Wyndham executive Danielle Henderson cooperated in the investigation. Former Wyndham sales representatives have also offered their cooperation. Mr. Prossnitz has been contacted by over 200 Wyndham/WorldMark Owners who are interested in securing legal representation to pursue claims.

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Jay Kumar
Law Offices Jay Kumar
+1 312-767-7903
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Please email This email address is being protected from spambots. You need JavaScript enabled to view it.  with any questions.

We thank the Timeshare Law Library for helping us keep up with timeshare court filings.     

https://timesharelawlibrary.com/

If you have an interest in becoming a TARDA volunteer, or to be a guest on PodTV Timeshare Solution or Surrender, to help us bring greater transparency and accountability to the industry, click here to learn more; 

https://tarda.org/get-involved

The 2025 timeshare year has had a robust start. Volunteer Cindy, from North Carolina, led the news this month by sharing her notes taken while attending a presentation hosted by the timeshare exit company, Tradebloc. Cindy appeared on PodTV’s Timeshare Solution or Surrender, Episode 47, January 20. https//podtv.tv/timeshare-showcase

On January 23rd, the Minnesota Attorney General, Keith Ellison, announced a settlement with Tradebloc, Encore Law, and a third exit company, creatively named, Last Resort Consulting. Details of the investigation and settlement can be found in the Minnesota press release and Assurance of Discontinuance linked below. 

According to the report released by Mr. Ellison, 

The Minnesota Attorney General’s Office receives numerous complaints every year from consumers facing burdensome expenses and headaches with purchased timeshares. Common complaints about timeshares concern out-of-control and perpetual “maintenance fee” debts, inability to book desired reservation times, and inability to transfer the timeshare interest once it can no longer be used. 

Because of the growing number of consumers looking to get out of unwanted and costly timeshares, a new industry of “timeshare exit” companies has sprung up in recent years promising consumers a way out. These companies typically are not sought out by consumers but are contacted through targeted mass mailings, online ads, and radio spots.

“Remember, in Minnesota, it is illegal to charge an upfront fee for debt-settlement services.”

Attorney General Ellison cracks down on “timeshare exit” companies

Investigations lead to settlements with three companie that violated Minnesota law in promising relief from timeshare debts; AG to refund nearly $270,000

https://www.ag.state.mn.us/Office/Communications/2025/01/23_TimeshareExit.asp

Assurance of Discontinuance - Tradebloc

https://www.ag.state.mn.us/Office/Communications/2025/docs/Tradebloc_AoD.pdf

More Legal Updates

We continue to shed light on the many active duty service members and veterans that have reported unfair and deceptive timeshare practices, finding their security clearances in jeopardy when left with no choice but to default. Many veterans maintain security clearances post-service working in military-related careers. On November 29, 2024, a fifth Military Lending Act (MLA) lawsuit was filed against Hilton Grand Vacations. The post below has been updated to include this recent filing, as we continue to follow updates on the Bluegreen Vacations, Westgate Resorts, Holiday Inn Club Vacations, and Wyndham/Travel & Leisure MLA lawsuits: 

https://tarda.org/blog/43-military/242-military-timeshare-buyers-vs-holiday-inn-club-vacation-bluegreen-vacation-westgate-resorts-and-wyndham-destinations-an-update

We thank the Timeshare Law Library for helping us keep up with timeshare court filings.     

https://timesharelawlibrary.com/

Acquisitions

Vacatia acquires The Berkeley and DM Management, including Vacation Village and Great Eastern

TARDA has received dozens of complaints from Vacation Village and Great Eastern “owners” unable to give away or sell unwanted timeshares. Barring documented serious medical or financial hardship, these resorts offer no responsible exit. 

https://www.prnewswire.com/news-releases/vacatia-acquires-the-berkley-group-and-daily-management-302341393.html

Vacatia seems to be a rental and resale platform. There is no upfront fee to list a week for sale. With defaults rising, while pursuing delinquent owners, Vacatia can likely aid the resorts in renting out unwanted inventory. 

There are resorts that offer a responsible exit, but even Hyatt and Hilton Grand Vacations have paused their responsible exit programs for an extended period of time. The lack of a viable secondary market, and the impossibility of selling a timeshare with an outstanding loan, forces far too many fiscally responsible people into timeshare default. We hope Club Exploria, Vacation Village, Great Eastern, and Soleil Managment, that offer no responsible exit for unwanted timeshares, will work towards a solution, whether it be repurpose, or on-site or off-site support programs. While some have achieved a deed-back with documented medical hardship, you don't have to prove medical hardship to sell your four bedroom home after the kids move out. Lifestyles change.        

Thank you to all new and returning PodTV guests this month, including Rhonda, Candy, Dennis, Iris, Mohamed, Anne, Cindy, attorney Mike Finn, and board members Sheilah and Sherida. A special shout out to our professional broadcaster, Kim Calhoun, for supporting fellow co-host and board member Irene. PodTV is bringing us together in a way that has never happened before. 

If you have an interest in becoming a TARDA volunteer, or a guest on PodTV Timeshare Solution or Surrender, click here to learn more;

https://tarda.org/get-involved

This timeshare year of 2024, the focus was on active duty military service members and veterans who work in military-related professions. We have heard from hundreds of active duty service members and veterans who found their security clearances in jeopardy because they financed a timeshare. We feel no one serving our country should lose their security clearnance because they financed a timeshare.

This following article, posted December 26, 2024, provides updates on Military Lending Act 2024 filings in Louis vs. Bluegreen Vacations, Steines and Ormesher vs Westgate Resorts, Lingard and Smith vs. Holiday Inn Club Vacations, and Huskey vs. Wyndham/Travel & Leisure.