If you ask to be excluded from the lawsuit and money or benefits are later awarded, you won’t share in those. However, your legal rights are affected, and you have a choice to make now. There is no money available now and no certainty there will be. The Court has not decided whether Fairshare did anything wrong. Fairshare has alleged other defenses to the Class Representatives’ legal claims. It does not believe it violated any fiduciary duties.
If the Class Representatives are successful, changes to the operations of Club Wyndham Plus could occur.įairshare denies the allegations against it. Class Representatives allege that Fairshare violated those fiduciary duties by, among other things, entering into transactions with Wyndham-related entities and maintaining a significant surplus sum of money in the Trust’s Fund account (a “Fund Balance”) that it should have returned to Club Members. Fairshare acts as Trustee for the Trust, and as such, it owes fiduciary duties to Club Members. To join Club Wyndham Plus, Club Members assign their Timeshare Use Interests to the Fairshare Vacation Plan Use Management Trust (the “Trust”). Most Wyndham timeshare owners join Club Wyndham Plus. THIS IS NOT A SOLICITATION FROM A LAWYER.įour Club Wyndham Plus Members-referred to here as “Class Representatives”-sued Fairshare Vacation Owners Association (“Fairshare”) alleging that Fairshare violated its fiduciary duties to Club Wyndham Plus Members (“Club Members”). Fairshare Vacation Owners Association, 6:20-cv-00330-PGB-EJK (M.D.
If You Own, or Previously Owned, a Wyndham Timeshare and Joined Club Wyndham Plus, a Class Action Lawsuit May Affect Your Rights. UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA