There have been a number of whistleblower lawsuits filed by former timeshare sales agents. While a wrongful termination lawsuit is technically not a whistleblower lawsuit, former Wyndham Vacation Ownership sales agent, Tiffany Birch, did “blow the whistle” on alleged unfair and deceptive practices. Ms Birch filed her lawsuit on December 30, 2022.
There are strong similarities in the deceptive practices described by Ms Birch in her lawsuit, and reports from members and owners of other timeshare developers. In particular, many have reported that their sales agents falsely claimed that maintenance fees will rise dramatically if additional points are not purchased.
Past Wyndham whistleblowers include former Wyndham sales agent Trish Williams. In 2016 a jury awarded Ms William $20 million.
In 2018, ten former Wyndham Clearwater Beach Resort marketing and sales employees filed a lawsuit in Pinellas County, Florida, alleging unlawful sales practices. The case is pending. The former employees allege that a Wyndham Vice President forced them to “engage in, or otherwise resist, unlawful sales practices at the direction of their Supervisors.” One Supervisor advised Plaintiffs to, “forget everything (they) just learned” as they would never make a sale that way.”
CALIFORNIA PLAINTIFF TIFFANY BIRCH’S COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
Case 3:22-cv-02076-BEN-MSB
Excerpts from Tiffany Birch’s lawsuit complaint:
BIRCH reported to WYNDHAM that supervisors were instructing salespersons to falsely tell customers their maintenance fees will increase if the customers do not purchase more products.
BIRCH reported to WYNDHAM that supervisors were instructing salespersons to falsely tell customers that if they do not make a purchase their HOA/maintenance fees are going to triple and quadruple. For example, customers were told that if their maintenance fees are $250 a month now and they do not make a purchase the maintenance will go to $750 a month with the assessments coming to their ownership. This is a complete lie and fear tactic used by WYNDHAM to coerce customers to buy more points or trade their contracts, which are both actions that benefit WYNDHAM.
BIRCH reported to WYNDHAM that supervisors were instructing salespersons to falsely tell customers that if they do not buy a deed they will get assessed on their account and owe extra fees.
This is a case about a company once again valuing its profits over its people, customers, and the law. Plaintiff TIFFANY BIRCH has been wrongfully and unlawfully retaliated against by her employer of WYNDHAM VACATION OWNERSHIP, INC., for disclosing information that her employer was engaging in unlawful acts of fraud and elder abuse through its timeshare sales practices, and for reporting illegal gender discrimination, which WYNDHAM substantiated after an internal investigation, but refuses to correct.
BIRCH suffered adverse employment actions in that she was not put “on the wheel” which is how the best sales assignments are given to employees and saw her income dramatically decrease as a result.
BIRCH reported to WYNDHAM that supervisors were instructing salespersons to utilize a false and nonexistent “buyback” scheme. In this scheme, customers are falsely told WYNDHAM will buy back unused points from customers. In reality, WYNDHAM does not purchase any points back; this is the lie salespeople are instructed to say so customers feel comfortable making a large point purchase.
BIRCH reported to WYNDHAM that supervisors were instructing salespersons to falsely tell customers they will lose a “discount” if they do not purchase on that day. In reality, there is no discount; this is completely made up and is a false high-pressure sales tactic used to coerce the customers to make an immediate purchase.
BIRCH reported to WYNDHAM that supervisors gave direct orders for salespersons to “go in the grey” when pitching to customers, meaning to employ false, deceptive, and illegal sales practices.
BIRCH also reported to WYNDHAM false and illegal sales practices regarding WYNDHAM’S “Vacasa” and “Travelrama” programs. Both of these programs are complimentary programs anyone may use without purchasing any WYNDHAM products. Supervisors instructed salespersons to make representations to customers that Vacasa and Travelrama are separate programs that have some added value. Salespersons are instructed to tell customers they must buy points to be able to “purchase” these programs when in reality these are just names of amenities anyone can use without buying any WYNDHAM products.
This is referred to within WYNDHAM as the “Blue Thread” sales pitch.
As part of the “Blue Thread” sales pitch, salespersons are also instructed by WYNDHAM to lie to customers and tell them they must open a WYNDHAM rewards credit card (another product that benefits WYNDHAM financially) to enrol in these rewards programs.
WYNDHAM purchased “Travel and Leisure” in 2021. BIRCH was told by management that as a result of this purchase, WYNDHAM was going to have a full new collection of inventory, including private homes and Air BnBs. BIRCH and other salespersons were likewise instructed to make this representation to customers to get them to purchase more WYNDHAM products and points. However, this was false.
In reality, WYNDHAM purchased the name “Travel and Leisure,” but there are no additional benefits or inventory to this branch. Nevertheless, WYNDHAM employees are directed by management to sell the “Travel and Leisure” brand to customers and to falsely tell customers they must purchase points to be a part of “Travel and Leisure” moving forward.
Another program being promoted as “the new system” is “Travel Up”. It is a website customers can access to purchase airline tickets, car rentals, cruises, and other travel reservations. WYNDHAM instructed BIRCH and other salespersons to falsely tell customers they can use their ownership points and reward points to make these reservations. This is false. Customers cannot use WYNDHAM ownership or rewards points on this website at all and must pay out of pocket for these reservations.
Two more whistleblowers
We will be reporting on two other wrongful termination lawsuits. Timeshare members deeply appreciate those who are not afraid to speak up when they feel the consumer is being treated unfairly and deceptively. Anyone who feels they have been harmed should report their experience to the Federal Trade Commission by filing a complaint, and “Tell Your Story” to the Consumer Financial Protection Bureau.
https://www.ftc.gov/media/71268
https://www.consumerfinance.gov/your-story/
Editors thoughts
Whistleblowing is an act of making public a wrong, it is a matter of conscience for the person making the call, often with severe consequences to themselves. A famous case which is still ongoing is the “Wikileaks” founder Julian Assange, he has been facing a relentless barrage of legal cases to bring him to trial, spending 7 years holed up in the Ecuadorean Embassy in London.
It cannot be an easy choice to make, putting on the line your career and livelihood, possibly making life difficult not just for yourself but your own family, to protect those you don’t even know. It is a choice many have made and some have paid the ultimate price, without their conscience, many wrongs will never have been put right.
AIT will continue to publish these and other stories for as long as it takes for the industry to change, Whistleblowers are welcome.
That is all for this week, we hope that you all have a good weekend and join us again next week. Baby Dog got caught in the act, trying to sneak up onto the sofa when he wasn’t allowed, face says it all.
Becky
It is astonishing to read the long list of lies. Yet we still hear from thousands in the Facebook Wydham Hostage Group that sales people STILL employ deceitful sales tactics.
Does the DBPR timeshare division realize this yet turn a blind eye?
(Even their complaint section for timeshares, doesn’t list timeshares. This clearly depicts that they want nothing to do with helping thousands of duped consumers: https://myfloridalicense.custhelp.com/app/answers/detail/a_id/2038/kw/complaint).
In the recent State of the Union address, the United States president I spoke about enacting a law to banish “junk fees”. The Administration needs to take a closer look at the long list of unfair Timeshare fees.
Wendell Forsman
We have been with Timeshare Compiance and Carsbad since 2019…when will this end for our benefit from Wyndham?
Jennifer Baker
I hate to comment, but I want to disclose that I work for Wyndham. I have NEVER been coached, trained, or told that any of what is in this article is okay or with Wyndham’s SOP (standard operating procedure). I have been through the two weeks of training, continual coaching, and have worked with the company for over a year. Have I had complaints? Yes. But very few, and I have been able to resolve all but 2. Which those two decided to cancel their membership. And I agree with their reasons to do so. I feel articles like this are super biased. I guess I am too. Do I think any of what they are saying the sale-person should do is right? Absolutely not! Have I ever been trained or taught to do so? Absolutely not! Any of what is listed above would be a terminatable offence. Listed in Wyndham’s guidelines and SOP. And just being a human….if timeshare is for you, then that’s amazing. It is NOT for everyone. I work for Wyndham and I am proud to work for Wyndham. I have many happy owners that contact me all the time. I guess I can’t say more. I know Wyndham is not perfect. But we definitely have codes and amazing managers that are changing how things used to be.
Timeshare Insider
Thank you for your comment, yes there are some agents who work by the rules, but just look at the ones that don’t. You say you have worked there for a year, you are not one of the “old school” and trusted to do what you want, that is the problem, a few bad eggs can break the rules and get away with it. I hope that you will not eventually get “sucked” into the unscrupulous methods which are the subject of these complaints, pressure to sell may change your attitude to save your income that is what you must beware of. Once again thank you for commenting.
Jennifer Baker
And P.S. You CAN use your ownership points for TRAVEL UP, but it is usually and most often NOT a good exchange value.
Timeshare Insider
Bet you can’t say that on your presentation?
Irene Parker
Jennifer, They say where there is smoke, there is fire. Former Wyndham sales agent Trish Williams was awarded, by a jury, $20 million. BBB posted a consumer alert warning about Wyndham, and Yahoo Finance reporter Abigail Fisher wrote an article recommending timeshare stocks because they trick people into signing contracts. She used Wyndham as an example. Wyndham produced, during discovery from one of the 12 lawsuits we’re following, 30, 40, as high as 57 complaints against the same agent without being terminated.
I am grateful you commented, as we welcome hearing from the other side. I am friends with many current and former timeshare sales agent who are as appalled as I am at practices so bad, John Oliver went to the trouble of making an HBO “timeshared” segment that has had over 5 million views. The sentence buried in fine print “I did not rely on oral representations” one attorney calls the “license to lie” clause.
I would like to have you speak with a recent reader who works full time for a church. He is defaulting. His Wyndham sales agent assured him he would arrange a three-way call with Fidelity to sell his Westgate timeshare so he could afford to buy Wyndham. He said to wait ten days to dodge the rescission period. When the agent finally returned a call, he referred the Wyndham buyer to an exit company.
Yes, one can’t help but be biased having listened, since 2016, to over 3,000 timeshare members and owners, many financially devastated. One week three attorneys contacted me, all duped by the same Developer. Doug Shadel at AARP wrote a book “Outsmarting the Scam Artist” explaining why no one is “smart” enough to outsmart a scam artist.
Email Charles if you would be willing to listen (not just hear) the most recent Wyndham caller forced to default. Thank you for trying to do what’s right. I have owned four timeshares over the last 30 years. I loved the industry, but when I bought points only to learn it would cost $10k in maintenance fees, instead of $3,000 booked online, to stay in our desired location, I had it. Reading the contract would not have helped. New York City properties were affiliates.
Jennifer Baker
yes we can
Jennifer Baker
If I EVER feel that I have to go that route, that will be the last day I work there.
Tim from Indy
We bought with Wyndham recently only to realize the sales person we dealt with wasn’t 100% on the level with us. We told the sales person we couldn’t afford to own with Wyndham because we already owned with another company. We were assured that we would could get out of the current property we owned and still owed money on. The sales person also told us we would get all the money we owed and invested into the other timeshare back. The sales person also said they would get on a three way call and help us list our other property. Which they didn’t do. When I contacted the sales person they told me it would be faster if I listed it myself. When we contacted the third party sales company and began the listing process we found out what we were told by our sales person wasn’t true. So we contacted Wyndham to see what could be done to get out of our contract the person I talked to told me I was past the ten day grace period. They also said there wasn’t nothing they could do for us and we knew what we were doing when we signed the contract. Which my sales person told me he would contact me in 15 days to help me list my other timeshare, that never happened and we waited 19 days before we contacted our sales person . This story goes on but what we would like to say is this we are sure not all the sales people at Wyndham operate without integrity or a moral compass. We were honest and truthful with our sales person. We feel we were exploited and were taken advantage of and we will never trust a timeshare sales person ever again. We will make sure every person we talk to knows our story. The bottom line is this, as a sales person you want to make the sale and some don’t care how they make it even if it hurts the consumer that keeps you employed!