New Lawsuit Filed Against Wyndham for Timeshare Fraud – Jobke v. Wyndham
This law suit (Terry Jobke v. Wyndham Vacations Resorts, 3:15-cv-00038-bbc) was filed on January 20, 2015 by Terry and Lauri Jobke against Wyndham Vacation Resorts.
The Jobke complaint states in part the following:
“Terry and Lauri Jobke, previous Wyndham timeshare owners, responded to an offer made to them while they were at Wyndham’s resort in the Wisconsin Dells on May 4, 2014, which required them to attend a presentation by Wyndham in order to get a restaurant gift certificate. They accepted the offer and met with several Wyndham employees on that date.
At the presentation, Wyndham’s salesperson lied to the Jobkes about his position at Wyndham and the product he was selling. He also failed to inform the Jobkes of critical aspects of the offer he was making, characterizing the offer as a new program which would end the Jobkes liability for ongoing maintenance fees.
The Jobkes, trusting that Wyndham was giving them truthful, complete, and accurate information, agreed to the new program. When the Jobkes learned that Wyndham did not provide truthful, complete and accurate information, they tried to get help from Wyndham but Wyndham would not return their calls.
This is an action for damages, injunctive relief and declaratory relief brought by the Jobkes for Wyndham’s violations of: Wis. Stat. § 100.18(1), governing fraudulent representations; Wisconsin Chapter 707, governing timeshare sales in Wisconsin; civil theft pursuant to Wis. Stat. §§ 943.41(2) and 895.446; Wisconsin Administrative Code ATCP 121 on Referral Selling; and intentional misrepresentation.
The Jobkes seek recovery of their pecuniary loss, actual damages, double damages, treble damages, punitive damages, statutory damages and relief, disgorgement of profits, declaratory relief, injunctive relief, and costs and attorney’s fees. The Jobkes had previously purchased timeshares from Wyndham.
16. On May 4, 2014, a Wyndham employee told the Jobkes that if they attended a two-hour presentation they would get a restaurant gift certificate that they could use at a restaurant in the Wisconsin Dells.
17. The Jobkes agreed to attend the presentation later that day.
18. The presentation turned out to be a high-pressure sales presentation made by Wyndham’s employees in an effort to get the Jobkes to make a purchase of another timeshare.
19. Wyndham’s employees who met with the Jobkes on May 4, 2014 were not honest about the product they were selling and used high-pressure sales tactics and sales techniques which violate the laws of the State of Wisconsin in an effort to get the Jobkes to make a purchase on that day.
20. Wyndham has a pattern and history of training its sales employees to lie, engage in high pressure sales tactics, and use sales techniques that violate the laws of the State of Wisconsin in order to sell timeshares.
21. As of May 4, 2014 Wyndham had knowledge that its Wisconsin Dells sales employees lied to customers in order to make sales.
22. As of May 4, 2014 Wyndham had received complaints from customers alleging that its Wisconsin Dells sales employees lied to customers during sales presentations.
23. As of May 4, 2014 Wyndham had knowledge that its sales employees in other resorts around the United States lied to customers in order to make sales.
24. As of May 4, 2014 Wyndham had received complaints from customers alleging that its sales employees in other resorts around the United States lied to customers during sales presentations.
25. The Jobkes told the Wyndham employees numerous times on May 4, 2014 that they did not want to buy anything new from Wyndham and that they could not afford any additional purchase.
26. At the May 4, 2014, sales presentation, a Wyndham employee made the following untrue, deceptive, and misleading statements and representations to the Jobkes:
A. That he was not a salesman, he was a manager.
B. That he was not going to sell them anything.
C. That Wyndham had a new program whereby the Jobkes’ monthly maintenance fees would have an end date.
D. That under the new program the Jobkes maintenance fee obligation would end when they finished making loan payments.
E. That, as part of the new program being offered, Wyndham would combine the Jobkes’ outstanding loan amounts on their current Wyndham timeshares, so that the resulting monthly payment would only be approximately $50 more than they were currently paying on the outstanding loan amounts.
F. That the new program would be based in Wisconsin.
G. That he was throwing in an extra 210,000 timeshare points as an incentive for them to enter the new program.
H. That under the new program all of the Jobkes’ maintenance fee obligations would end on the date the new loan was paid off.
I. That under the new program the Jobkes would end up with only one payment a month to Wyndham.
J. That under the new program the Jobkes maintenance fee obligations would be wrapped into their new loan payment.
K. That under the new program Wyndham would buy back any unused timeshare points from the Jobkes at the rate of $8.00 per thousand points, only if the Jobkes took advantage of the new program that day.
L. That the May 4, 2014 presentation would last two hours.
M. That the offer Wyndham presented to the Jobkes was good only for that day.
27. All of the above statements were not true but made by Wyndham with the intention of inducing Terry and Lauri Jobke to make a purchase that day. The Jobkes believed the statements and relied on them and agreed to enter the new program.
28. The Wyndham representative crunched numbers on a piece of paper and later told the Jobkes that luckily this program would only cost them an additional $32.00 a month above what they were currently paying, rather than the $50 figure provided earlier.
29. As part of the sales presentation on May 4, 2014 Wyndham’s employees used a referral selling plan whereby Wyndham asked Terry and Lauri Jobke for names of people that Wyndham could solicit to attend sales presentations and make purchases, and in exchange offered the Jobkes monetary payments or credits that would pay their maintenance fees. The benefits Wyndham promised the Jobkes for making referrals were not given to the Jobkes before Wyndham used the referral selling plan.
30. Based on all of the information provided by Wyndham on May 4, 2014 Terry and Lauri Jobke agreed to the new program as represented to them.
31. A Wyndham salesperson and a Wyndham document signer met with the Jobkes on May 4, 2014 and engaged in a confusing and misleading presentation of documents related to the new program.
32. The Jobkes were presented with multiple documents, contracts, disclosure forms, booklets, catalogs, and other forms. Rather than give the Jobkes the opportunity to take the pile of documents home to read and review and/or get the advice of an advisor or attorney, Wyndham’s employees rushed Terry and Lauri Jobke through signing on May 4, 2014 and gave brief or no descriptions of the content of the documents. Instead, a Wyndham employee simply indicated places on the forms where signatures and initials were required. Wyndham engaged in this conduct to hide the true nature of the documents and the transaction.
33. Terry and Lauri Jobke entered into a WB-26 Timeshare Contract and addenda with Wyndham, among other documents presented to them on May 4, 2014. According to the WB-26Timeshare Contract, Terry and Lauri Jobke paid a cash down payment of $30,625.18 on May 4, 2014.The WB-26 Timeshare Contract also contained the following terms, among others: Cash Price-$94,466.00; Amount Financed- $64,189.82; Finance Charge – $53,225.38; Closing Costs – $662.50;Total Sales Price – $148,040.38. Also according to the WB-26 Timeshare Contract, Terry and Lauri Jobke would be paying 13.38% interest. They would have to make 120 monthly payments in the amount of $978.46.
34. Under the terms of the May 4, 2014 timeshare contract, the Jobkes are also liable for maintenance fees in an amount of no less than $3,781.44 each year, in perpetuity. The Jobkes have made several monthly maintenance fee payments to date.
35. Many of the representations which were made to Terry and Lauri Jobke at the presentation conflict with or contradict terms of the documents Wyndham had the Jobkes sign on May 4, 2014.
36. Wyndham did not provide Terry and Lauri Jobke with all disclosures required by Wisconsin law including, but not limited to, the disclosures required to be in the Timeshare Disclosure Statement.
37. Wyndham knew that Terry and Lauri Jobke would not receive the benefits of the new program that Wyndham promised at the sales presentation.
38. The documents that Wyndham provided to the Jobkes contain inconsistent and contradictory notices of cancellation rights.
39. One document that Wyndham presented to the Jobkes indicates that Wyndham gave the Jobkes a discount of $56,534.00 on the new program. The Jobkes were not told that they were making a new purchase or that Wyndham was providing a discount to them.
40. The natural effect of Wyndham’s sales practices caused Terry and Lauri Jobke to misunderstand the true nature of the transaction and their rights and duties under the transaction.
41. Wyndham had an obligation of good faith in regards to the timeshare contract with Terry and Lauri Jobke and the duties within Chapter 707 and failed to comply with that obligation.
42. Upon information and belief, Wyndham never recorded the WB-26 Timeshare Contract, or any other documents evidencing the timeshare transaction, with the Sauk County Register of Deeds.
43. After realizing they had been lied to by Wyndham’s employees, Terry and Lauri Jobke contacted Wyndham to try to resolve the problems but could not get a satisfactory response from Wyndham.
44. Terry and Lauri Jobke bought the timeshare points for personal, family or household purposes and not for any business or commercial purposes.
45. To this day Wyndham wrongfully retains funds belonging to Terry and Lauri Jobke.
46. Terry and Lauri Jobke have suffered actual damages as a result of Wyndham’s actions.
47. Wyndham acted maliciously toward the Jobkes and intentionally disregarded their rights.
48. Wyndham engaged in the same conduct with regard to other purchasers and the sales tactics used to get Terry and Lauri Jobke to sign documents are Wyndham’s usual and customary practices.
49. At all times relevant to this lawsuit all Wyndham employees who interacted with Terry and Lauri Jobke or who worked on their timeshare transaction were agents of Wyndham.”