Timeshare cancellation Attorney Susan Budowski has filed 8 regulatory complaints on behalf of her clients, Rosalyn and Roger Howard, alleging deceptive business practices and fraud by Wyndham Vacation Resorts, Inc., and Wyndham sale’s representative, Roberto Bryson, a Florida licensed Sales Associate. Her investigation into the fraud allegations is on-going, but the preliminary findings are deeply disturbing.
Under sworn affidavit, Roger and Rosalyn Howard, nearly 70 years of age, attest that Wyndham sales representative Roberto Bryson made several false and misleading statements of which they detrimentally relied on to make their decision to move forward with purchasing the timeshare. According to the allegations made by the Howards, based on their personal experiences:
Roberto Bryson conveyed that parking was free at La Cascada in San Antonio. The Howards have copious notes they took during the sale’s presentation supporting this. They later found out that parking is $22.00 a day. To seniors on a fixed income this is a substantive issue.
Roberto Bryson further conveyed that “everything” is included in their ownership – there would be no additional fees. Simply not true.
Roberto Bryson also stated they would have enough points to stay
2 to 4 consecutive months annually with the purchase of 400,000 points for $58,379.
Roberto Bryson stated their resort points can be used for hotel points, however Mr. Bryson also failed to disclose there are fees associated with this.
Mr. and Mrs. Howard soon discovered they were lied to and this would cost far more than Roberto Bryson said it would and once they became aware of the actual truth, they immediately opened a complaint with Wyndham’s Owner Care on May 12, 2018 which was slightly over a month after their purchase. As of November 30, 2018, it was still “under review”.
Wyndham was provided with two pages of notes from the Howards taken during the sale’s presentation that corroborates their sworn affidavits of their interaction with Wyndham representative and licensed Sales Agent Roberto Bryson.
Wyndham was provided with sworn affidavits from both Rosalyn and Roger Howard detailing the events that occurred. Wyndham also received an 8 page initial letter with corroborating attachments detailing the Howard’s fact pattern.
Wyndham on two occasions failed to accept any responsibility for Roberto Bryson’s acts and issued two denials to the Howards keeping them from canceling their contract and getting their money refunded.
While Wyndham states that it has sales policies and guidelines for representatives like Mr. Bryson to follow, many times that is not the case in huge organizations with commissioned sales positions like Mr. Bryson’s. Attorney Budowski points to the “fine print” language pulled from Wyndham’s massive documents.
“Purchase and Security Agreement language:
17.General Provisions. “...No representation or warranties, oral or written, other than the representations set forth in this Agreement and the Offering Plan, any and all other documents executed at the same time as this Agreement and the Offering Plan, have been relied upon by the Parties.”
So here we have a situation where a senior couple has copious notes, and according to the Howards’ documentation, has identified the falsities communicated by Wyndham’s representative, Mr. Bryson, in order to coerce the Howards into purchasing the timeshare. According to a preliminary analysis and legal opinion, Mr. Bryson is in violation of Wyndham’s own sales policies and guidelines. Additionally, the Howards presented the evidence to Wyndham’s Owner Care and then Wyndham’s Consumer Affairs department, along with sworn affidavits attesting to the facts in a timely basis. Wyndham’s response was that they signed the contract; ignoring the facts in this case and allowing their sale’s agent to basically convey whatever it takes to make a sale without any repercussions. Where is the investigation of Mr. Bryson’s conduct? Their matter remained in Owner Care “under review” for over 6 months until the Howards were forced to hire legal counsel. How is that Owner Care, Budowski asks?
“Mr. and Mrs. Howard are both 69 years of age. Roger Howard is a veteran of the United States Airforce. “This is unacceptable for our seniors and a veteran to be taken advantage of in this manner,” Budowski adds.
She believes, based on her legal opinion, that Wyndham employees/agents are also in violation of Florida’s Consumer Protection Statute 501.2077, Violations involving senior citizen or handicapped person; civil penalties, (2) A person who is willfully using, or has willfully used, a method, act, or practice in violation of this part which victimizes or attempts to victimize a senior citizen or a person who has a disability is liable for a civil penalty of not more than $15,000 for each such violation if she or he knew or should have known that her or his conduct was unfair or deceptive.
Attorney Budowski is hopeful this matter will bring the attention of an executive at Wyndham to do the right thing, cancelling the Howard’s contract and issuing the Howards a full refund.
About Attorney Budowski
Susan Budowski is the leading timeshare attorney in the United States. Operating out of Florida, considered the timeshare capital of the world, Attorney Budowski has helped thousands of timeshare owners since converting her law practice to exclusively handle timeshare matters in 2010. Ms. Budowski has been selected for AVVO’s Client’s Choice Award 7 Years in a Row. 2019, 2018, 2017, 2016, 2015, 2014, and 2013, and she was honored with the Guardian ad Litem Award of Excellence 2016, volunteering for abused and neglected children by the Orange County Bar Association.
She was admitted to the Florida Bar May of 2004 and was added to the Roles of the Law Society of England and Wales in August 2012 as an English Solicitor, allowing her to practice law in nearly 40 countries.
Attorney Budowski is also the Chairman & CEO of Hope City United, Inc., a 501c3 nonprofit corporation to bring awareness and the eradication of human and sex trafficking.
Ms. Budowski previously worked at the Central Intelligence Agency (CIA) in Langley Virginia where she received multiple Exceptional Performance Awards from high-ranking members of the CIA, including former CIA Director Robert Gates, who also served as Secretary of Defense for both President Bush and President Obama.
For more information visit any of Attorney Budowski’s websites. www.susanbudowski.com