The U.S. District Court for the Middle District of Florida has awarded Wyndham Vacation Ownership and its affiliated entities more than $16 million in a lawsuit against two individuals in control of an unlawful advertising scheme and related entities. The Court further issued an expansive injunction, stopping defendants from engaging in their unlawful conduct, ultimately protecting not only WVO, but the consuming public.
The lawsuit, brought by the Florida law firm of Shutts & Bowen LLP, with Bud Bennington, Glennys Ortega Rubin, Eric Christu, Benjamin Elliott and Michael Quinn appearing on behalf of WVO, alleged tortious interference, false advertising in violation of the Lanham Act, conspiracy, and violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
On August 14, 2024, the Honorable Judge Wendy Berger entered a judgment against Rich Folk, William Wilson, Pandora Servicing, LLC and Intermarketing Media, LLC for their part in a sophisticated advertising campaign wherein they falsely advertised that consumers could cancel or terminate WVO’s contracts, misleading customers and damaging WVO’s business and brands. The Court previously entered a verdict against co-defendant attorneys involved in the scheme after a multi-day bench trial, which the Shutts & Bowen trial team also successfully prosecuted.
This award represents the largest known monetary award of its kind against timeshare exit companies and related individuals and is a significant victory for Wyndham Vacation Ownership and the timeshare industry, reinforcing the importance of consumer protection laws and the Lanham Act’s role in preventing deceptive advertising practices. The impact of this judgment is undeniable as it sends a strong message that companies cannot falsely advertise and mislead customers without facing serious consequences.
