Welcome to the Information Website for the Nolen v. Fairshare Vacation Owners Class Action

If You Own, or Previously Owned, a Timeshare with Fairshare Vacation Owners Association, also known as Club Wyndham Plus, since March 14, 2008, You May Be a Member of This Class Action Lawsuit.

On July 12, 2021, the United States District Court for the Middle District of Florida, certified this lawsuit as a class action. By certifying the case, the Court has allowed the Plaintiffs (also referred to as the Class Representatives)—Carolyn Nolen, Windy Kelley, Cara Kelley, and Paula Litton— to pursue the claims of all Class Members against Fairshare in addition to pursuing their individual claims for damages.

The Class Representatives sued Fairshare Vacation Owners Association (“Fairshare”), alleging that Fairshare violated its fiduciary duties to Club Wyndham Plus Members (“Club Members”). Specifically, by virtue of being members of Club Wyndham Plus, all Club Members assigned their Timeshare Use Interests to the Fairshare Vacation Plan Use Management Trust Agreement (the “Trust”). Fairshare acts as Trustee for the Trust, and, as such, it owes fiduciary duties to Club Members. Class Representatives assert 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.

Summary of Your Options and the Legal Effect of Each Option
Do Nothing Stay in this lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement in this case. But you give up any right to sue Fairshare separately on any claim in this lawsuit.
Exclude Yourself from the Class Get out of this lawsuit. Get no benefits from it. Keep your rights. If you ask to be excluded from the lawsuit and money or benefits are later awarded, you won’t share in those, but you keep any right to sue Fairshare separately on the claims in this lawsuit.

These rights and options—and the deadlines to exercise them—are explained in the Notice. For complete details, view the Long Form Notice here, or call 1-855-675-3120.