Carlton Fields Represents Fairshare Vacation Owners Association in Class Action Appellate Victory

TAMPA, FL – Carlton Fields’ class action and appellate teams successfully represented Fairshare Vacation Owners Association in a class action appellate victory before the U.S. Court of Appeals for the Eleventh Circuit.

The Eleventh Circuit affirmed a March 2022 federal district court summary judgment barring 900,000-plus class members from obtaining damages and changes to the operating structure of the timeshare program. The plaintiffs own timeshares with Wyndham Vacation Resorts Inc. They alleged that the timeshare trustee (Fairshare) breached fiduciary duties based on four theories centering on the fact that Fairshare uses Wyndham entities to manage the timeshare plan and provide services to the members of Club Wyndham Plus. The district court found that all four theories lacked factual evidence and were speculative. The Eleventh Circuit on Thursday affirmed that decision. 

“The Carlton Fields team is pleased to have secured this significant class action victory. This is another signature win in the firm’s class action defense portfolio,” said Tampa shareholder Kevin McCoy.

The Carlton Fields legal team included Kevin McCoy, Joe Lang, Matthew Allen, Chris Coutroulis, Nathaniel Foell, and David Wright.