SAN FRANCISCO – A Fremont man is suing against a worldwide holdings and vacation company over claims it issues misleading rebates.
Timothy Elder, on behalf of himself and others similarly situated, filed a class-action lawsuit against Hilton Worldwide Holdings Inc., and Hilton Grand Vacations Co. Inc., in the U.S. District Court for the Northern District of California on Jan. 15, citing breach of express warranty, breach of implied warranty of merchantability, breach of contract, unjust enrichment and other counts.
According to the case, the defendants promised Elder a $100 discount on a stay at “any Hilton Hotel … anywhere in the U.S.” in exchange for his participation in a timeshare presentation. He did attend a presentation and was given a $100 rebate certificate, he claims. Considered a “classic bait-and-switch,” Hilton did not honor the rebate when Elder stayed at the DoubleTree by Hilton in Sacramento, the suit states, stating that the certificate is only redeemable at Hilton Hotel or Hilton Club only. Elder alleges that the rebates are false and misleading.
Elder is seeking an order declaring that Hilton violated statutes referenced in the case, compensatory and punitive damages, along with court costs and fees. L. Timothy Fisher and Julia A. Luster of Bursor and Fisher PA in Walnut Creek and Jana Eisinger of the Martinez Law Group in Denver, Colorado are representing Elder.
U.S. District Court for the Northern District of California Case number 4:16-cv-00278