I too doubt one can call it fraud. Fraud would require Disney's actually lying about something material or purposefully concealing something material affecting the decision to buy. Disney does nothing to hide the fact that the bungalows are there and there are a lot of them, that they cost a fortune and thus few can actually afford to buy enough points to usually get them (e.g., you need on average about $200,000 to buy enough points for a week), that the new purchaser point requirements are very low and thus large numbers are going to buy only enough points too get smaller rooms, that the points related to the bungalows can be sold to any purchaser not just those who want bungalows, that it can rent rooms including bungalows not reserved at 60 days out and gets to keep anything above the 2.5% dues set-off, that the members via dues will pay for almost all the maintenance, upkeep, repair, and refurbishment of the rooms including bungalows, and that reservations for all rooms are on a first come first served basis, and you may not therefore be able to get the reservation you want.
Maybe not all of the above is said when selling points to new purchasers but DVD does nothing to prohibit any purchaser from reading all the official documents,
point charts , and other information from which one could conclude that those bungalow points are going to be a real problem in relation to reserving studios and that Disney will be able to profit not just on the sale but on rentals of the bungalows during breakage.
So the defense to an assertion of fraud is that Disney did not hide anything. It is just that the purchaser did not make the needed effort to figure out that the bungalows would provide DVC/DVD huge profits on sales and rentals, while almost all the maintenance, upkeep, repair and refurbishment of the bungalows would be paid by the members, who are mostly not using them, via their dues. One may ultimately wonder how many rooms actually get rented at that $1200 a night charge, but that matters little, because Disney loses nothing in the form of maintenance, upkeep, repair and refurbishment costs and thus any rentals at all are just essentially pure profit.
One might assert the resort make-up and sales methodology is unfair and shows that DVD is not the "model" timeshare company many believe it is, but it is not fraud.
As to what DVD should build in the future if it is going to continue to have many rooms like the point-ridiculous bungalows (and cabins), raise prices on a regular basis well-beyond any rate of inflation, and require new purchasers to buy only a minimum of 50 to 100 points, the answer is actually simple: every new resort should be like Poly, where all rooms, except those point-ridiculous bungalows, are studios, and there are a huge number of studios, because that is likely the only way to avoid severe availability issues for studios.
