Possinger Law Group Files Class Action Lawsuit against Tumble Creek Club
On October 30, 2025, Penny Gutschmidt, is a former resident of Tumble Creek, filed suit in Kittitas County Superior Court against Tumble Creek Club, LLC and others alleging among other things that that Tumble Creek’s Membership Agreement violates Washington’s Consumer Protection Act, Ch. 19.86 RCW. In addition to her own personal claims against Tumble Creek Club, Gutschmidt’s Complaint alleges that she is only one of many affected by the Membership Agreement and seeks to certify a class action on behalf of other members of the Tumble Creek Club.
Gutschmidt, who moved out of State and resigned her membership nearly two years ago, remains for all practical purposes a member of the club and continues to be charged membership dues and still has not had her membership deposit returned.
The Complaint alleges among other things that Tumble Creek’s Membership Agreement as currently in place makes it practically impossible for a member to actually ever leave the club, to stop being charged monthly dues, or to have their membership deposit returned, a deposit that can be as much as $60,000. Under the terms of the Membership Agreement, Tumble Creek can hold onto a person’s membership deposit for 30 years or more, as further detailed in the Complaint. Taking a line from Hotel California, the Complaint begins with: ““‘Relax,’ said the night man, ‘We are programmed to receive. You can check out any time you like, but you can never leave.’” “That well known refrain sums up what Tumble Creek members face if they ever try to resign their membership with the club.” says Jeffrey Possinger, one of the attorneys representing Gutschmidt.
Tumble Creek Golf, LLC, the company that runs Tumble Creek Club, is a country club at the center of a destination mountain community located 80 miles from Seattle on the Eastside of the Cascade mountains in Cle Elum, Washington. Tumble Creek is an exclusive community and golf club located within Suncadia.
In addition to the Consumer Protection Act claims, the Complaint also seeks a judgment holding that some of the terms of Tumble Creek’s Membership Agreement are unenforceable.
For More Information about the Tumble Creek Class Action:
For more information, news, and updates about the Tumble Creek Class Action Lawsuit, visit the case website.
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