# RCI Lawsuit Settled [MERGED]



## abdibile (Jan 11, 2009)

This link shows up at the RCI main page since a few minutes:

http://www.weeksprogramsettlement.com

Has anyone heard of that settlement?

Benefits for members are not really great.... 

$ 20 credit seems the best to me

Or what do you chose?


----------



## Timeshare Von (Jan 11, 2009)

Me too - just send me the $20 credit voucher!


----------



## jstapleton (Jan 11, 2009)

abdibile said:


> This link shows up at the RCI main page since a few minutes:
> 
> http://www.weeksprogramsettlement.com
> 
> ...



Can anyone join this settlement? I own weeks at two resorts and deposit into RCI. Thank you.


----------



## jamstew (Jan 11, 2009)

jstapleton said:


> Can anyone join this settlement? I own weeks at two resorts and deposit into RCI. Thank you.



If it's like most class action suits, you're automatically a member of the class (if qualified) unless you opt out.


----------



## EileenSRN (Jan 11, 2009)

*There's More*

The way I read it, you can do nothing and benefit from CHANGES in the RCI program - including seeing what's available before depositing. If you complete a Claim Form, you have a choice of a few minimal (IMO) goodies. Not sure if the $20 or making an exchange before depositing is the best offer. I'm hoping you experts will analyze the options and pronounce "the best deal".
Eileen


----------



## EAM (Jan 11, 2009)

*Does this mean we will know our weeks' trading power?*

The most significant thing I noticed while glancing through the settlement is that RCI is going to tell Members the trading power of their week as well as other statistics if the Member asks before depositing the week.  Is my understanding correct?


----------



## HuskyJim (Jan 11, 2009)

abdibile said:


> This link shows up at the RCI main page since a few minutes:
> 
> http://www.weeksprogramsettlement.com
> 
> ...



I think that there are some significant benefits besides the $20 credit:


disclosure of units rented vs. banked
limits on using rental weeks from the spacebank
disclosure of trading power


----------



## Carolinian (Jan 12, 2009)

''Sellout'' is a more apt term than ''Settlement''.

As usual in a class action, the trinkets or baubles offered are of little real value and more an insult than anything else.

The key is the injunctive relief, the things that the wrongdoer will be prohibited from doing in the future, and here the sell out is an awful result for timesharers.  RCI only promises to ''do right'' for a two year period!  Then they are free to screw members again!  The enforcement mechanism is also left vague even for that two year period.

As I have said all along, a state AG Consumer Protection division should have been going after RCI on this issue, not a private class action law firm.  These attorneys have sold their clients down the river for a big legal fee payout to themselves.

This case is a good example of why there needs to be some serious reform legislation on class action lawsuits.

One of the lead plaintiffs is a Tugger, and I would like to hear him defend his caving in to this absurd sell-out.

The best action is to file a form objecting to the settlement as unfair because it offers totally inadequate injunctive relief, particularly in restricting RCI's rental ripoff only during a two year period.


----------



## 3kids4me (Jan 12, 2009)

I'm not a lawyer, but don't people accept settlements because they can't afford the expense of a trial where the outcome is uncertain?

Carolinian, you feel strongly about this.  Why don't you exclude yourself from the class and file your own lawsuit with other folks that feel the same?


----------



## x3 skier (Jan 12, 2009)

As I predicted, this class action, like most others, results in lots of cash to the law firms involved, a token to the class members and a promise to sort of stop doing whatever bad thing the law firm said they were doing.

Still if I get $20, it beats recycling aluminum cans. 

Cheers


----------



## Carolinian (Jan 12, 2009)

3kids4me said:


> I'm not a lawyer, but don't people accept settlements because they can't afford the expense of a trial where the outcome is uncertain?
> 
> Carolinian, you feel strongly about this.  Why don't you exclude yourself from the class and file your own lawsuit with other folks that feel the same?



The problem is where the attorney grabs a settlement that puts a big payout in his pocket and the client gets doodly squat.  An individual action would not be practical, and I am afraid that the terms of this settlement may even make a state AG action untenable.  This is nothing but a stab in the back by the class action attorneys.  The reason to hope that this one may be different was that a Tugger was a lead plaintiff and supposedly one of the key attorneys involved was a timesharer himself with a genuine desire for reform.

If I remember the scheduling order correctly, they did not even get into discovery on the substantive issues until the class was certified, which had not happened yet.  That means these shysters waved a white flag before they even knew what the evidence out there was, and did it in a way to make other lawsuits impractical.  We all ought to write the judge and ask that they be paid ZERO.  They have stabbed their clients in the back.


----------



## chellej (Jan 15, 2009)

The lawyers are asking for $4,000,000  is that correct?

Unfortunately that is the result of many class action suits - only the lawyers win


----------



## PerryM (Jan 16, 2009)

*Did anyone here really expect anything else????*

Isn’t this exactly what many of us forecasted here all along:

1)	The lawyers are the big winners of these class action lawsuits - both sides
2)	RCI would win the major points and in the long run win everything
3)	The RCI members would get a coupon for something next to worthless
4) The RCI members would pay for all of this in the long run - every penny

That’s exactly what happened.

So what will be the next target of the mercenary lawyers?  And why the heck do folks keep falling for the same con games over and over again by our court system?


A few months ago I got a subpoena (or whatever the title is) to be a juror for the Federal Court of Eastern Missouri.  I eMailed the clerk that I’m self-employed – they couldn’t care less – I had to show up.

Then I asked a very simple question that resulted in me being immediately excused from jury duty:

I asked “*What is the accuracy of this court?”.*

At first the clerk eMailed me back and didn’t know what I was asking.  I stated that I can easily find out how good a hospital and even individual physicians were with their track records – how many patients did they kill out of 100,000 or similar stats.

So I asked the clerk for stats about the court – out of 1,000 judgments how many were eventually overturned for any reason.  Was this court 99.99999% accurate or 70% accurate since that would heavily influence my vote as a juror.

I also suggested that this percentage be displayed right under the federal seal :

*In God We Trust
Court accuracy: 83%*​
I also suggested that this might spur the court into trying a little harder.  Maybe some rivalry between courts - which court would have a better accuracy in not killing the wrong defendants or ruining their lives.  Maybe even a reality show or a cable network.

I simply got back an eMail and then a letter excusing me from jury duty.


----------



## Carolinian (Jan 16, 2009)

RCI only wins because sellout plaintiffs attorneys folded tent as soon as they had their fee in sight, rather than even waiting to do discovery on the substantive issues.  This is a serious miscarriage of justice.

I had hoped that maybe this would be a better result than the run of the mill class action because of information that one of the lawyers involved was a timesharer himself and had a genuine desire to achieve reform.  I guess a big pile of dollar bills for himself overcame that desire for reform.  Also one of the lead plaintiffs is a Tugger and from his posts on RCI had a huge desire to accomplish a meaningful change.

I really wish the Tugger who is a lead plaintiff would come on these boards and explain himself over this debacle.  He should have put his foot down and just said ''no'' to these shysters.

We should all write the court and ask that the sellout/settlement be rejected, and that if this is the best they can do, the plaintiffs lawyers ought not to be paid two cents.  They have stabbed their clients, the class members, in the back, and they should receive no compensation for that.


----------



## PerryM (Jan 16, 2009)

*It's "show me the money" and not "show me the justice"...*

Show me the money – that’s basically what civil court is all about.

The folks who got this settlement felt they got enough money for their “pain” and said so when they agreed to the settlement.

These class action lawsuits have nothing to do with  justice – its all about the money, in one way shape matter or form.

And just who will pay for all of the fancy cars, yachts, jets, villas, for the lawyers – why you guessed it we RCI members.  What's new here?

This flawed logic is brought to Washington where “Bailouts” are the same – the fat cat lawyers, politicians, and cronies get the money and we must pay for all of this – or better yet, let our grandkids pay for it, while we live it up.

I’m assuming the Tugger who started this is on vacation – probably not in a timeshare but a brand new condo somewhere - just a guess.  Good for him/her.

So what’s next for our fearless lawyers – what will they stand up and fight for next?   I'm waiting for them to pop up on infomercials on TV - evil RCI, evil II, evil Marriott, evil Disney...

So much evil to address and lawyers need to eat too.

We desperately need Tort reform – we all know it don’t we?


----------



## Carolinian (Jan 16, 2009)

We need to all write the court and say that this result is a bad joke, not worth 2 cents, and the lawyers, if paid at all, should only be paid in the same baubles and trinkets that they got for the class members.  Yeah, maybe thousands of cruise certificates instead of one, but NOT cash!


----------



## shoji (Jan 16, 2009)

PerryM said:


> Isn’t this exactly what many of us forecasted here all along:
> 
> 1)	The lawyers are the big winners of these class action lawsuits - both sides
> 2)	RCI would win the major points and in the long run win everything
> ...



Perhaps if you showed up to jury duty, got on a jury, rendered a verdic, jury verdicts will go down leading to less frivoulous lawsuits.


----------



## PerryM (Jan 16, 2009)

kshoji said:


> Perhaps if you showed up to jury duty, got on a jury, rendered a verdic, jury verdicts will go down leading to less frivoulous lawsuits.



I'm very serious about knowing how accurate our court system is - I'm guessing but the courts are not 95% accurate (Which is statistical certainty) but in the 80% or even lower.  Since I have no stats on this I must assume their accuracy is horrible.

That would impact my view of the prosecution - that burden of proof would have to be much higher than the judge demands - a lot higher.

But simple stats from the court would alive that worry.

I believe that statistic should be published and the lower the accuracy the more lenient the sentences.  The numbers are out there - they are not published for a reason folks.

P.S.
I did not ask to get out of jury duty - I was excused for unknown reasons.  I, myself, was itching to ask the judge for that number.   I'm not a bashful kind of guy.  This stat means a lot.

I’d also suggest that this accuracy be used to filter which court could preside over what type of case.  E.g.

Court accuracy:

98% - Capital offense

95% - life sentences

90% - heavy duty felonies

85% - light felonies

80% - high misdemeanors

75% - light misdemeanors

70% - traffic court

60% - jay walking

50% - political crimes

This could be called the PerryM scale of justice - hey, I came up with it first.


----------



## Carolinian (Jan 16, 2009)

Perry, I like you signature.  That is something we agree on!

Will you take my suggestion and use the court's response mechanism to ask the judge to give the lawyers in this case nothing?  Or if they give them anything to pay them not in dollars but in the stupid trinkets they want to give us?


----------



## bnoble (Jan 16, 2009)

There are some anecdotal versions of that statistic.  For example, some circuit  courts of appeals are often described in the press as having their verdicts "more commonly" overturned by the Supremes.


----------



## PerryM (Jan 16, 2009)

Carolinian said:


> Perry, I like your signature.  That is something we agree on!
> 
> Will you take my suggestion and use the court's response mechanism to ask the judge to give the lawyers in this case nothing?  Or if they give them anything to pay them not in dollars but in the stupid trinkets they want to give us?



I like this idea - I'm in the class so I'd be for this.  Give me a link and I'll do it ASAP!

This is great!


----------



## pranas (Jan 16, 2009)

How do I object to the settlement? 

If you’re a Class member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the settlement in In re: Resort Condominiums International, LLC. Be sure to include the class member’s name, address, telephone number, RCI Weeks Exchange Program Identification Number, Resort Identification Number, resort name and your signature, and the reasons you object to the settlement. Mail the objection to these places postmarked no later than April 6, 2009 to: 

Clerk of Court
United States District Court for the District of New Jersey
50 Walnut Street 
Newark, New Jersey 07101  


David C. Berman
A Professional Corporation
71 Maple Avenue
P.O. Box 111
Morristown, NJ 07963-0111 David S. Sager, Esq
DAY PITNEY LLP 
P.O. Box 1945
Morristown, NJ 07962-1945


----------



## Carolinian (Jan 16, 2009)

Thank you, Pranas.  You have quoted #6 from the FAQ in the link in the OP.

April 6 is the deadline to get your letter in objecting to the settlement or any part thereof, which would include the attorneys fees.


----------



## kdrew (Jan 16, 2009)

*Another reason to hate Wyndham/RCI/etc. as well as laywers*



abdibile said:


> This link shows up at the RCI main page since a few minutes:
> 
> http://www.weeksprogramsettlement.com
> 
> ...



$20 Credit is a slap in the face of weeks owners.  I have to research this but, on the surface, the free night is worth more than $20.

Thoughts?


CHOICES ARE:
(1) the opportunity to search available inventory and make an exchange request prior to depositing your vacation time; 

(2) a $20 credit that can be used toward a membership renewal or toward your next exchange; 

(3) a prorated refund of your subscription fee and a refund of fees you’ve paid for a pending exchange requests, should you decide to end your Weeks Exchange Program membership; 

(4) one free night stay at any RCI rental that can be used toward the same room of any paid rental of at least one night; or 

(5) a $100 discount certificate per cabin for the purchase of any cruise offered by RCI, with the option of receiving additional $100 discount certificates toward the purchase of up to three additional cabins for the same cruise.  Eligible former members can request to receive a $15 credit toward re-joining the Weeks Exchange Program or request a $15 payment from RCI.


----------



## kdrew (Jan 16, 2009)

Carolinian said:


> RCI only wins because sellout plaintiffs attorneys folded tent as soon as they had their fee in sight, rather than even waiting to do discovery on the substantive issues.  This is a serious miscarriage of justice.



Having watched first hand the legal system at work and basically how lawyers have a little club where they don't really care who is right and who is wrong but they care about billable hours and/or what they other will offer to make it go away.

Sad...........if you have the money, you will win everytime in court. The little timeshare users don't have the staying power to fight all the way to the end especially when they are part of RCI. A resort has a much better chance as I saw. We did well for our resort but we should have done better. Gotta love the legal system and the boys club that exists.


----------



## Kauai Kid (Mar 18, 2009)

*RCI Lawsuit Settled*

per TimeSharing Today  "Certain other benefits of the settlement are available only to qualified Members upon submission of a claim form.  Claim forms must be submitted pror to Apr 6, 2009 and a claim for is available at www.tstoday.com/claimform.pdf"

I subscribe to Time Sharing Today and I'll be darned if I can get my computer to locate the claim form.

Anyone else found out how to get it?

Thanks,

Sterling, a reluctant member of RCI


----------



## geekette (Mar 18, 2009)

Yep, right where the link says it is.

alternate:
www.weeksprogramsettlement.com


----------



## Kauai Kid (Mar 18, 2009)

Mahalo (thanks) as they say in Hawaii.  I couldn't get the TimeSharing Today URL to work and RCI hadn't notified me.  April 6 is just around the corner.
Don't know where I'm going to spend that whopping big $20 savings.  But it sure beats nothing.

Thanks again,

Sterling


----------



## geekette (Mar 18, 2009)

I hear ya - I would not knwo anything about it if it weren't for these boards.  twenty bucks is twenty bucks - will help put gas in the car or fill my stomach.


----------



## Hoc (Mar 19, 2009)

geekette said:


> I hear ya - I would not knwo anything about it if it weren't for these boards.  twenty bucks is twenty bucks - will help put gas in the car or fill my stomach.



Actually, it won't do either.  It can only be used against an RCI membership renewal, or exchange fee.


----------



## geekette (Mar 19, 2009)

Hoc said:


> Actually, it won't do either.  It can only be used against an RCI membership renewal, or exchange fee.



I do know that, I was just referencing what $20 is In Normal Life.


----------



## Carolinian (Mar 19, 2009)

This is absurd chicken feed for the frauds RCI will continue to be able to perpetrate on members with a partial slap on the wrist for two years.  The class action attorneys have sold the plaintiffs down the river for a big payout for themselves.

A much better course that accept the chicken feed is to file a complaint with the court, which the court must consider, to the ripoff terms of this sellout/settlement.  Members are getting hosed.

TST has filed a complaint themselves.  I am appalled that they would do anything to encourage members to wimp out, such as filing the form for the chicken feed.

While we are at it complaining about the terms of the sellout/settlement, we also ought to ask the court to pay these turncoat attorneys not one red cent for their gross misrepresntation of members in this lawsuit.


----------



## Tia (Mar 20, 2009)

Your my ts hero .....  



Carolinian said:


> This is absurd chicken feed for the frauds RCI will continue to be able to perpetrate on members with a partial slap on the wrist for two years.  The class action attorneys have sold the plaintiffs down the river for a big payout for themselves.
> 
> A much better course that accept the chicken feed is to file a complaint with the court, which the court must consider, to the ripoff terms of this sellout/settlement.  Members are getting hosed.
> 
> ...


----------



## timetravel1 (Mar 20, 2009)

*Future exchanges?*

I wonder what kind of trades the people who participated in the action will recieve in the future? RCI seems to play by their own rules


----------



## theo (Mar 21, 2009)

*A short term phenomenon...*



timetravel said:


> I wonder what kind of trades the people who participated in the action will recieve in the future? RCI seems to play by their own rules



All RCI members are actually "participants" in the action by virtue of their membership, until or unless they overtly "opt out". 

Keep in mind that even if the terms of the proposed settlement are adopted exactly "as is" on the table now, the entire agreement and all of its' content will only have a total lifespan of exactly 24 months, upon implementation, after court approval. Beyond that date, by prior formal "agreement", there actually will be no agreement, no change, no reform --- just right back to the "RCI business as usual practices" before the class action suit was ever filed in the first place back in 2006.


----------



## Carolinian (Mar 21, 2009)

theo said:


> All RCI members are actually "participants" in the action by virtue of their membership, until or unless they overtly "opt out".
> 
> Keep in mind that even if the terms of the proposed settlement are adopted exactly "as is" on the table now, the entire agreement and all of its' content will only have a total lifespan of exactly 24 months, upon implementation, after court approval. Beyond that date, by prior formal "agreement", there actually will be no agreement, no change, no reform --- just right back to the "RCI business as usual practices" before the class action suit was ever filed in the first place back in 2006.



The plaintiffs lawyers in this action have stabbed their clients in the back to score a large, undeserved, fee for themselves.  In addition to objecting to the sellout/settlement, we also need to be filing ethics complaints against them.


----------



## skimble (Mar 22, 2009)

Carolinian said:


> This is absurd chicken feed for the frauds RCI will continue to be able to perpetrate on members with a partial slap on the wrist for two years.  The class action attorneys have sold the plaintiffs down the river for a big payout for themselves.
> 
> A much better course that accept the chicken feed is to file a complaint with the court, which the court must consider, to the ripoff terms of this sellout/settlement.  Members are getting hosed.
> 
> ...



As has been demonstrated to a degree never seen before in our economy, once the greedy get caught, they become more sophisticated.  

I'd keep a watchful eye on the GVR-- Global Vacation Resorts MLM.  There are people I know who have bought in, and they're seeing some prime deals... deals that could once only be had by owners.


----------



## Carol C (Mar 22, 2009)

pranas said:


> How do I object to the settlement?
> 
> If you’re a Class member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the settlement in In re: Resort Condominiums International, LLC. Be sure to include the class member’s name, address, telephone number, RCI Weeks Exchange Program Identification Number, Resort Identification Number, resort name and your signature, and the reasons you object to the settlement. Mail the objection to these places postmarked no later than April 6, 2009 to:
> 
> ...



I am going to write a protest letter via all my RCI accounts.  

My main objection is that we have to pay guest cert fees, while members of RCI's various "clubs" like GETravelop and AFVC do not have to pay guest cert fees (nor do they even have to pay dues!) I am going to address that in my letters protesting the result of the class action lawsuit.

As for lawyers, they get the lion's share of class action lawsuits, but so what else is new? You can't really change that, imo. It's a sad reality of our litigious times.


----------



## theo (Mar 23, 2009)

*One trinket, one time...*



Carolinian said:


> The plaintiffs lawyers in this action have stabbed their clients in the back to score a large, undeserved, fee for themselves.  In addition to objecting to the sellout/settlement, we also need to be filing ethics complaints against them.



I agree completely. I am genuinely disheartened that many so adversely impacted RCI members are willing to do *absolutely nothing more* than to passively sign up to claim their (...one-time only) $20 credit trinket. 

I acknowledge and respect that this is an individual right and prerogative, but that particular "choice" is a sad and sorry statement in and of itself.


----------



## Carolinian (Mar 23, 2009)

Carol C said:


> I am going to write a protest letter via all my RCI accounts.
> 
> My main objection is that we have to pay guest cert fees, while members of RCI's various "clubs" like GETravelop and AFVC do not have to pay guest cert fees (nor do they even have to pay dues!) I am going to address that in my letters protesting the result of the class action lawsuit.
> 
> As for lawyers, they get the lion's share of class action lawsuits, but so what else is new? You can't really change that, imo. It's a sad reality of our litigious times.



What is wrong is them getting paid at all for this travesty of justice which they have consented to, thereby stabbing their clients in the back.


----------



## TUGBrian (Apr 6, 2009)

Recieved this in email today from Mr. Hicks with his permission to post the contents here on the forum:

Mr Hicks can be contacted here for those also involved in the suit

James B. Hicks, Esq.
Hicks | Park LLP
824 Wilshire Blvd., Suite 300
Los Angeles, CA 90017
Tel:  (213) 612-0007
Fax: (213) 612-0373
Direct: (213) 612-0303
Email: jhicks@hicksparklaw.com




> UNITED STATES DISTRICT COURT
> DISTRICT OF NEW JERSEY
> 
> 
> ...


----------



## x3 skier (Apr 6, 2009)

Carolinian said:


> The plaintiffs lawyers in this action have stabbed their clients in the back to score a large, undeserved, fee for themselves.



You are surprised? Seems like a normal situation for this and most class action suits.

Cheers


----------



## Vodo (May 25, 2009)

*Late to the Party*

Okay, so I've been busy with life and wasn't paying attention to the fact that there even existed a class action lawsuit against RCI.  I just happened upon the information this evening.  What I would like to know is whether everyone else received written notice of the settlement along with instructions to submit a notice of claim.  I received nothing at all and, of course, missed the April deadline.  Absent a claim submission, I won't even receive the palty settlement that was coughed up by RCI.  Am I alone in having not received notice?

Cindy


----------

