Murillo v. RCI lawsuit update [Merged]

[Carolinian]

We have no great affection for RCI either.

But without RCI, what good is our timeshare in a far-off distant land overseas -- ditto our dinky points timeshare in the USA heartland ?

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

HINT: independent exchange companies.

 

[AwayWeGo]

Great Idea.

HINT: independent exchange companies.

Which ones take points ?

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[lgreenspan]

If you are unhappy with the preposed RCI settlement

This paragragh is from the preposed settlement. I think all Tuggers should take the time to respond

Dave

View attachment Doc2.doc



[To keep all the info. together, I moved your post to the on-going thread on this topic.-DeniseM Moderator]

 

[DaveNV]

I came a bit late to the party, but have to say, I'm disappointed. I know nothing of class action lawsuits, but it sure seems like a lot of fuss up over what amounts to basically no changes to things. I also find it ironic that if this settlement goes through as written, the fun starts in August of 2010. My RCI membership expires in June of 2010. And I have no intention of renewing, so I won't be able to play anyway. Oh well.

My t/s ownership has been manipulated (by me, of all people) to the point where I plan to use all of what I own, with the exception of one Hawaii week every other year. That one will be offered to family, friends, rental market, and whatever else I can think of. Only after all else fails, it might go to an independent exchange company. No more RCI for me, thanks.

I hope those who are vested in this lawsuit get a fair deal out the other end. But as you all have so wisely pointed out, that's not likely. Bummer.

Dave

 

[Carolinian]

Which ones take points ?

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

You have to convert your points to an actual week. With RCI Points, I suspect that would have to be taking use of your underlying week and giving that to the independent.

 

[Carolinian]

Yes, we need to flood them with responses, and in it tell them that the lawyers do not deserve to be paid because they have totally sold out the interests of the class.

This paragragh is from the preposed settlement. I think all Tuggers should take the time to respond

Dave

View attachment 572



[To keep all the info. together, I moved your post to the on-going thread on this topic.-DeniseM Moderator]

 

[AwayWeGo]

I Think I Already Know The Answer.

You have to convert your points to an actual week. With RCI Points, I suspect that would have to be taking use of your underlying week and giving that to the independent.

What do the independent exchange companies offer in place of Instant Exchange style last minute reservations ?

(You know, getting change back when Raiding The Weeks Inventory for last minute dogs & cats at a fraction of the underlying timeshare week's points value.)

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[theo]

Unspecified deadline for objection...

Yes, we need to flood them with responses, and in it tell them that the lawyers do not deserve to be paid because they have totally sold out the interests of the class.

I note with some confusion a blank line following the words "postmarked no later than...". Surely there is some very specific time frame within which objections must be sent?

Although I don't exchange with RCI, I do have a current RCI membership, which I believe makes me a "member of the class" (feel free to correct me if I am mistaken on this particular point). This proposed settlement agreement is just such absolutely worthless, useless crap that I will take the time to prepare and submit a detailed objection, despite an absence of any real or personal stake in the final outcome.

 

[lgreenspan]

Preliminary approval hearing is scheduled for December 15, 2008

RCI Settlement

David C. Berman, a Professional Corporation was designated Plaintiffs’ Liaison Counsel in a nationwide class action that was filed in New Jersey during 2006 on behalf of RCI Weeks Program members. Through its Weeks Program, RCI offers its members the option of depositing their vacation week in a spacebank to exchange it for a comparable week from the spacebank. Plaintiffs allege that RCI actually rents out the most desirable and highly demanded vacation weeks from the spacebank, thus depleting the most desirable options available to Weeks Program members who seek exchanges.

A settlement has been reached in this lawsuit. The Court will hold a preliminarily approval hearing regarding the settlement. If the settlement is preliminarily approved and you meet the definition of a class member, your rights may be affected. Currently, the preliminary approval hearing is scheduled for December 15, 2008.

 

[Carolinian]

RCI Settlement

David C. Berman, a Professional Corporation was designated Plaintiffs’ Liaison Counsel in a nationwide class action that was filed in New Jersey during 2006 on behalf of RCI Weeks Program members. Through its Weeks Program, RCI offers its members the option of depositing their vacation week in a spacebank to exchange it for a comparable week from the spacebank. Plaintiffs allege that RCI actually rents out the most desirable and highly demanded vacation weeks from the spacebank, thus depleting the most desirable options available to Weeks Program members who seek exchanges.

A settlement has been reached in this lawsuit. The Court will hold a preliminarily approval hearing regarding the settlement. If the settlement is preliminarily approved and you meet the definition of a class member, your rights may be affected. Currently, the preliminary approval hearing is scheduled for December 15, 2008.

What email or snail mail addresses are there to communicate with the court or attorneys?

 

[theo]

Addresses are there --but deadline is not...

What email or snail mail addresses are there to communicate with the court or attorneys?

Posts # 28 and #31 each include links to identifying the names and addresses of the attorneys. However, as I pointed out / asked previously (receiving no reply) the "objections must be postmarked by....." final line ends with a blank space (at least in my older version of MS Word). If anyone actually knows that postmark / deadline date, please share same. The clock is ticking if the preliminary approval hearing is on 12/15/08
--- only 12 days away now.

 

[lgreenspan]

email link to Lawyer David C Berman

http://www.njlawyer.com/Contact.asp

 

[Carolinian]

As I recall a schduling order that was posted about earlier, the discovery was limited to issues of class certification until the class was actually certified. That certification hasn't happened yet. Unless this has been modified, that means these class action lawyers have agreed to a weak settlement BEFORE they have even carried out discovery on the meat of their case. What kind of attorneys would wave a white flag is this manner without first finding out how much ammunition they had for the battle? The only way to really do that is through discovery. From the postings of several RCI employees on what they have seen in RCI's computers, those would have been what the military calls a ''target rich enviroment'' for discovery in this case.

The only substance in the settlement, and the trinkets are never the substance in these cases, is the limitation on RCI's rentals. If rental is wrongful, and it clearly is, while in the world would plaintiff's lawyers limit the restriction, mild as it is, to a two year period? Why would that not begin immediately and extend indefinitely? I also appears that RCI will merely agree to this restriction rather than it being court ordered by injunction, meaning it will be harder to enforce.

We all need to protest this sellout of our interests and rights to the courts.

 

[JudyS]

Alan asked about giving his RCI Points week to an independent exchange company:

Which ones take points ?

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

And Carolinian replied:

You have to convert your points to an actual week. With RCI Points, I suspect that would have to be taking use of your underlying week and giving that to the independent.

This is off-topic, but if a unit has been converted to RCI Points, it can not be deposited into any other exchange company. Believe me, I know -- I have tried repeatedly.

Basically, when a week has been converted to RCI Points, it is deposited into the RCI Spacebank. Reserving the week during your Home Week Booking Window gives you the right to use your own week, but in all other respects, it is a deposit into RCI. Your resort's records will show the week as committed to the RCI Spacebank (yes, even if you have reserved it during your Home Week Booking Window). So, if you try to deposit into another exchange company, the resort will deny the request.

 

[AwayWeGo]

Good To Know.

Basically, when a week has been converted to RCI Points, it is deposited into the RCI Spacebank. Reserving the week during your Home Week Booking Window gives you the right to use your own week, but in all other respects, it is a deposit into RCI. Your resort's records will show the week as committed to the RCI Spacebank (yes, even if you have reserved it during your Home Week Booking Window). So, if you try to deposit into another exchange company, the resort will deny the request.

I think I'll just stick with Last Call & Instant Exchange as long as they last.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[Carolinian]

Alan asked about giving his RCI Points week to an independent exchange company:



And Carolinian replied:

This is off-topic, but if a unit has been converted to RCI Points, it can not be deposited into any other exchange company. Believe me, I know -- I have tried repeatedly.

Basically, when a week has been converted to RCI Points, it is deposited into the RCI Spacebank. Reserving the week during your Home Week Booking Window gives you the right to use your own week, but in all other respects, it is a deposit into RCI. Your resort's records will show the week as committed to the RCI Spacebank (yes, even if you have reserved it during your Home Week Booking Window). So, if you try to deposit into another exchange company, the resort will deny the request.

So they don't even give you the full right to your own week. Points seems more and more underhanded the more I learn about it. I think I would make an ''unfair and deceptive business practices'' complaint to the State AG Consumer Protection Division about both the resort and RCI if you were not FULLY informed of this restriction on your use of your own week when they sold you on points.

 

[AwayWeGo]

Straight-Weeks Unit At A Points Timeshare Resort.

I would make an ''unfair and deceptive business practices'' complaint to the State AG Consumer Protection Division about both the resort and RCI if you were not FULLY informed of this restriction on your use of your own week when they sold you on points.

Well, if I don't like it I don't have to leave it in points.

I quit paying my RCI Points dues & -- WHAM ! -- my points timeshare week reverts to non-points status.

I keep on paying my resort maintenance fees so I can check in there myself, rent out my week, or bank it conventionally with RCI Weeks for old-fashioned, plain vanilla week-for-week timeshare exchanges that we all know & love.

All I can't do with it in that case is get points for it.

-- Alan Cole, McLean (Fairfax County), Virginia, USA.​

 

[LynnW]

I believe if you own a deeded week not a floating one you have the right to do what ever you want with it. We have 3 deeded weeks all converted to points and if I want to use one of these weeks I book it 12 to 13 months out and there is no charge. Once it is booked I can rent it do a direct exchange (which I have done last year) or deposit with another exchange company. If a book any other week but my deeded one during the home resort booking period I have to use it myself.

Lynn

 

[famy27]

Posts # 28 and #31 each include links to identifying the names and addresses of the attorneys. However, as I pointed out / asked previously (receiving no reply) the "objections must be postmarked by....." final line ends with a blank space (at least in my older version of MS Word). If anyone actually knows that postmark / deadline date, please share same. The clock is ticking if the preliminary approval hearing is on 12/15/08
--- only 12 days away now.

There is no date yet. If the court approves the preliminary settlement, they will then set the date, finalize details for the class notice, etc. Once the class has officially been given notice (via RCI's website, newsletter, and USA Today), class members will be given a deadline to opt out to pursue their own litigation or to object to the settlement.

Of course, there is nothing stopping anyone from contacting plaintiffs' attorneys at this point to express dissatisfaction with the terms of the settlement. However, official objections must be raise with court after notice has been given to the class.

At this point, the judge may not even accept the terms of the proposed settlement. We will know for sure after the hearing on Dec 15th. That is why class members haven't received notice yet.

 

[x3 skier]

In my experience, by far the most effective way to respond to poor or bad business practices is not to do business with the organization followed by small claims court. Relying on a class action suit to provide meaningful recompense to the members of the class with the exception of the lead plaintiffs is at best a long shot.

Still if you wish to petition the court, please do so.

I for one am letting my membership expire and if I get anything meaningful before then (or even after since I was a member when the alleged atrocities took place) I will be amazed.

Cheers

 

[theo]

Thanks!

There is no date yet. If the court approves the preliminary settlement, they will then set the date, finalize details for the class notice, etc. Once the class has officially been given notice (via RCI's website, newsletter, and USA Today), class members will be given a deadline to opt out to pursue their own litigation or to object to the settlement.

Of course, there is nothing stopping anyone from contacting plaintiffs' attorneys at this point to express dissatisfaction with the terms of the settlement. However, official objections must be raise with court after notice has been given to the class.

At this point, the judge may not even accept the terms of the proposed settlement. We will know for sure after the hearing on Dec 15th. That is why class members haven't received notice yet.

Thank you for this clarification --- much appreciated! There is just so much WRONG with and about this proposed agreement in its current form that preparation of clearly articulated objections will be no small task. I didn't want to undertake that effort only to later just hear "sorry, too late..."

I can only hope that the judge (...and the plaintiff attorneys) in this matter truly comprehend enough detail about the RCI practices at issue here to understand that this so-called "settlement agreement", in its' current form, is very nearly worthless and just a complete farce...

 

[crazyhorse]

RCI website message

I see the RCI website now has some information at the bottom of the sign-on page with details of the class action dates and various downloads.

The link for this is also here:http://www.weeksprogramsettlement.com/

 

[Carolinian]

The key to making that approach work is to beat the drums to get the word out to other timesharers. We need to press our resorts to let their members know what is going on and to inform them of the alternatives such as independent exchange companies. The Seasons timeshare chain in Europe had a great special issue of their newsletter that lambasted RCI's rental and its preferences to Points, and at the same time announced it was defecting to II. We need more to do what Seasons did, even if they don't defect to another company. The word needs to get out in a meaningful way.

In my experience, by far the most effective way to respond to poor or bad business practices is not to do business with the organization followed by small claims court. Relying on a class action suit to provide meaningful recompense to the members of the class with the exception of the lead plaintiffs is at best a long shot.

Still if you wish to petition the court, please do so.

I for one am letting my membership expire and if I get anything meaningful before then (or even after since I was a member when the alleged atrocities took place) I will be amazed.

Cheers