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UPDATE: RCI CLASS ACTION LAWSUIT - must read for all RCI members [Includes Results]

Would you like to see a specific statement from RCI that it will not retaliate

  • Yes, I would be more comfortable seeing such a statement if I felt I could trust that it was true

    Votes: 229 86.7%
  • No, I do not feel such a statement is necessary

    Votes: 35 13.3%

  • Total voters
    264

carl2591

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be sure to put something on the letter to clerk of court : Courtesy of TUG2.net

might get the judge or someone interested in why so many objection's to the proposed settlement are coming from TUG members and readers. they might go online and actually read the entire 560 thread message board..
 

lgreenspan

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Who has sent a letter to the court?????

I used the form letter from Goffyhobby. How many Tuggers are sending letters? Numbers count when sending objection letters to the court. Please take the time to object!!!
 

carl2591

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I used the form letter from Goffyhobby. How many Tuggers are sending letters? Numbers count when sending objection letters to the court. Please take the time to object!!!

I sent one to all three of the name mentioned on form letter..
 

Susan2

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Attorney Disclaimer Ordered by the United States District Court:

I am an attorney who was admitted to represent some of the objectors in a class action pending in the United States District Court for the District of New Jersey. Any statements by an attorney, including myself, should be considered to be the personal opinion of the attorney and are not approved by the Court. As such, my statements contained herein are not approved by the Court. More information is available at www.weeksprogramsettlement.com, the Court-approved website.

-----------------------------------------------------------------------------------------------------

. . . if you are only an RCI Points member, you would not be a member of this class action lawsuit.

Clarification: This should say "unless you were a Weeks member at any time between January 1, 2000 and August 31, 2009."

I know you have that in there elsewhere, but if a member switched over to Points only, that's still okay if the member was a Weeks member during the relevant period before the switch.

Good job, though, Jennie. :cheer:
 
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Goofyhobbie

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Hi Bunny

Bunny217 posted: My Letter is Ready to Mail...

I know I need to send one to the Clerk of Court...and then cc a copy to Mr. Berman and Mr. Sager (at the bottom)....do I need to send one to anyone else here or on this board?
We're leaving next Saturday for 2 weeks down at our resort...so I'm taking some extra blank letters with me. I wish I could explain to people as throughly as you all do as to what is going on and what the problem is. Is there anyway to explain it in a "nutshell"? For example.... If I meet people that are unfamiliar with it.... I'd like to explain it to them, but don't have the skills or enough knowledge to answer the questions that they may ask.
I have relatives that are owners, and will see them there...I have told them about the suit...I've also refered them to this site, but I'm not quite they're understanding the whole thing either. That's why I'm taking the blank letters.
Thank you for your help...everyone...for all that you are doing.
Barb

Barb,
GIRL YOU ROCK!!!!


As the "Teens" today would say, "That's What I'm Talkin about!!!!"

Many RCI Members as well as II Members have friends or relatives back home that they can mail the forms to or take the forms to.

If you are good with words you could type up objections with little squares to the left of each one so that folks could check off the objection(s) they want to make and leave blank the ones they don't care about OR in the alterntive you could simply do as has been suggested here many times.

Simply go with the one sentence suggested in the Generic Form Letter: "I object to (the) settlement in In re: Resort Condominiums International, LLC, Civil Action No. 06-cv-1222 (PGS.)

Keep in mind the judge in the case already knows all the issues so there is no need to explain them to him over and over again. AS JEANNIE has said time and again WE NEED Quantity rather than Quality!

In the end IT IS THE QUANITY OF OBJECTIONS THAT WILL MATTER MOST!​

By burying the Court in Objection letters we will be sending a signal to the Judge and that signal will provide him with the leveragae to PUSH HARD for more negotiations!

The copy that Mr. Berman receives from all of the objectors should provide the Plaintiffs the INCENTIVE to push for a return to the negotiation table rather than cave to Goliath!

Meanwhile, the copies to the Counsel for the Defense will make RCI realize that they have a VERY SERIOUS "PUBLIC RELATIONS" issue to overcome!

WE ARE MAD AS H _ _ _! and WE ARE NOT GOING TO TAKE THIS ANYMORE!​
:mad:
 
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Jennie

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be sure to put something on the letter to clerk of court : Courtesy of TUG2.net. It might get the judge or someone interested in why so many objection's to the proposed settlement are coming from TUG members and readers. They might go online and actually read the entire 560 thread message board..

RCI's defense attorneys are definitely reading the posts on this Forum. They said so at the 5 hour conference held with a small group of Objectors on September 9th. I think we are their worst nightmare.

I mentioned TUG during both of my Federal Court appearances and the Judge took note of it. I wouldn't be surprised if he's visiting this forum too. He is well aware of our valid complaints. A large number of Objection letters can make a big difference in the final outcome of this case. It's numbers that count. Don't sweat what to say. Just stating "I object to the terms of the proposed settlement" is enough. But feel free to add as much else as you want. There is no right or wrong way to express your objection.
 

Jennie

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... I have argued in court that RCI is basically using credit default rental Week swaps...

Steve, In what Court did you make that argument? You attended only one hearing in the RCI class action lawsuit--on August 16, 2009. Judge Sheridan would not allow you to speak because he said you had no legal standing in the case.
 

Carolinian

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If you think that, then you do not understand the law or the legal issues. Please read some of the material from TST to educate yourself.


I for one am not a fan of renting units but the fact is that the court will not ban RCI from renting them. The rental program which we as members can participate in, has more exposure to the publc and goes through the RCI handling and filtering of such renters; albeit at a profitable margin. I, for one, have not nor intend on using RCI's rental program but the reality is that they can attest that their rental program "benefits" members without the legwork... Blah, blah, blah!

IF we have to compromise, then I'm just saying that there be an exclusive area next to that resort availability line showing the date of deposit made by X member and the time period left before moving it to a rental pool. The only thing I don't agree with is having those units available for rent WHILE in the exchange pool. Any renter who can fork up the money to rent, whether for high or low $, invades our ability to exchange with these units, especially if they are of compatible trading power exchanges. The renter pays the money, RCI makes a good chunk of profit and us members continue to pay maintenance, exchange and membership fees; and still get the short end of the stick because these units are not available.

So bottom line.... Have deposited units in the exchange pool for a agreed determined amount of time before being moved to the rental pool. So, us "investing members" can have something worthwhile to look forward to when planning for out vacation.

BTW, I'm sending my Objection letter this weekend. :)
 

Goofyhobbie

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If You Want To Say More Than "I object" Consider The Following:

You may be looking for help with the Post Card you recently received from the RCI "Weeks" Class Action Administrator.

If you are considering an objection to the settlement recommend that you first take a look at the informational instructions provided at:

http://rciclassactionlawsuit.com/

You can simply say something like the following:

"I object to the settlement in In re Resort Condominiums International, LLC Civil Action No. 06-cv-1222 (PGS.)"

THERE IS NO REQUIREMENT THAT YOU GIVE RESONS FOR YOUR OBJECTION.

But, once you have been to the above mentioned site you may decide that you want to say more than the one sentence above.

The following ideas are obviously not unique because we have been talking about these issues for some time.

You can use one or two or all of the provided suggested objections within the body of your objection letter.

You may choose to use some of the wording and write your own version.

What you say and how you say it is up to you.

The suggestions:

1) I object to the rental of any week deposited by a RCI member into the RCI Weeks Exchange Program. If, however, a Settlement is reached that allows for rental of weeks deposited by RCI Weeks members into the Exchange Program, I object to the proposed Section II C (Priority for Weeks Exchanges) exclusivity provision which provides a flat "31 days from the date of deposit” for weeks deposited more than 12 months in advance.

If an exclusivity provision is made part of the settlement, the time frame for exclusivity should run from the date the week is made available for exchange to other RCI members and should be a rolling exclusivity period that provides exclusivity as follows:

• 120 days for deposits 11 or more months in advance of the check-in date,
• 90 days for deposits between 6 to 10 months in advance of the check-in date,
• 31 days for deposits between 3-6 months in advance of the check-in date.


2) I object to the fact that the settlement does not clarify that "Vacation Time" will be made simultaneously available for Exchange when it is used for rental or "for any other purpose." The settlement, if it allows rentals, should state that RCI will make ALL “Vacation Time” available for both Exchange and Rental or another purpose, including rental, whether through RCI or through any other exchange program, partner, affiliate or other entity.


3) I object to the proposed “Balancing of RCI Deposits and Rented Inventory,” which allows RCI to “swap out” weeks deposited for exchange by substituting inventory acquired directly from the resorts, or from another source. If such a provision is included in a settlement the provision should clearly state that “Vacation Time” that is deposited by members and is rented or otherwise disposed of by RCI in any manner other than direct exchange by another member”; shall be replaced with inventory that is comparable as to size, season, location, demand, and RCI rating.


4) I object because the settlement does not address the control of misinformation. There should be an RCI employee or department for complaints about misinformation and that employee or department should be empowered to train and monitor RCI employees to ensure that they are not providing misinformation to members, more than is reasonable and occasional human error. RCI should agree to make all reasonable efforts to ensure that misinformation is corrected.


5) I object because the proposed settlement does not prevent RCI from renting member’s deposited weeks for less than the annual maintenance fee that the member is required to pay to the member’s resort. Units deposited by RCI Weeks members into the Weeks Spacebank for exchange should not be offered for rent through RCI or other exchange program, partner, affiliate or other entity for less than the annual maintenance fees, unless said Week is still available within 90 days of the start date. At the 90 day mark RCI (or its affiliate or partner) could then be free to offer said week for whatever it believes the market will bear. If a restriction is put in place, I would have no problem with the restriction excluding Weeks offered as “bonus” vacation time, as these are not "rental” weeks.


6) I object to the short period that the settlement program changes are to stay in place. Program changes should be made permanent or they should be required to remain in place for ten years from the date a settlement is approved by the court. By the time a settlement is reached the alleged improper actions by RCI will have been in place for almost ten years. Any settlement program should remain in force for at least ten years.


7) I object to the proposed short period for disclosure of Weeks Program Activity. As the disclosure period is the mechanism under which members can be assured that RCI is complying with the requirements of the proposed Agreement it should be in place for at least ten years. “Vacation Time” deposited less than ninety (90) days in advance should not be excluded from this disclosure, but should be reported separately. Alternately, the 90 days could be changed to 30 days, if this change is consistent throughout the agreement.
 

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I just got a postcard today-didn't know about any of this since I sold my RCI affiliated resort a few years back and canceled membership. I went online for the claim form and I had the choice of $15, or a discount if I wanted to rejoin RCI-I took the $15!

I hope you have taken (or will take) the time to send a letter to the Federal Court objecting to the terms of the proposed settlement. It must be postmarked by November 20th. There are a lot of abuses by RCI that must be stopped.

To object go to:
http://rciclassactionlawsuit.com/TU...ructions_for_RCI_class_action_settlement.html

Scroll down to Information #6 to read the rules and print out the form.
One sentence is enough. You do not have to list any "reasons" for your objection unless you want to. A large number of objection letters is what really counts in our efforts to obtain better settlement terms . The Judge is already well aware of our complaints.

This applies to anyone who is, or has been an RCI Weeks member between January 1, 2000 and August 31, 2009 even if you are no longer a member.
 

kjsgrammy

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I wanted to thank everyone for all their hard work on this matter - especially Susan, Jennie, Goofyhobbie, Brian. I'm sorry if I missed anyone, but have been reading over all the info and am kind of in a fog right now.

I did print out the letter of objection, post #497, filled it out and it will go in the mail on Monday, with a copy to Mr Berman and Mr. Sager.

TUG is a marvelous thing!! Keep the info coming and again, THANKS!!
 

DeniseM

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Stephan - I am very confused about what your official role is in this whole thing - can you please clear some things up for us?

Stephan
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1) Do you live in Escondido, CA?

I even suggested to Ms. Collins via email on October 9, 2009 what can we do to present a united response to objecting.

2) Hasn't Ms. Collins already turned down your offer of assistance in the past?

I suggest you consult experienced class action counsel.

3) Can you please post a link to your professional website?
 
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Carolinian

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Jennie, I was hoping your attorney, Susan Collins would comment on this point and illustrate it further since you are very correct. I have written a number of posts related to this issue. RCI’s attorney, Mr. Sager even addressed this issue at our information meeting in September, 2009 and referenced where specifically in the Settlement the issue is addressed and resolved. I could site the Settlement for you, or where I argued, but not orally, this issue in court, but you should ask Ms. Collins and post your findings so everyone knows.

Resolved? Horsehockey!!!! Whose side are you really on in this matter?
 

Carolinian

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Dave, regarding posting complex class action settlement summaries and/or actions, I suggest you consult experienced class action counsel. Even if you were to submit your proposals to the court as was done by some in the past in this case, the submission is completely meaningless!


Meaningless? Horsehockey!!! Whose side are you really on in this matter? The submissions clearly had a significant impact last time. Are you trying to discourage submissions? And just WHO would that help?
 
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Jennie

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RCI’s attorney, Mr. Sager even addressed this issue at our information meeting in September, 2009 and referenced where specifically in the Settlement the issue is addressed and resolved.

And when you tried to discuss your "segments issue" at the meeting, Mr. Sager had to interrupt and correct you several times when you kept mentioning "the weeks RCI owns". He and others present shook their heads in disbelief that you could not understand that RCI does not own the weeks they are substituting for weeks removed from the spacebank.

Just a few days ago, you mentioned this same illogical belief in one of your posts here on TUG. It is clear that you are seriously lacking in fundamental knowledge about the RCI timeshare exchange program. It is the height of arrogance and stupidity for you to appoint yourself to "interpret" or explain the terms of the settlement to others.
 

rickandcindy23

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Getting the word out is my concern. There is no time for Timesharing Today to publish their next magazine in time. There is no time for those of us who know to inform our boards and management companies.

We have a Wyndham weeks account, as well as our old account of 25+ years. Do we send in another letter, or just reference that we have two accounts?
 

rickandcindy23

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DeniseM, You are not the only one confused. Are your questions asking in the role as Moderator? If you would like, please respond via private email.

No. We need you to state your role in this, and your motives. Please answer Denise's questions for the record here on this thread.
 

DeniseM

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DeniseM, You are not the only one confused. Are your questions asking in the role as Moderator? If you would like, please respond via private email.

Stephan - I am asking as a TUG member and a timeshare owner. From the beginning, you have presented yourself as one of the principals in this case, but you haven't introduced yourself or established your credibility. You can't expect people to trust your advice, or take you seriously, when we don't even know who you are. If you are legit, I don't see why that should be a secret...

In addition to the questions above, I'd like to know what experience and background you have with timesharing, and why you are interested in this particular case?

And since you live in Escondido, do you meet the legal requirements to have legal standing in a New Jersey court?

Please post your response here.
 
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Jennie

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DeniseM, You are not the only one confused. Are your questions asking in the role as Moderator? If you would like, please respond via private email.

Of course Denise is not the only one who is confused. I think you are confused!

You have posted a lot of contradictory, inaccurate, and incomprehensible information on TUG. It's sad and annoying that you are distracting and confusing people arriving at TUG for the first time. They have come looking for simple factual information about the RCI lawsuit, and how they can apply for one of the five defined benefits and/or file an objection, or opt out.

Your endless rambling posts shed no light on the subject but rather confuse people and may cause them to log off instead of wasting time trying to decipher what you are trying to say.

Is this your goal--to discourage people from objecting to the proposed settlement?

Regular TUG members have already written you off as a........... Well I won't publicly embarrass you by listing some of the names being bandied about in PMs.
 

RustyS

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...
Your endless rambling posts shed no light on the subject but rather confuse people and may cause them to log off instead of wasting time trying to decipher what you are trying to say.

Is this your goal--to discourage people from objecting to the proposed settlement?
...

If we think there is a problem with an individual posting on the boards, can't they be banned from the site? I'm not one for stifling opposing viewpoints, or anything that would inhibit free speech and a healthy debate, but if we're being subjected to a disinformation campaign it could be warranted.

But I'd make darn sure first. And the first step in that is for Stephen to be forthcoming with responses to the direct questions he has been asked. Full disclosure is expected.
 

Goofyhobbie

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Posted with permission of the original sender of the PM

Posted by Bunny217 on Oct. 18, 2009 at 2:26 P.M as a PM to Goofyhobbie:

Getting ready to leave on Saturday...I have mailed my three letters to the three addresses on the letter. My nephew mailed his also.
I printed some blank letters and then a short note with the addresses noted as well as the date of the hearing. I'm also taking envelopes and stamps. I will see my other relatives that are owners while we are there. If they do send their letters - I probably won't be able to let you know that they were sent until we get back...around the
16th of November.
And...I just wanted to check...can I get in trouble at the resort by talking about this to people that I meet who may be interested? I am not confrontational at all....and would just be horrified if I got anyone in trouble or mad.
I hate bothering you "at home" asking this stuff and hope you don't mind. Is there anyone else I should tell about sending my letter...should I post it on the board??
Thank you...you always make so much sense!!
Barb

Response to Barb Oct 18, 2009 at 4:26 P.M. by PM:

Barb

As the old saying goes "It is a Free Country."

You do not have to post what you are doing on the Board; but I would like to see your statement and this response posted for the benefit of others.

If you are comforable posting it please do so. In the alternative you can let me know by PM and I can post the information without identifying who asked the question. You are one of my heroes and someone that I am proud to have met here on TUG.

We need more like you to spread the word when they have the opportunity to visit an RCI resort over the next few weeks.

There is no way that you can get in trouble at a resort where you are an owner or an exchanger by talking to people that you meet who may be interested in what you have to say.

If you get the chance to chat with a member of your HOA or the Resort Manager, recommend that you put a question to them this way.


Are you aware that it is possible that RCI has been taking inventory deposited by your owners and renting those weeks to the general public for less than the cost of the maintenance fees paid by those owners?

They may have no knowledge that RCI has been renting weeks deposited by owners.

If it turns out they knew nothing about it, explain that there has been a lawsuit about the practice and that a settlement has been reached in the lawsuit against RCI about "renting weeks" that owners at the resort deposit for exchange.

Then emphaize that the settlement has not been finalized and owners have the opportunity to object to the settlement if they choose to do so.

The Manager, HOA, or other timeshae owners may then want to hear more about what restrictions or LACK of restrictions are to be implemented to reign in RCI?

That is when you can give them your TUG print out about objecting and/or suggestions about what to say when objecting.

I guarantee you there will be interest if the person you are talking to understands that RCI will be free to keep on renting deposited weeks with little or no restrictions.

They may be aware that their has been a settlement but they very well may not know that the settlement is NOT FINAL until the judge says it is final.

You could then talk to them and explain how you feel as an owner at an RCI affiliated Resort.

Points to Make:


1) Is the Resort aware that RCI has been renting "weeks" deposited by owners for exchange?
They very well may NOT be aware because RCI apparently sends "renters" using the same confirmation that an RCI Exchanger would use.

For input on how this was discovered go to the following link and read what Jeannie has had to say about that very point.

http://www.timeshareforums.com/forum...reement-7.html

The average "Manager" or HOA owner would, I believe, be upset (not at you but at RCI) to learn that RCI has been sending non-owners ("renters") instead of actual timeshare exchangers to use their Units without telling the Manager or the HOA upfront.

2) A timeshare exchanger is welcome at the Resort where you will be staying because to the Manager of the Resort that timeshare exchanger is a timeshare owner who knows how to take care of the UNIT.

Some "Joe the Plumber" who is renting the UNIT will not necessarily be as caring about the condition of the UNIT when they depart.

3) IT IS SIMPLY NOT GOOD FOR BUSINESS. THE OWNERS AT THE RESORT or the staff that have to clean-up after those Renters should be unhappy.

4)The Management or the HOA may depend on Rentals of Units for owners as extra income to the HOA.
They, the Management and HOA, should be upset to find out that RCI has been grabbing the best season weeks and renting them below what the resort management or the HOA could get for similar rentals.
 

TSToday

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New Information

Prior to the last hearing that resulted in the new notice being sent, the Plaintiffs Attorney sent a letter to the court saying that the new notice would only produce the same objections that have already been presented. He then listed them. While the volume of objections above the 100 or so already sent will be very powerful, it will be extremenly beneficial for those who intend to appear in court to present new information that has since come to light. The Complaint in the Points Class Action can help in that regard in that it provides a lot of informative allegations.

Having a strong attendee turnout on November 30th will also send a strong message.
Shep Altshuler
TimeSharing Today
 

Goofyhobbie

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Complaint Referred To by TSToday

To get a feel for the objections that were brought to the Court's attention during the June 16th Fairness Hearing read Jennie's first post in this thread.

Link provided here: http://www.tugbbs.com/forums/showthread.php?t=100107

Timesharing Today is pointing out that there has since been new fodder for your objector cannon if you are a member of the RCI "Weeks" Class and want to object to the currently proposed settlement.

That "new information" is well articulated in the complaint before the U. S District Court District of New Jersey in the NEW RCI "Points" Class Action Lawsuit.

For those of you who have not read the Complaint in the RCI "Points" Class Action Lawsuit because you have been unable to easily access the complaint try this link: http://tstoday.com/rciclassaction/glenz.pdf.

Timeshare Today on October 2nd made a very informative post at Timeshare Forums which elaborates on the "new information" that one could bring to the attention of the Court in the Weeks Lawsuit.

For those who want to glance at the Timeshare Forums post use this link: http://www.timeshareforums.com/forums/rci/98427-tstoday-email-update-rci-lawsuits.html

When you read the RCI "Points" complaint look for the NEW information that was NOT brought to the attention of the Judge during the RCI "Weeks" Class Action Fairness hearing on June 16, 2009.

Now consider extrapolating the information in the "Points" complaint and making that NEW information part of your objection to the proposed settlement in the "Weeks" Class Action Lawsuit.

For Example:

The complaint in the "Points" class action lawsuit brings up the allegation that RCI has breached the "implied covenant of good faith and fair dealing."

Although RCI ostensibly sets forth in its terms and conditions the relationship between a RCI Weeks Member and RCI, that contract with RCI contains an implied covenant of good faith and fair dealing prohibiting RCI from doing anything that will destroy or injure the Weeks Member's rights to the benefits of the contract or frustrate the weeks member's expectations and the fundamental purpose of the contract.

The proposed RCI Weeks Class Action settlement frustrates the expectations of RCI weeks members and thwarts the fundamental purpose of the contract - securing reasonable access to comparable weeks deposited by other RCI Weeks members.

Strickly limiting RCI's ability to rent or otherwise dispose of weeks deposited by the RCI Weeks membership, a limitation that RCI does not currently recognize or honor, is necessary to give effacy to the contact between RCI Weeks members and RCI.

RCI has reduced and continues to reduce the pool of deposited weeks available to weeks members in an arbitrary, unreasonable, and capricious manner. The current settlement proposal to allow deposits to stay in the RCI Spacebank exclusively for exchange for 31 days if the deposit was made a year in advance continues to frustrate the expectations of RCI weeks members and thwarts the fundamental purpose of the contract - securing access to all Weeks deposited by other RCI Weeks members which have been deposited specifically for exchange purposes.

Allowing the 31 day exclusivity (or any other proposed restriction on RCI's business practice of skimming weeks from the Spacebank) to last for only two years just adds insult to injury and does little to repair the breach of the "implied covenant of good faith and fair dealing."
 

BellaWyn

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Stephan - One new member’s opinion

DeniseM, Are your questions asking in the role as Moderator? <--- very rude!:eek:
Stephan’s posts affect me like a diabetic who has consumed too many carbs! Mounds of hyperbole mixed with massive amounts of verbose rhetoric smothered in turgid language. Yum…. :crash: It gives me a headache or worse. It’s not worth energies (or keystrokes) to argue with him.

Is it possible to post something simple like: “I opt not to respond to these misleading comments” or “I refuse to have a battle with an unarmed person” or, (my favorite already-posted response)“horsehocky!”
Amusingly succinct but gets the point across. It will save a LOT of scrolling for those of us trying to get to GOOD information.

One new member's opinion and who SO appreciates the efforts of those contributing to this thread! :cheer: Thank you!

Now, back to my regularly scheduled reading of the valid threads........
 

brigechols

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There is another alternative - use the Ignore feature available on the bulletin board and it will automatically filter out posts by a specific user.
 
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