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

[TSToday]

Objections

In case some of you did not see my prior request, please send a copy the objection letter you sent to Court to us:
RCI Class Action
c/o TimeSharing Today
114 County Rd, Ste 114
Tenafly, NJ 07670

Prior to the first Fairness Hearing in July, I traveled to the court to view the letters sent by Weeks Members . Sending us a copy will be very helpful in our effort to gather information.

The November 20th deadline for filing is not too far away.

Shep Altshuler
Publisher
staff@tstoday.com

 

[ecwinch]

Kirby - I can't explain the wording, but the attorney in this case has stated, in a previous post, that you can select a benefit AND object - both.

Hopefully we re-open that discussion.

My concern is the number of people that select or accept the benefit will be used as an indicator of the number who find the settlement acceptable. So why increase that number by accepting the trinket?

 

[TUGBrian]

another example of an objection letter submitted by Dave Smith, he is a member of the Florida Timeshare Owners group (ill be a guest at their meeting this sunday in venice florida btw).

Dear Sir or Madame:



I object to the proposed settlement in Resort Condominiums International, LLC, Civil Action No. 06-1222 (PGS). My RCI account # is 0964-07451. Through the Waresmit Joint Trust, my wife and I own three weeks at The Coronado Beach Resort, one week in The Mayan Palace Nuevo Vallarta, and six weeks in the World Wide Vacation Club.



I object because:

1. The proposed settlement does not address the core issue of RCI using weeks deposited for exchange as rentals instead of making them available to exchangers.



2. The remedies offered are temporary and would allow RCI to return quickly to the objectionable practices.



The following alternatives seem reasonable:



1. Decouple the rental and exchange operations of RCI requiring them to work at arms length. This would prevent the abuses of the past. RCI would be free to operate a separate rental agency and solicit time share weeks as inventory. Others now do this.



2. Require RCI to obtain the agreement of the depositor before that week is offered for rent, and to return 80% of the rental money collected to the depositor. Owners have paid RCI up front for getting an exchange. If RCI is to rent the deposit instead, the depositor should know about it and share in the rewards.



3. Prevent RCI from collecting a fee for deposits at the time of banking. If they didn't collect until an exchange was made they would have a much larger financial stake in actually making exchanges. To make exchanges they would need to retain exchange inventory. This system works well for several other exchange companies.



4. RCI has agreements with resorts which make it appear that owners may only exchange that resort through RCI. That is generally not true in practice, but does mislead lots of folks. Sales persons for these resorts typically describe the exchange option as only available through RCI. Eliminating any exclusivity agreements might introduce more real competition into the business. If owners felt that they had a real choice of exchange companies, they wouldn't have to accept RCI's unfavorable terms.



Thank you for your consideration.





Sincerely,







David H. Smith, Ph.D.

 

[tracie15436]

What's the point?

I'm sorry...but I've just received the postcard and begain reviewing the info on the websites, but it seems like a big waste of my time for a lousy $15 bucks or some credit from RCI. The people that stand to benefit seem to be the lawyers. What am I missing here?

 

[Goofyhobbie]

tracie15436 said:I'm sorry...but I've just received the postcard and begain reviewing the info on the websites, but it seems like a big waste of my time for a lousy $15 bucks or some credit from RCI. The people that stand to benefit seem to be the lawyers. What am I missing here?

Tracie, I have been corresponding privately with other TUGGERS and I just received the following Private Message from one of them. Note what they had to say and my response.

yeah, i don't know...i don't have time to read up on it and rci has been satisfactory to me so why complain?

It is NOT about the so-called Benefits you will receive. What RCI is willing to give you and other timeshare owners now and in the future isn't worth your time. BUT OBJECTING TO THE PROPOSED SETTLEMENT IS WORTH YOUR TIME!

IF the Settlement is sanctioned by the Court, RCI will be free to continue to SKIM off the best of the RCI Member deposits as soon as they are deposited and replace them with "junk," "mud weeks", or just weeks that you would not normally find desirable for an exchange.

A Court sanctioned settlement can be pointed to by other Exchange companies and used as an excuse to RENT deposits you should have access to in the future.

It is a VERY SLIPPERY SLOPE when it is determined that RCI can and should be able to freely take deposits and use them any way they see fit.

Yes, I too have had an excellent relationship with RCI for the last 25 years; but what they are doing to diminish the value of the Exchange System is NOT in my or YOUR best interest.

Please take the time to review more closely at a special web page:
http://rciclassactionlawsuit.com/

To do nothing is the same as NOT VOTING - We as Individuals that enjoy timesharing have to stand up for what is best for timesharing and what RCI is about to get in the Settlement is definitely NOT GOOD for Timesharing as You and I know it!

 

[Goofyhobbie]

YES! You Can Object and Accept a Benefit.

Kirby 2000 said: I've read several times that we can select one of the Benefits, a.k.a.Options, listed on the Claim Form and we can Object too. Wording contained in the Claim Form, Section 3, item B:

"This Claim Form will be governed by and construed under the laws of the State of New Jersey. By selecting one of the foregoing benefits and submitting or mailing this Claim Form to RCI, I consent and waive all objections to the non-exclusive personal jurisdiction of, and venue in, the United States District Court for the District of New Jersey for the purposes of all cases and controversies involving this Claim Form, the Settlement Agreement, and/or their enforcement, and I acknowledge that I am bound by the Release contained in the Settlement Agreement."

I am hung up on the wording: "...By selecting one of the foregoing benefits and submitting or mailing this Claim Form to RCI, I consent and waive all objections to..."

I realize I am hung up on one sentence...but how am I misinterpreting this? Thanks in advance.

Kirby,

It is not difficult to get hung up on a sentence that has 76 words. Long confusing sentences are the bread and butter of some attorneys.

Denise's statement that an attorney involved in the case has said that you can object and file a claim is correct.

I am not an attorney but, I will attempt to explain the sentence that has you hung up.

Break the sentence down and focus on the words in RED. You should be able to see that the writer is talking about the jurisdiction of the Federal Court. By selecting one of the benefits you consent and waive all objections to the court's jurisdiction.

By selecting one of the foregoing benefits and submitting or mailing this Claim Form to RCI, I consent and waive all objections to the non-exclusive personal jurisdiction of, and venue in, the United States District Court for the District of New Jersey for the purposes of all cases and controversies involving this Claim Form, the Settlement Agreement, and/or their enforcement, and I acknowledge that I am bound by the Release contained in the Settlement Agreement."

Hope the explanation helps you better understand that you are not waiving your right to object to the proposed settlement if you also file a claim for a a benefit.

 

[Goofyhobbie]

ecwinch said: My concern is the number of people that select or accept the benefit will be used as an indicator of the number who find the settlement acceptable. So why increase that number by accepting the trinket?

Excellent point!

But, the two statistics side by side should not sway the court one way or the other.

The Court should recognize that every member of the class who does not opt-out is entitled to a benefit. If less than 100% accept a benefit the Court will probably mark it up to apathy rather than a sign of unhappiness with the settlement itself.

Written letters of objection, on the other hand, are an entirely different matter. The Court will take judicial notice of Objections.

In most class action lawsuits there are very few if any objectors. The fact that there were in the vicinity of 100 or more at the time of the first Fairness Hearing given the poor notice to the class got the attention of the Court.

If we can grow that number substantially our chances of the objection campaign making a difference is huge. A significant increase in the objector group will more than likely persuade the Judge to force the attorneys to hammer out a more reasonable settlement.

A member of the class can claim a benefit and object. That point should be settled by now.

Others will no doubt disagree; but, if I were just now considering my options and had done nothing prior, I would NOT make a claim and then object.

Doing both at the same time strikes me as counterproductive and does not send the right message.

It is apparent, however, that many filed a claim the first time around, and some filed a claim this time without realizing how bad the settlement really is for them and for timesharing as we know it.

Let me make this clear, I am NOT an attorney. However, in my humble opinion if you are a member of the class that has not opted-out you CAN and should OBJECT even if you have already requested one of the five benefits.

Once you realize how bad the settlement is for you and timesharing do not let the fact that you have made a claim deter you from doing what you would have done had you realized the situation earlier.

 

[ecwinch]

Obviously everyone should make their own decisions, but perhaps here is at least one way to look at it:

1) If you have made a claim, please file an objection
2) If you have not made a claim, file an objection and defer filing the claim

Obviously if there is any change made in the settlement, that would trigger a re-opening of the period to file a claim.

 

[Jennie]

I think everyone should file an objection AND make a claim for one of the benefits.

At the court hearing on June 16, 2009 a small group of us showed up to object to the proposed settlement and to complain about the inadequate notification that had been sent to class members.

RCI's attorneys told the Judge that 15,500 members had submitted claims for one of the special one time benefits. They stated that that should be ample proof that most of the class members saw the proposed settlement notice buried on page 94 of Endless Vacations magazine.

The Judge responded that that was only a tiny percentage of all the members and he would have expected a much larger response for "freebies" if the majority of members had been aware of the availability. The judge went on to criticize many of the terms of the settlement, especially that it should remain in effect for many more than two years, if it is even approved.

So clearly the Judge did not see any incongruity between claiming one of the "trinkets" and also objecting to the settlement.

I personally see it as a way to inflict some "punishment" (however small) upon RCI for all the profit they have made on the weeks they snatched from the exchange pool. Close to 2 million members at $15. to $20. a pop isn't "chump change." (Note: some members have instead chosen the "search first" type of one time benefit that will presumably give them a better crack at obtaining a desirable future exchange).

So go for it! If nothing else, it will show the Court that many more RCI members have become aware of the lawsuit as a result of the second notice. With so many more people aware and now watching, it should make RCI realize that they have a much larger public relations problem on their hands than they ever anticipated. And maybe, just maybe this will motivate them to improve the settlement terms before they lose a lot more customers and business.

 

[catcher24]

Objections in the Mai

Leaving right now to mail my letter of objection to the settlement: original to the court; one copy to Mr. Berman; one copy to Mr. Sager. Also a copy to Mr. Altshuler at TimeSharing Today. I hope this helps, and that you have success at the appearance on the 30th!

 

[ecwinch]

I think everyone should file an objection and pass on filing a Claim.

Jennie,

Your comment suggests that RCI/Plaintiffs is will use the number that file a claim to support their position that the settlement is fair. Is it possible that the judges remarks were in light of the adequate notice issue - i.e. if notice was adequate and the settlement fair, why so few claims?

Having more claims would only seem to undermine the position of the Judge. It would be hard for him to raise the same concern if a large percentage of the members file a claim.

I would rather not send a mixed message and support RCI. In my mind, increasing the number of claims only supports their position that the settlement is fair. Why help them?

I would rather see the number of objectors exceed the number that accept the settlement - or at least be a meaningful number in relation to. I think that sends a better message.

 

[TUGBrian]

for my personal opinion as an owner, I'd agree. I wouldnt file a claim for the miniscule reward if I objected to the settlement.

 

[Goofyhobbie]

Folks, if you opt-out of the lawsuit you no longer have the right to object to the proposed settlement. However, if you have "deep enough pockets" there are attorneys out there who, no doubt, will seriously consider taking you on as a client.

Think about it. Why would an attorney such as the one who just posted come here to TUG and direct you to a "statement" where he says "make a stronger statement by opting out."

If I were you I simply would NOT GO THERE!!!!!

 

[DeniseM]

For everyone, almost all of your questions are answered in the only attorney's statement on the fairness of the Settlement itself at http://rciclassactionlawsuit.com/Ob...t_opinion_on_RCI_class_action_settlement.html.

Mr. Rogers, A better solution in my opinion is to "make a stronger statement by opting-out", as provided in my statement about the fairness of the Settlement in the link above.

Please note that this post was written by the attorney (Stephan) who is referring you to his OWN statement and who is also asking the courts to award him $250,000 as part of the RCI settlement....

 

[doubleos]

Opting Out of the Settlement

Stephan, If people were to opt out I was wondering if you could recommend a QUALIFIED attorney.

 

[Stricky]

Let stop picking on the guy. If you disagree with him just state it but let's not degrade him.

 

[london]

Good point

Let stop picking on the guy. If you disagree with him just state it but let's not degrade him.

Well taken. Stephan is trying to state his opinion about the RCI class action suit.

All posters on the BBS have rights protected the the constitution.

Most posts on this board, are merely personal opinions, including any of mine.

 

[doubleos]

REpting out and lawyer

You are both right, I should have just stated that I had trouble with his recommendation and my understanding of his request for renumeration, but there is actually some subtle meat in my response, ie. I was interested in an answer to my question. I understand that the original lawyers have stated that they intend to drop out if the objections cause RCI to reject the settlement and that Susan does not intend to continue with this if the class action goes to trial. I know this is getting ahead of the situation, but does anyone know of a lawyer they would recommend that might take this on if RCI were to back out of any settlement.

 

[jamstew]

The only class action attorney I know who was worth a damn at one time is Fred Baron in Dallas. He made his fortune as the plaintiffs' lead (I think) counsel in the massive asbestos/toxic tort litigation. I worked as a paralegal for one of the defense firms and sat in on quite a few depositions with him. Yes, he was paid an insane (IMO) amount of money, but his clients who were really sick received good settlements, as did quite a few who (again IMO) were not. Last I heard about him, he was in some hot water over illegal campaign contributions or some such, but if I were looking for class counsel, he would be it.

 

[tracie15436]

Thanks Dave!

 

[london]

Opt Out RCI Weeks Members

I wonder what type of settlements will be offered to RCI weeks members who do opt out?

Would the individual settlements be private and not for disclosure by the plaintiffs?

Perhaps members would receive a great number of free trades for X years, or refunds of all past years dues payments?

The issue is not so much about money, but the pool of weeks for exchanging.

Limiting of a time frame for weeks going to the rental pool.

As I recall RCI has about a million members?

 

[Goofyhobbie]

Realistically: Nada! Zip! None!

london said: I wonder what type of settlements will be offered to RCI weeks members who do opt out?

When someone opts-out of a proposed Settlement in a Class Action Lawsuit they usually do so because they simply do not want to be a member of the class. They want to keep their individual options open.

But realistically, opting out does nothing for the individual because that individual is on his own vs. RCI. RCI has no incentive to give that person anything.

I can see where a RCI Member might opt-out to send a message to RCI that the particular Member might hire an attorney and bring a separate law suit.

But, without that person actually bringing a separate suit and prosecuting it to the end - Settlement or Trial, I don't see that person getting anything from RCI.

 

[ecwinch]

Well taken. Stephan is trying to state his opinion about the RCI class action suit.

All posters on the BBS have rights protected the the constitution.

Most posts on this board, are merely personal opinions, including any of mine.

Personal opinions are fine, and like elbows, most of us have at least two.

But I think we have to frame a personal opinion in the proper context. Keep in mind that the opinion comes from:

- someone who has suggested that the case be dismissed and be re-filed in CA
- someone who presumably is a member of the bar in CA, and could potential become involved in the litigation if it was dismissed and refiled in CA
- someone who is a patent attorney, but has reported they are attending a conference on Class Action litigation
- someone who, as noted in their objection letter to the court, has attempted to "assist" the current Plaintiffs
- someone who now is recommending that owners "opt out" of the settlement. But previously decided to have their parent file an objection letter, rather than opt out
- someone who has been evasive when questioned directly

As much as I respect that everyone is entitled to state their opinion, I think it is reasonable to question the motivation given the information available. TUG has policies on being a shill. This is borderline at best.

 

[ecwinch]

I wonder what type of settlements will be offered to RCI weeks members who do opt out?

Would the individual settlements be private and not for disclosure by the plaintiffs?

Perhaps members would receive a great number of free trades for X years, or refunds of all past years dues payments?

The issue is not so much about money, but the pool of weeks for exchanging.

Limiting of a time frame for weeks going to the rental pool.

As I recall RCI has about a million members?

If you opt-out, you then are back to square one - as if the lawsuit was never filed. So you have to fund a lawsuit, and hope to get to the point where RCI is motivated to settle. And since this case never made it to discovery, you really do not have a lot to go on. Now if this settlement was obtained after discovery, that would be a different story. Which is likely why RCI is motivated to settle at this point.

If you opt-out, you are only preserving your right to file a claim in the future. And all the expense of pursuing.

 

[TUGBrian]

Just to dumb this down for folk like me =)

your options at this point are

1. do nothing

in essence this is accepting the agreement as written as it appears that no reply will be counted towards people who dont object or opt-out

2. opt-out

removes you completely from the current class action suit...doesnt claim you agree or disagree...you just dont want to be a part of it...only to be used IMO if you plan on participating in a separate suit against RCI

3. object

writing a letter to the addresses provided claiming you object to the current settlment as written, in hopes that enough people object that the settlement will be ammended to provide MORE for RCI members than what is currently offered...and that many on TUG feel is inadequate and temporary...and ultimately not actually providing a permanent solution for the main purpose the class action suit was filed


please let me know if I have missed or misrepresented any of the options. I dont need a dissertation or splitting hairs, im just trying to provide an easy summary of options for those who dont want to read 700 posts =)