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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

Goofyhobbie

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Tia,

Thanks for sending in your objection and for helping us spread the word.

The more objections we get actually sent in the better chance we have of making a difference.
 

Dori

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I never did receive the postcard from RCI,so it's a good thing that I have been following this thread from the very beginning! I'll be sending my objection this week.

Dori
 

fionahr

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I am a member of RCI Asia Pacific - it's always been a separate company from the US RCI. I've been a weeks member for 11 or 12 years. Am I able to object or participate as well?

I really think weeks should remain in the exchange pool in trust for members, until very close to their expiry date, and then be available for rental within a short time frame. In demand weeks would then never be available for rental, unless their owners chose to rent them instead of use them.
 

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I live in Canada and have not received any official notification of the proposed settlement. I only learned of the importance of filing an objection at a recent Toronto TUG meeting.

Vern
 

Egret1986

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I mailed my three letters last week with my reasons for objecting to settlement

I'm sorry I don't have more info at this time and it won't be available to me until some time tomorrow. My husband indicated to me that a lawyer called and left a message on our answering machine regarding the RCI Class Action lawsuit and would like a return call. He didn't know whether it was an RCI attorney or Plantiffs' attorney.

Has anyone else received a call like this?
 

Goofyhobbie

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Asia Pacific Has Been herard From!

I am a member of RCI Asia Pacific - it's always been a separate company from the US RCI. I've been a weeks member for 11 or 12 years. Am I able to object or participate as well?

I really think weeks should remain in the exchange pool in trust for members, until very close to their expiry date, and then be available for rental within a short time frame. In demand weeks would then never be available for rental, unless their owners chose to rent them instead of use them.

Fionahr,

Good to hear from someone who is a member of RCI Asia Pacific. You are an RCI "Weeks" Member and therefore you are a Member of the Class in this Class Action Lawsuit. You can definitely file a claim AND most importantly you can send in an OBJECTION.

For more on your status please go to page # 31 of this thread and start at Post # 752. Recommend that you read through at least Post #757.

For instructions and a simple Form to make an objection go to this link:

http://rciclassactionlawsuit.com/TUG_member_information_and_instructions_for_RCI_class_action_settlement.html

Thanks for letting us know of your interest and please spread the word. We need as many objections as we can get.
 

Goofyhobbie

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Many Canadians Have Not Received Notification.

I live in Canada and have not received any official notification of the proposed settlement. I only learned of the importance of filing an objection at a recent Toronto TUG meeting.

Vern

VCEC,

Thanks for checking in.

We need your help to spread the word to others within Canada who may or may not have received an official notification.

For informational instructions on how to object please check out this link:

http://rciclassactionlawsuit.com/TUG_member_information_and_instructions_for_RCI_class_action_settlement.html
 

Goofyhobbie

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I'm sorry I don't have more info at this time and it won't be available to me until some time tomorrow. My husband indicated to me that a lawyer called and left a message on our answering machine regarding the RCI Class Action lawsuit and would like a return call. He didn't know whether it was an RCI attorney or Plantiffs' attorney.

Has anyone else received a call like this?

Egret1986,

Your indication that you received a phone call from an Attorney is the first that I have heard about. Please share with us more information when it is available. It would be interesting to learn if the Plaintiff or Defense attorneys are following up after receiving their copies of our objection letters.

I am aware that some objection letters have been received by the Court with incomplete information. Remember the Court has to be able to identify the objector as a legitimate member of the class. To do that the Court needs ALL of the required information about the RCI Member including your RCI account number, Resort ID # and the name of your RCI affiliated resort.

For anyone who is not sure about what is required please go to the following link and review the Instructional Information provided.

http://rciclassactionlawsuit.com/TUG_member_information_and_instructions_for_RCI_class_action_settlement.html

For anyone who wants to print off a FORM that provides a simple Objection Letter with places to provide all the correct information please go to the same link above and look for Informational Instruction # 6.

We do not know at this time whether or not the Court will recognize objection letters that do not have all the information requested ; but we do know that the Clerk of Court is notating all letters about the RCI "Weeks" class action and stamping them with the date received.
 

HudsHut

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Hi, I have a question: I quit RCI last April (2009). My resort is Worldmark membertship. Can I do the objection as the week's owner? (I am trying to put worldmark as resort ID). ...
Thank you very much!
emily

Does anyone know what Resort ID # to use for WorldMark?

In post 569 of this long thread, I found examples of reasons for objection to include in my letter. (I know I don't need to, but I appreciate the synopsis to quickly refer to.)

Thanks for the sample letter. Ours will go out tomorrow.
 
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Goofyhobbie

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Which WorldMark?

Hi Hudshut,

As you probably know there are many RCI Resorts within the Worldmark Club group of resorts.

Examples:

WorldMark Wolf Creek Village Resort # 5595

WorldMark St. George # 6382

WorldMark Bear Lake # 5880

WorldMark Oceanside # 7599

WorldMark Yosemite Northshore Estates # 4049

WorldMark Anaheim # 7602

WorldMark Wine Country Sonoma County # 7548

WorldMark Big Bear #4205

WorldMark Palm Springs # 3978

If your resort # has not been identified above share more information and I will look it up.
 

Egret1986

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Plantiffs Attorney Janelle Weling (on West Coast)

Egret1986,

Your indication that you received a phone call from an Attorney is the first that I have heard about. Please share with us more information when it is available. It would be interesting to learn if the Plaintiff or Defense attorneys are following up after receiving their copies of our objection letters.

I am aware that some objection letters have been received by the Court with incomplete information. Remember the Court has to be able to identify the objector as a legitimate member of the class. To do that the Court needs ALL of the required information about the RCI Member including your RCI account number, Resort ID # and the name of your RCI affiliated resort.

For anyone who is not sure about what is required please go to the following link and review the Instructional Information provided.

http://rciclassactionlawsuit.com/TUG_member_information_and_instructions_for_RCI_class_action_settlement.html

For anyone who wants to print off a FORM that provides a simple Objection Letter with places to provide all the correct information please go to the same link above and look for Informational Instruction # 6.

We do not know at this time whether or not the Court will recognize objection letters that do not have all the information requested ; but we do know that the Clerk of Court is notating all letters about the RCI "Weeks" class action and stamping them with the date received.

Anyone been contacted by this person? I probably won't be able to call her until some time tomorrow. I know I made what I considered to be some very valid points in my objection, but surely I'm not the only one to be contacted.
 

dneuser

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I'm sorry I don't have more info at this time and it won't be available to me until some time tomorrow. My husband indicated to me that a lawyer called and left a message on our answering machine regarding the RCI Class Action lawsuit and would like a return call. He didn't know whether it was an RCI attorney or Plantiffs' attorney.

Has anyone else received a call like this?

I received such a call - and it could be very important that you answer the call if it is from Plaintiff attorney.

If the call came from Susan B. Collins - she is an attorney for Plaintiffs. There may be others but I am not aware of their names. She is representing my husband and I and others on this board. How many - I'm not sure.

Reason you may be getting a call from Plaintiff Attorney - You may have sent in a letter of objection but also listed name of an attorney or no specific attorney's name but said you were being represented by an attorney in the body of the letter. Susan has been contacting people whose letters have been questioned or rejected by RCI attorney's as being incorrectly filled out. RCI attorney or attorney representative may be attempting to remove those objections letters as invalid such that the judge never has to consider them in his deliberations.

If you are being represented by an attorney, you need not submit an objection letter at all. The attorney represents your interests and your objections are submitted as a group in a plea directly to the judge. At least this way you know it gets to his ears and is heard. Unfortunately, from what I gather, you cannot do both a letter and a legal representative.
 
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Carolinian

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If this is true, then RCI DELIBERATELY or incompetently put false information in the notice they have online. According to section 15 of that notice, all that is required is name, address, and phone number. That should void the notice or RCI should not be able to object when it is its own fault that people would not put that additional information in their letters. This is just the sort of sneaky and underhanded trick one would expect from the likes of RCI.


Egret1986,

Your indication that you received a phone call from an Attorney is the first that I have heard about. Please share with us more information when it is available. It would be interesting to learn if the Plaintiff or Defense attorneys are following up after receiving their copies of our objection letters.

I am aware that some objection letters have been received by the Court with incomplete information. Remember the Court has to be able to identify the objector as a legitimate member of the class. To do that the Court needs ALL of the required information about the RCI Member including your RCI account number, Resort ID # and the name of your RCI affiliated resort.

For anyone who is not sure about what is required please go to the following link and review the Instructional Information provided.

http://rciclassactionlawsuit.com/TUG_member_information_and_instructions_for_RCI_class_action_settlement.html

For anyone who wants to print off a FORM that provides a simple Objection Letter with places to provide all the correct information please go to the same link above and look for Informational Instruction # 6.

We do not know at this time whether or not the Court will recognize objection letters that do not have all the information requested ; but we do know that the Clerk of Court is notating all letters about the RCI "Weeks" class action and stamping them with the date received.
 

Goofyhobbie

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Tuggers Are Making A Difference!

Good Afternoon Carolinian,

If this is true, then RCI DELIBERATELY or incompetently put false information in the notice they have online. According to section 15 of that notice, all that is required is name, address, and phone number. That should void the notice or RCI should not be able to object when it is its own fault that people would not put that additional information in their letters. This is just the sort of sneaky and underhanded trick one would expect from the likes of RCI.

The Notice and the requirements of the Court have been inconsistent for some time. You would think that by now someone with the power to fix the inconsistencies would have done so.

Before putting out my Informational Instructions, I did my best to get accurate definitive information.

The Summaries posted at RCI.com, including Section 15 of the Notice that you refer to above have left out necessary required information.

I chose to include any information that was required in the Settlement Agreement, as filed with the Court on November 21, 2008. In that document more information was required than what was published in the Summary that you referred to above. To see the requirements which are in pdf format go to http://www.weeksprogramsettlement.com/courtdocs.htm and then go to page 268.

Because the Settlement Agreement required more rather than less information, I chose the more information approach.

The Attorneys involved have been paid big bucks to get things right; but they are human and being human they make errors which confuse the rest of us.

For Example: Using the Actual Settlement Agreement as my guide, I originally published the address of the Plaintiff's Attorney to include his street address. (It was MORE information than was required; but the Settlement Agreement specifically included the street address.)

Guess what! The Plaintiff's Attorney did not like the use of his street address so he indirectly contacted me and insisted that I change the address published at TUG and at www.rciclassactionlawsuit.com.

Before that address was changed to omit the street address many objection letters were filed using the Form Letter published at www.rciclassactionlawsuit.com.

I can assure you that letters (properly completed), using the format provided meet the requirements of the Court with or without the street address of the Plaintiff's attorney included.

The fact that so many objectors have used that Form Letter is a testment to the fact that we here at TUG are making a difference.

For anyone looking for a simple way to file your objection please go directly to the Informational Instruction and scroll down to Informational Instruction # 6. There you will find the Form Letter. A shortcut link is provided here:

http://rciclassactionlawsuit.com/TUG_member_information_and_instructions_for_RCI_class_action_settlement.html
 

HudsHut

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Hi Hudshut,

As you probably know there are many RCI Resorts within the Worldmark Club group of resorts.
...
If your resort # has not been identified above share more information and I will look it up.

Thank your for your reply. WorldMark owners do not have a "home resort", so that's why I am not sure what to put. I don't know if any WorldMark RCI # would suffice, or if there was a "generic code" that identified WorldMark owners in RCI's sytem.
 

Goofyhobbie

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hudshut,

O. K.

Look at your RCI Account Number.

I called the RCI phone number for Worldmark owners (1-800-585-4833) and asked the Vacation Guide to ask his supervisor what you as a WorldMark Owner should use as your Resort Number as a claimant in the RCI "Weeks" Class Action Lawsuit.

According to RCI the first four digits of your RCI account number would be the number you would use to identify your resort. The resort name that you should use is simply "WorldMark."

Hope that helps.

Thank you in advance for your objection to the RCI "proposed settlement."
 

Goofyhobbie

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RE: Make a difference?‏

Folks,

A member of the group of attorneys that we refer to as the Plaintiff's attorney's has asked me several times to have a conversation about the proposed settlement.

In her latest E-Mail she said:

Dear Dave,

Thus far, you have declined my invitation to speak with me about the lawsuit, and yet I see from the chat forum that you seek to "make a difference". Just what difference do you seek to make?

My response a few minutes ago was as follows:

O. K. you have access to the chat forum. I interact at many chat forums; but my primary interaction takes place at TUG.

On November 9th at Page 31 of the TUG thread entitled "Update: RCI Class Action Lawsuit" within my post # 770 I did say:

"The more objections we get actually sent in the better chance we have of making a difference."

If you have a problem with me publically saying I seek to make a difference that is your prerogative.

I will respond and thereby create a conversation with you at the Forum.

Look for the beginning of my conversation at 8:30 P. M. tonight.

Dave
 

Goofyhobbie

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Open response to a request for a Conversation

To the Plaintiff’s Attorney

The proposed RCI “Weeks” Class Action settlement in my opinion frustrates the expectations of RCI “Weeks” members who have deposited their respective “Vacation Time” for the benefit of the membership. The settlement thwarts the fundamental purpose of the contract between RCI and their “Weeks” Membership.

That contract that RCI refers to as its “Terms and Conditions” has since at least January 1, 2000 ostensibly set forth the relationship between a RCI “Weeks” Member and RCI. It is known in legal circles as an adhesion contract. The essence of the contract from the perspective of the membership is to secure “Vacation Time” from the Spacebank ® which is comparable to what the member deposited for the benefit of other RCI members similarly situated. Because the settlement that you have negotiated does not meet the expectations of the average RCI member, I am encouraging those members to object.

Because an adhesion contract is by definition a contract where one party has significant power over the other, I feel compelled to point out to anyone who will listen that RCI is required to meet a higher standard or higher responsibility when dealing with their membership than would have been required if the contract had been drawn up at arm’s length between two reasonable individuals or businesses.

That higher standard or responsibility carries with it an implied covenant of good faith and fair dealing that in my opinion prohibits RCI from doing anything that would destroy or injure a member’s rights to the benefits of the contract.

I object to the modest restrictions in the proposed settlement. It is extremely frustrating to any RCI member who owns timeshare weeks when RCI exploits that member’s expectation by breaching the fundamental purpose of the contract which is to effectuate exchanges with other members. Instead of stopping RCI from breaching its implied covenant of good faith and fair dealing, the settlement allows RCI to continue its practices with only very modest restriction for two years following the settlement.

After that two year period RCI is free to do whatever it pleases regarding deposited “Vacation Time.” If, and when RCI is forced to re-negotiate restrictions on its removal of “Vacation Time” from the Spacebank ® the new restrictions placed on RCI should be made permanent.

RCI argues that it is replacing the valued weeks that it skims from the Space bank ® by replacing that “Vacation Time” with weeks it receives from developers, Hotels, HOAs and other sources.

As a member of RCI, I and other members of RCI, have no objection to the rental of “Vacation Time” that RCI receives from non-member sources. We also have no objection to RCI renting “Vacation Time” that has been deposited in exchange for the opportunity to go on a Cruise or to get other services through RCI. But, we do not deposit our weeks so that RCI can cherry pick from those deposits and replace them with low demand weeks that are not comparable exchanges.

There is apparently nothing in the settlement that requires RCI to demonstrate to its members that RCI is treating the membership fairly when it takes deposited weeks and replaces them with weeks RCI receives from other sources. Because of the lack of transparency, I am encouraging as many as possible to object to the settlement that the Plaintiff’s attorneys have agreed to.

RCI’s current business practice which is validated by the proposed settlement deprives a “Weeks” member (who does not have an on-going search in place) of the opportunity to access what RCI recognizes as high demand "Vacation Time" as soon as that “Vacation Time” is deposited and for a reasonable period of time thereafter.

It has been my observation that a relatively small percentage of RCI “Weeks” members can, in this economy, afford to pay their maintenance fees more than twelve months in advance of their “Vacation Time” check-in date. So, under the terms of the proposed settlement those members have no access to the high demand “Vacation Time” that RCI chooses to skim from the Space bank ®. Because of the inherent unfairness of the settlement in that regard I am encouraging as many members as possible to object to the settlement that the Plaintiff’s attorneys have negotiated.

I personally believe that RCI should be strictly limited in its ability to rent or otherwise dispose of weeks deposited by the RCI Weeks membership. RCI does not recognize or honor any limitations today. It is my opinion that the Court should not accept the proposed settlement. Seriously restricting RCI’s ability to remove “Vacation Time” for purposes other than providing that time to a dues paying exchanger is imperative to give efficacy to the contract between RCI and its Weeks members.
 

Egret1986

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I am aware of Susan Collins and have been reading and participating in this thread

I received such a call - and it could be very important that you answer the call if it is from Plaintiff attorney.

If the call came from Susan B. Collins - she is an attorney for Plaintiffs. There may be others but I am not aware of their names. She is representing my husband and I and others on this board. How many - I'm not sure.

Reason you may be getting a call from Plaintiff Attorney - You may have sent in a letter of objection but also listed name of an attorney or no specific attorney's name but said you were being represented by an attorney in the body of the letter. Susan has been contacting people whose letters have been questioned or rejected by RCI attorney's as being incorrectly filled out. RCI attorney or attorney representative may be attempting to remove those objections letters as invalid such that the judge never has to consider them in his deliberations.

If you are being represented by an attorney, you need not submit an objection letter at all. The attorney represents your interests and your objections are submitted as a group in a plea directly to the judge. At least this way you know it gets to his ears and is heard. Unfortunately, from what I gather, you cannot do both a letter and a legal representative.

.....from the beginning. As my previous post indicated, the call was from Janelle Weling who said that she was calling from the West Coast. I will attempt to call her tomorrow. I am just curious if anyone else has been contacted by this Plantiff attorney.
 

Carolinian

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There is a term in the law for lawyers making such mistakes, whether intentional or negligent, and it is called malpractice.

There is another legal doctrine that should stop them from being able to take advantage of their own screwup to suppress members letters, and that is the doctrine of estoppel.

The RCI and official plaintiffs lawyers really seem to be total slimeballs.

Good Afternoon Carolinian,



The Notice and the requirements of the Court have been inconsistent for some time. You would think that by now someone with the power to fix the inconsistencies would have done so.



The Summaries posted at RCI.com, including Section 15 of the Notice that you refer to above have left out necessary required information.

.

Because the Settlement Agreement required more rather than less information, I chose the more information approach.

The Attorneys involved have been paid big bucks to get things right; but they are human and being human they make errors which confuse the rest of us.
 

Jennie

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The call was from Janelle Weling who said that she was calling from the West Coast. I will attempt to call her tomorrow. I am just curious if anyone else has been contacted by this Plantiff attorney.

Ms. Jenelle Welling is the Lead (or possibly co-lead) attorney from the San Francisco law firm of Green-Welling. This is the firm that brought the class action lawsuit against RCI.

While we are not satisfied with the terms of the proposed settlement they have negotiated with RCI, Ms. Welling is an ethical professional (and very nice person) who has undoubtedly tried to reach you for a valid reason. As a Plaintiffs' attorney, she and her firm represent all class members unless they have retained another attorney (such as Susan Collins) to represent them as an "objector", or have "opted out" of the settlement. Her firm receives copies of all the objections filed with the Court. You may have omitted a required piece of information, or failed to sign your name. She is probably contacting you to advice you of what change is needed to make your objection legally valid.

By all means call her.
 

Carolinian

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I would not trust the nominal ''plaintiffs counsel'' who sold us down the river on the sellout called a settlement. They are in cahoots with RCI just to get their 7 figure legal fee. Settling this case without having any discovery is just mindboggling and to me is completely unethical. It does not surprise me at all that they would be trying to get objectors to withdraw their objections. It makes their path to the gravy train of that million dollar plus fee less perilous. That is all they seem to care about. They certainly don't care about their clients. If they get paid at all, let them get paid in those stupid trinkets they want us to be happy with.
 

DeniseM

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*quote deleted*

[This is my personal opinion as a Timeshare owner - not as a Moderator]

When you read Stephan's posts, please remember that he is the guy that is asking the court to pay HIM (not his clients - HIM) $250,000 out of the RCI settlement.

Notice that Stephan is only stating that he "suspects" that Ms. Welling is investigating Ms. Collin's client retention practices, not that she actually is!

Stephan has a ve$ted intere$t in trying to discredit Susan Collins, and in my personal opinion, this is an outrageous accusation!
 
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london

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Lawyer Discredit

It would appear that all the lawyers representing plaintiff's will be awarded some fee when all is said and done.

The larger law firms more fees, and the individual lawyers also a smaller fee.

Dependent on the number of clients they represent?
 
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