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

[Judy]

Jennie, and others, are trying to reach out to Tuggers who may not read the info. posted in the forums.

Well it worked Although I visit TUG often when I'm at home, I haven't had the time and patience to follow that looooooooooong sticky thread. But the email got my attention (obviously). My letter to the court is in the mail.
I hope it also got the attention of a lot of other timeshare owners. I know that it's been forwarded extensively because I also received a copy from another timeshare owners' group. Thank you, Jennie

 

[DeniseM]

Judy - If you don't want to read the "War and Peace" version, just click on the link in Post #1 of the lawsuit thread - there is a summary and copy of the objection form there.

 

[tombo]

This is what I am going to mail in. Any suggested changes before I mail it?





Clerk of Court
U.S. District Court for the District of New Jersey
402 East State Street
Trenton, N.J. 08608

RE: In re: Resort Condominiums International, LLC
Civil Action No. 06-cv-1222 (PGS)


I _____________________________________
object to the terms of the proposed settlement.

I believe that the court should order RCI to cease and desist from renting inventory deposited by members and RCI should be required make those weeks available for exchange only to members who have also deposited one of their owned weeks for the purpose of exchanging.

The proposed settlement allows RCI to keep renting our weeks deposited for exchange with no limitations and RCI will give current and past members almost nothing of value in return for their past and future misuse of our deposited weeks. Please do not let RCI off with a slap on the wrist and please do not allow them to continue to rent deposited inventory that should only be available for exchange. This law suit should forever prevent RCI from renting deposited weeks.

Thanks,




Name
Address
Phone Number
RCI Account number
Owner of numerous RCI affiliated weeks

 

[Egret1986]

It's still not too late to mail objections! Must be postmarked by 11/20/09, FRIDAY.

I mailed my signed objection letter to the court and provided copies (also signed just to be sure) to the two attorneys per the instructions. Hopefully they will arrive on time and my own bad habit of procrastination won't adversely affect my opinions being heard.

There's still time to get those objections in the mail. Including reasons for your objection is great but not required. All you have to do is send these letters with the required info, sign them and say that you object to the settlement.

 

[ccarr67]

I am totally confused. I just heard about this class action suit and am unclear as to what direction I should be going. What is the difference between settling with RCI and filing an objection? Could someone please clarify or give me more information so I can do this before the 11/20 deadline. Thank you.

Camille

 

[TUGBrian]

http://www.rciclassactionlawsuit.com has some summarized info if you dont want to read through the whole thread.

 

[Goofyhobbie]

What You Can Do Before November 20th, 2009

Camille,

Please allow me to be among the first to welcome you to Timeshare Users Group. You will gain tremendous insight about timesharing through interaction here and you will find that in time this website will serve you well by saving you and yours significant sums of money over time.

Thank you for searching out how you should respond before November 20, 2009.

If you were an RCI Weeks member at any time between January 1, 2000 and August 31, 2009 (even if you are not a member now), you are automatically a member of a class action lawsuit pending in the U. S. Federal Court in Trenton, New Jersey.

RCI is accused of removing highly desirable weeks that were deposited by members into the Spacebank, and RENTING them to the general public, often times at a price that is lower than what the owner pays in annual maintenance fees. RCI admits to doing this but claims it has the right to do so.

The attorneys who started the lawsuit in 2006 have made an agreement with RCI's attorneys to settle the case, but it must be approved by Judge Peter G. Sheridan at a "Fairness" Hearing to be held on November 30, 2009.

Submitting a Claim for one of the rather insignificant benefits being offered by RCI is your right as a member of the Class. The benefit is RCI's way of saying "we have done no wrong; but because you think we have done something wrong you can accept one of the benefits being offered."

Let me make this clear. As a member of the class you can file a claim for one of the benefits and ALSO Object to the proposed Settlement.

If you OBJECT to the proposed Settlement you ARE NOT excluding yourself from any Settlement "benefit" that RCI gives you as a member of the class.

If, at some point between November 2008 and April, 2009 you submitted a claim for one of the benefits you can still OBJECT to the Settlement between now and November 20, 2009.

If you have ever filed a claim for one of the benefits you can still Object to the proposed Settlement.

Unless you want to file a personal suit against RCI regarding their selling of deposited "Vacation Time" I humbly suggest that you NOT opt out! Opting Out is telling RCI that you reserve the right to file suit yourself and opting out prevents you from getting one of the benefits offered and most importantly opting out prevents you from Objecting to the Proposed settlement.

Camille, the proposed settlement is considered by many RCI Weeks members to be very unfair.

If you are a member of the class and do not like the proposed settlement, you are urged to send an objection letter to the Court.

It can be as simple as one sentence, for example you can simply say: “I object to the terms of the proposed settlement.”

BUT, YOUR OBJECTION MUST BE Postmarked by November 20, 2009.

As TugBrian said earlier: For information about how to file an objection go to:

http://rciclassactionlawsuit.com/TUG_member_information_and_instructions_for_RCI_class_action_settlement.html Informational Instruction # 6)

WE DO NOT AS YET HAVE WHAT I CONSIDER A SIGNIFICANT NUMBER OF OBJECTORS. PLEASE DO NOT LEAVE IT UP TO THE OTHER GUY TO OBJECT FOR YOU. IF YOU DO NOT OBJECT WE MAY END UP WITH THE CURRENT SETTLEMENT WHICH WOULD BE A TERRIBLE OUTCOME!!

If a large number of objection letters are received by the Court, we are hopeful that the Court will either force a trial or force the parties back to the negotiating table. Either of those two options, I believe will be far more beneficial to class members.

Thanks again for inquiring.

 

[TSToday]

Plain language???

The following is from the proposed settlement agreement in the Weeks Class Action Lawsuit. Will the average readers understand it as well as its implications. "RCI agrees that, as to those members and Former Members who reside outside of the United States as of the Execution Date and who do not submit a Claim Form under this Settlement Agreement, such Members and Former Members shall not be deemed to have consented to personal jurisdiction in New Jersey for purposes of this Settlement Agreement based solely on a consent to personal jurisdiction that may be included in an enrollment application for membership in the RCI Weeks Exchange Program."

I asked the Attorneys for the Plaintiffs and the Denfendant to explain why the recent Postcard Notice was not sent to Weeks Members residing outside the US. I did not get a response.
Shep Altshuler
Publisher

 

[janna]

Dave,

Thanks so much for the message and thanks to Jennie and Susan for standing up for all of us "clueless" RCI members. We had no idea about the original class action suit and even with the information sent, we still didn't understand the significance of the settlement. I don't know why I didn't think to come to TUG when we first received the mailed postcard and truly appreciate the notice! I've read the first 5 pages of this thread and the last. We'll read through the information links, finish reading the whole thread and send an objection letter tomorrow. Again, thanks so much! - janna

 

[Iwant2gonow]

Is anyone going on November 30th?

I will definitely write the 3 letters tomorrow. I am also wondering if anyone else from South Jersey may be driving up to Trenton on Nov. 30th?

Thank you to all who have taken the time to help preserve the rights we originally purchased.
Terrie

 

[iowateach]

My three letters went out yesterday.

 

[ecwinch]

Can you fax an objection in?

 

[Goofyhobbie]

Apparently not.

Can you fax an objection in?

That would be too easy. The "official website" specifically says the objection letters must be mailed.

To read the applicable information go to this link:

http://www.weeksprogramsettlement.com/faq.htm

Dave

 

[Jennie]

This is what I am going to mail in. Any suggested changes before I mail it?





Clerk of Court
U.S. District Court for the District of New Jersey
402 East State Street
Trenton, N.J. 08608

RE: In re: Resort Condominiums International, LLC
Civil Action No. 06-cv-1222 (PGS)


I _____________________________________
object to the terms of the proposed settlement.

I believe that the court should order RCI to cease and desist from renting inventory deposited by members and RCI should be required make those weeks available for exchange only to members who have also deposited one of their owned weeks for the purpose of exchanging.

The proposed settlement allows RCI to keep renting our weeks deposited for exchange with no limitations and RCI will give current and past members almost nothing of value in return for their past and future misuse of our deposited weeks. Please do not let RCI off with a slap on the wrist and please do not allow them to continue to rent deposited inventory that should only be available for exchange. This law suit should forever prevent RCI from renting deposited weeks.

Thanks,




Name
Address
Phone Number
RCI Account number
Owner of numerous RCI affiliated weeks

Great letter! Just make sure to list the name and I.D.# of ONE RCI affiliated resort that you own. And make sure to sign it.

(Someone I know prepared an "objection" letter stating that she never did and never will own an RCI week because of the unfair exchange program but she wants to "support the cause". I told her that she is not eligible to file an objection but she said "It's a free country and I'm going to express my views on their lousy business policy anyway". And off she drove, at age 88, to bring her letter to the post office. Sweet fiesty lady

 

[DeniseM]

After administrative review, the last post on this thread has been removed.

 

[GadgetRick]

After administrative review, the last post on this thread has been removed.

Thank you so much. Tired of seeing this guy just pop in from time to time and post something and totally ignore all of the valid questions asked of him.

 

[rwpeterson]

Letters

Our objection letters will be mailed out first thing in the morning.

 

[jstapleton]

Thank you. I will be sending in today.
Can I ask what the majority will be checking off?
$15 doesn't seem like the trouble but I would really like to see what is available before I make my deposit.
I have a 3 bedroom at OLCC, a 3 bedroom at Waterside in HHI and DVC but I only trade (sometimes) my OLCC.
Does that seem reasonable?
Thank you.

 

[Tia]

...$15 doesn't seem like the trouble but I would really like to see what is available before I make my deposit.
I have a 3 bedroom at OLCC, a 3 bedroom at Waterside in HHI and DVC but I only trade (sometimes) my OLCC.
Does that seem reasonable?
Thank you.

Thousands of $15 will add up to RCI if it helps to think of it that way. I think seeing what is available before giving them yours in very reasonable.

 

[DeniseM]

Thank you. I will be sending in today.
Can I ask what the majority will be checking off?
$15 doesn't seem like the trouble but I would really like to see what is available before I make my deposit.
I have a 3 bedroom at OLCC, a 3 bedroom at Waterside in HHI and DVC but I only trade (sometimes) my OLCC.
Does that seem reasonable?
Thank you.

The goal is to object to the settlement, so it will not be approved, so which option you choose, is not really a big deal.

 

[Jennie]

Thank you. I will be sending in today.
Can I ask what the majority will be checking off?....I would really like to see what is available before I make my deposit....Does that seem reasonable?
Thank you.

Very reasonable--that's what I personally chose. But a $20. credit toward your next exchange is tempting too.

You can file a claim by filling out a brief claim form on-line at the official web site:
http://www.weeksprogramsettlement.com/
The deadline for doing so is November 20, 2009


Here are the options available, per the official website:


"Eligible current members have their choice of one of five special benefits. A current member can choose:

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

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

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

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

(5) a $100 discount certificate per cabin for the purchase of any cruise offered by RCI, with the option of receiving additional $100 discount certificates toward the purchase of up to three additional cabins for the same cruise.

_________________________________________________________________
Eligible FORMER members can request to receive a $15 credit toward re-joining the Weeks Exchange Program or request a $15 payment from RCI.
_________________________________________________________________

Whether or not you decide to claim one of the above special benefits, it's important to file an objection by mail by November 20th.

It's a shame that one must "jump through hoops" sending 3 separate letters in order to make objections heard and considered. But those are the rules.

The more objections the Court receives, the better the chances are that this woefully inadequate proposed settlement will not be approved at the "Fairness Hearing" in Federal court on November 30th.

If you agree that the proposed settlement needs to be improved, please take the time to send an objection letter. It can be as brief as one sentence e.g. "I object to the proposed settlement." If enough people do this it can make a big difference.

 

[Goofyhobbie]

Object! Object! Object!

Denise,

Thank you again for pointing out the goal.

Far too many apparently get involved in deciding how they can best stick it to RCI by filing a small claim and fail to realize exactly what is needed to be done NOW!

THE GOAL IS TO OBJECT!​

Get that letter of OBJECTION postmarked by November 20th.

After you have objected you can separately go to the RCI website and file a claim for what amounts to a pittance.

 

[AwayWeGo]

You Mean I Left Out Some Essential Step? Sheesh.

Shux, I signed up (on line) to be part of the class & I sent in a nice letter of objection (based on Tombo's) to the Clerk Of Court up in Trenton NJ.

Now is there something else I have to do before November 20 in order to register an objection ?

It's always something, eh ?

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

 

[Jennie]

Shux, I signed up (on line) to be part of the class & I sent in a nice letter of objection (based on Tombo's) to the Clerk Of Court up in Trenton NJ.

Now is there something else I have to do before November 20 in order to register an objection ?

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

You're done! The letter you sent to the Court is the official way to object.

Did you send a copy of your objection letter to each of the 2 designated attorneys--David Berman and David Sager? That's a requirement. So long as it is postmarked by November 20th, you're good to go!

 

[AwayWeGo]

Didn't Do That Part.

Did you send a copy of your objection letter to each of the 2 designated attorneys--David Berman and David Sager? That's a requirement. So long as it is postmarked by November 20th, you're good to go!

Goofed up & did not do that.

Fortunately, the text of the nice letter to the Clerk Of Court is saved on the electric computer, so I can print out copies to send to the designated attorneys (with a notation that the original was sent to the Clerk Of Court yesterday).

Can I just search this TUG-BBS discussion topic for the snail-mail addresses of the attorneys ?

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