MARRIOTT VACATION CLUB DESTINATIONS EXCHANGE PROGRAM Class Action Settlement

Written by Welcome on April 26, 2018

Marriott Vacation Club Destinations Exchange Program Class Action Settlement, known as Finerman, et al. v. Marriott Ownership Resorts, Inc., et al., Case No. 3:14-cv-01154-TJC-MCR (M.D. Fla.) (the “Action”), Proposed Settlement and Claims Requirements for Affected Individuals and Entities.

A Brief Outline of the Marriott Vacation Club Destination Program Case.

A class action lawsuit was filed alleging Marriott Ownership Resorts, Inc. and International Cruise & Excursion Gallery, Inc. (“Defendants”) engaged in unfair and deceptive conduct in hiding the true cost of cruises offered to consumers in exchange for points allocated to them as a result of their purchase of memberships in a timeshare business concept offered for sale by Marriott Ownership Resorts Settlement of the litigation was reached, and in February 23, 2018, the U.S. District Court for the Middle District of Florida granted preliminary approval of the settlement.

Per the Class Notice, Defendants agreed to provide certain remuneration to class members who file claims, including Cash, Exchange Program PlusPoints, and Gift Cards, to settle existing claims related to allegations in the lawsuit.

At this time, the proposed settlement between all parties has yet to garner formal approval from the courts, which is expected to occur at the August 3, 2018 final settlement approval hearing before the U.S. District Court for the Middle District of Florida.

Class Members Must Act Before May 21st to Preserve All Their Legal Rights (in Connection with Exclusions and Objections). They Must Also File Claims by June 20, 2018.

Obtaining Cash, Exchange Program PlusPoints, or Gift Cards from the settlement requires filing a claim by June 20, 2018. Class members who fail to do so will not receive remuneration from the settlement.

Claimants Must Respond Urgently to the Pending Final Settlement Approval. Read below to learn more.

Who is Considered Part of the Settlement Class?

According to the class notice, you may be a member of the settlement class if you a person in the United States who, between January 1, 2010 and February 23, 2018, was a member of the Marriott Vacation Club Destinations Exchange Program, and who booked a cruise through International Cruise & Excursion Gallery, Inc.

Any claim for money (or other remuneration) by a member of the class must be made on the settlement website or mailed no later than June 20, 2018. Class members who do not file claims by this date will receive no remuneration and will release their claims against Defendants.

Considering the June 20, 2018 claim-filing deadline, and the May 21, 2018 exclusion and objection deadlines, taking prompt action is critical.

Important Deadlines for Filings Claims in the Marriott Vacation Club Destinations Exchange Program Class Action Settlement.

Exclusion deadlines: If you are a member of the class and wish to be excluded from the settlement, you must mail a written request for exclusion to the settlement administrator that must be postmarked or received by May 21, 2018. If you exclude yourself from the settlement, you will not receive remuneration from the settlement, but will retain claims you may have against the Defendants.

Objection deadlines: Class members may object that the settlement is not fair, reasonable or adequate. Objections must be submitted in writing to the Court by May 21, 2018, with copies sent to Class Counsel and Defense Counsel by May 21, 2018.

Who Are Members of Marriott Vacation Club Destinations Exchange Program Class Action Settlement?

According to the class notice, the class includes all persons in the United States between January 1, 2010 and February 23, 2018, was a member of the Marriott Vacation Club Destinations Exchange Program, and who booked a cruise through International Cruise & Excursion Gallery, Inc.

Summary of the Terms of the Proposed Marriott Vacation Club Destinations Exchange Program Class Action Settlement.

The class notice indicates that Defendants have agreed to provide certain remuneration to class members who file claims, including Cash, Exchange Program PlusPoints, and Gift Cards. Defendants have agreed to pay attorneys’ fees awarded to class counsel, while reserving the right to object to class counsels’ request for attorneys’ fees to the extent the request exceeds $3,000,000. In addition, Defendants have agreed to pay Settlement Administration and Notice Administration costs.

These and other provisions are set forth in the Marriott Vacation Club Destinations Exchange Program settlement agreement.

Summary of Proposed Award to Legal Counsel for Fees and Expenses

Per the class notice, the attorneys for the class will ask the Court to award them attorneys’ fees of up to $4,000,000, plus out-of-pocket expenses up to $300,000. These awards are subject to the court’s approval.

How Do Class Members File Claims in the Marriott Vacation Club Destinations Exchange Program Class Action Settlement?

To receive a share of the settlement fund, class members must file a claim on the settlement website or complete a claim form and mail it no later than June 20, 2018. More information about the claims process can be found in the class notice or on the settlement website.

Again, class members who do not file claims will not receive compensation.

In addition, class members who do not believe the settlement is fair, reasonable, or adequate can object by filing an objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail the objection to the clerk of the court, class counsel and defendant’s counsel postmarked for May 21, 2018.

Class members who do not wish to participate in the settlement may mail a written request for exclusion to the settlement administrator no later than May 21, 2018. Class members who exclude themselves from the settlement will not receive remuneration from the settlement.

Meeting the May 21, 2018 Filing Deadline for Objections or Exclusions Is Critical.

Additionally, Any Claims Must be Made by June 20, 2018.

A claim form must be completed on the settlement website or mailed by claimants wishing to assert their legal rights in light of the terms of the Marriott Vacation Club Destinations Exchange Program settlement before the United States District Court, Middle District of Florida. The mandatory date to file a claim is not later than June 20, 2018.

Class members who do not file a claim will not receive remuneration from the settlement, and will release their claims against Defendants related to the allegations in the lawsuit.

For more information, visit the Marriott Vacation Club Destinations Exchange Program Class Action Settlement webpage at

http://www.cruisefaresettlement.com/

References:

http://www.cruisefaresettlement.com/

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