TCPA

Written by Welcome on September 11, 2017

RESORT MARKETING GROUP FREE CRUISE TCPA Class Action Settlement

Resort Marketing Group Free Cruise TCPA Class Action Settlement, known as Charvat v. Carnival et al., Case No. 1:12-cv-5746, (N.D. Illinois) (the “Action”), Proposed Settlement and Claims Requirements for Affected Individuals and Entities.

A Brief Outline of the Resort Marketing Group Free Cruise TCPA Cases.

A class action lawsuit was filed alleging Resort Marketing Group, Carnival, Royal Caribbean,  and Norwegian violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, in connection with pre-recorded telemarketing calls made to landlines and cell phones offering free cruises with Carnival, Royal Caribbean, and Norwegian as promotions.

Settlement of the litigation was reached, and in July, 2017, the U.S. District Court for the Northern District of Illinois granted preliminary settlement approval.

Per the class notice, Resort Marketing Group and the cruise line defendants agreed to pay at least $7,000,000 and up to $12,500,000 to settle existing claims related to alleged violations of the TCPA. According to the attorneys who represent the plaintiffs and the class, the amount that individual class members who file claims could be up to $300 per call with a maximum number of three calls per claim.

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 April 2, 2018 final settlement approval hearing before the U.S. District Court for the Northern District of Illinois.

Class Members Must Act Before November 3rd to Preserve All Their Legal Rights.

However: Obtaining a settlement award check requires filing a claim by November 3, 2017. Class members who fail to do so will not receive a share of the settlement fund.

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 were the owner, subscriber, or user of a residential or cellular telephone line that received pre-recorded telemarketing calls between July 23, 2009 and March 8, 2014 that were initiated by RMG during which you were offered a free cruise with Carnival, Royal Caribbean and Norwegian cruise lines and your phone number is contained in the call records produced by RMG in this case.

Any claim for money by a member of the class must be made on the settlement website or mailed no later than November 3, 2017. Class members who do not file claims by this date will receive no compensation and will release their claims against Resort Marketing Group and the cruise line defendants.

Considering the November 3, 2017 claim-filing deadline, and the November 3, 2017 exclusion and objection deadlines, taking prompt action is critical.

Important Deadlines for Filings Claims in the Resort Marketing Group Free Cruise TCPA Class Action Settlement TCPA 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 by November 3, 2017. If you exclude yourself from the settlement, you will not receive a payment from the settlement, but will retain claims you may have against Resort Marketing Group and the other 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 November 3, 2017, with copies sent to the Settlement Administrator, Class Counsel, and each of the Cruise Defendants’ Counsel postmarked by November 3, 2017.

Who Are Members of the Resort Marketing Group Free Cruise TCPA Class Action Settlement?

According to the class notice, the class includes owners, subscribers, or users of residential or cellular telephone lines that received pre-recorded telemarketing calls between July 23, 2009 and March 8, 2014 that were initiated by RMG during which free cruises with Carnival, Royal Caribbean and Norwegian cruise lines were offered, and the phone numbers called are contained in the call records produced by RMG in this case.

Summary of the Terms of the Proposed Resort Marketing Group Free Cruise TCPA Class Action Settlement.

The class notice indicates that the settlement establishes a fund in the amount of at least $7,000,000 and up to $12,500,000. This amount will be used to pay Class Counsel’s attorneys’ fees and expenses, an incentive award to the Class Representative, and notice and administration costs, before making payments to Settlement Class Members who file a valid Claim Form.

Each RMG telemarketing call received will have a maximum value of $300. You may file a claim for up to three calls per telephone number included in the Call Records. This means that your maximum payment amount could be $900 per telephone number. Although payment amounts could be $300-$900, actual payment amounts will be based on the total number of calls and valid Claim Forms received.

These and other provisions are set forth in the Resort Marketing Group Free Cruise TCPA settlement agreement.

Summary of Proposed Award to Legal Counsel for Fees and Expenses

Per the class notice, the attorneys for the class will seek up to one third of the settlement fund plus reimbursement of reasonable expenses. Class counsel will also request and incentive award for the class representative in the amount of $50,000. These awards are subject to the court’s approval.

How Do Class Members File Claims in the Resort Marketing Group Free Cruise TCPA 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 or mail it no later than November 3, 2017. 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 a written notice of objection, postmarked by November 3, 2017, with copies sent to the Settlement Administrator, Class Counsel, and each of the Cruise Defendants’ Counsel postmarked by November 3, 2017.

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 November 3, 2017. Class members who exclude themselves from the settlement will not receive a payment.

Meeting the November 3, 2017 Filing Deadline Is Critical

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 Resort Marketing Group Free Cruise TCPA settlement before the United States District Court, Northern District of Illinois. The mandatory date to file a claim is not later than November 3, 2017.

Class members who do not file a claim will not receive a share of the settlement fund, and will release their claims against Resort Marketing Group and the cruise defendants related to the allegations in the lawsuit.

Those class members wishing to exclude themselves from the Resort Marketing Group Free Cruise TCPA settlement must do so by mailing a written request for exclusion to the settlement administrator not later than November 3, 2017.

For more information, visit the Resort Marketing Group Free Cruise TCPA Class Action Settlement webpage at https://www.rmgtcpasettlement.com

References:

www.rmgtcpasettlement.com

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