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TS Today "RCI Fairness Hearing Update"

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  • TS Today "RCI Fairness Hearing Update"

    I received this email from TS Today this morning...

    : : :RCI Fairness Hearing Update : : :

    Judge reserves decision - Requires additional briefs

    A three hour Fairness Hearing on June 16th, in US District Court in Newark, NJ, ended with Judge Peter G. Sheridan reserving his decision regarding the proposed settlement agreement in the RCI Weeks Class Action lawsuit and requiring the attorneys to submit briefs relative to the adequacy of the notice provided to the members of the class.
    After the Judge heard statements from the attorneys as to why they felt the agreement was appropriate and should be accepted, he listened to statements from three objectors to the settlement. Shep Altshuler, TimeSharing Today's publisher, explained that the notices published in Endless Vacation and USA were inadequate, primarily because of the low level of response received from 1.5 million RCI members. Susan Collins made a thorough presentation of the inadequacies in the terms of the settlement agreement and the settlement notice. She raised concerns about RCI's business and marketing practices and covered all of the points in her communications as published by TimeSharing Today. The Judge acknowledged that he had received the objections of TimeSharing Today's readers that were submitted by Ms. Collins, totaling over 100. He commented that it was substantial in comparison to other Class Action proceedings over which he has presided. Carolyn Lindholm, an avid timeshare owner and member of a large owners group in New York, stated her concerns about the growing unavailability of exchanges, the potential problems with the settlement agreement, the notice to members and RCI's business practices.

    The Judge paid close attention to all the details of each statement. He asked pertinent questions, expressed concerns about the two year limit of the settlement agreement, saying that it could result in having to deal with the same issues again in two years. He also questioned the value of the compensation to the members in relation to the $4 million in fees being asked by the Plaintiffs' attorneys.

    No one can predict what the judge's decision will be. However, the statements by the objectors were well presented and the substantial volume of email from TimeSharing Today readers did, unquestionably, effectively serve the interests of the members of the class by showing the importance of having a better settlement. As soon as the results become available, we will publish another TimeSharing Today eNews edition.

    From the publishers

    It is apparent, from what is transpiring in the RCI Class Action Lawsuit, that getting the news to our readers faster and more often is not only necessary, it is vital.

    TimeSharing Today played a key role in the Fairness Hearing because our articles brought Susan Collins and Carolyn Lindholm to the hearing. While Shep Altshuler spoke, their presence provided significant insights that the Court would not have otherwise been aware of. In addition, your responses were absolutely invaluable in having the judge reserve his decision. Pure and simple: This time, the voice of the owner was heard.

    Timeshare ownership is a wonderful way to enjoy vacations. But, these are critical times. What affects one owner, affects all owners. We must stay on top of emerging issues to help stem and cure abuses. As a voice and an advocate for the owners, TimeSharing Today intends to act quickly and effectively. We are going to accomplish this by implementing a new eNews service. Our goal is three-fold. Publish TimeSharing Today eNews on a weekly basis, send important eNews Alerts as they occur and take action whenever possible. The cost of membership in this new enhanced service will be nominal. To be successful, we will need your support and participation by joining, speaking out and responding when a call to action is necessary.

  • #2
    Thank you Shep and TST. You were always a critical part of the Timeshare community.

    Comment


    • #3
      They were there when RCI's parent company was going to buy II and they are here again sticking up for timeshare owners. Perhaps instead of contributing to ARDA, one should subscribe to the magazine.

      Comment


      • #4
        Originally posted by tonyg
        They were there when RCI's parent company was going to buy II and they are here again sticking up for timeshare owners. Perhaps instead of contributing to ARDA, one should subscribe to the magazine.
        I second that suggestion!

        Comment


        • #5
          Yup....here here.

          Originally posted by tonyg
          They were there when RCI's parent company was going to buy II and they are here again sticking up for timeshare owners. Perhaps instead of contributing to ARDA, one should subscribe to the magazine.
          "If a Nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be.... If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed."
          -- Thomas Jefferson to Col. Yancey, 1816

          Comment


          • #6
            July 1, 2009

            TimeSharing Today has learned that the presiding judge has ordered the Attorneys to submit a new plan for sending notice to the 1.6 million RCI Weeks Members to inform them about the settlement agreement. When Susan Collins, Caroline Lindholm and I objected at the Fairness Hearing, the judge listened. The efforts by TimeSharing Today to have the interests of our members known worked. Your objections were presented and contributed to this important decision. The notice in Endless Vacation was not adequate.

            Comment


            • #7
              Susan Collins has posted some interesting comments in this thread OY:

              UPDATE: RCI CLASS ACTION LAWSUIT - must read for all RCI members - Timeshare Users Group Online Community Forums

              Comment


              • #8
                Missing post?

                What happened to that post that Jennie posted this morning about emailing to have Sue Collins represent? I saw it this morning and then went back to find the info but can't find the post.

                Comment


                • #9
                  Originally posted by djyamyam View Post
                  What happened to that post that Jennie posted this morning about emailing to have Sue Collins represent? I saw it this morning and then went back to find the info but can't find the post.
                  I do not know why she removed her 2 posts you may want to PM her.
                  Timeshareforums Shirts and Mugs on sale now! http://www.cafepress.com/ts4ms

                  Comment


                  • #10
                    Am I correct in assuming that what is currently going on with RCI, all the stuff that disappeared during the disenhancement, is meaningless, that the cruxt of the case has been heard and decided, and that it is just the notice that is being batted about?

                    RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

                    Comment


                    • #11
                      It Ain't Over Yet!

                      JLP posted: Am I correct in assuming that what is currently going on with RCI, all the stuff that disappeared during the disenhancement, is meaningless, that the cruxt of the case has been heard and decided, and that it is just the notice that is being batted about?
                      The cruxt of the case has not been heard by a jury or a judge. Lawyers are trying to shove a few "trinkets" at the class members and get a judge to sign off on the injustice!.

                      Although there is probably a connection with "all the stuff" that disappeared during the (dis)enhancement" the reason for the suit preceeded that issue by serveral years. RCI HAS BEEN RENTING DEPOSITED INVENTORY and thereby diminishing the opportunity for Weeks owners and for that matter Points owners to get an exchange. (THAT IS JUST WRONG!!!)

                      If you want to make a difference consider objecting to the current proposed settlement to the "Weeks" class action law suit. Without your help and the help of hundreds of other "objectors" RCI will just be getting a minor slap on the wrist and the lawyers involved will get up to $4 Million for sticking it to you if you are a member of the class.

                      Get involved by reading the thread at the link below and pay extra close attention to posts in that thread made by Susan Collins ("aka" Susan ) and Jeannie. (They and a few others have been at the hearings since June.)

                      UPDATE: RCI CLASS ACTION LAWSUIT - must read for all RCI members - Timeshare Users Group Online Community Forums

                      Susan an Attorney (and a timeshare owner) is leading the "objector group." Jeannie is one of us, a long-time timeshare user who decided to object in person at the fairness hearings. They and a few other "objectors" stood up for us all! As a result they have successfully persuaded the judge in the case to make RCI provide better notice to the class.

                      WE HAVE A SECOND OPPORTUNITY TO OBJECT to the settlement!

                      IT IS NOT TO LATE! You have until November to make your concerns known.

                      Dave

                      Comment


                      • #12
                        Most of what is being said here is extremely old news, complaints they we have been complaining about for years . . . but being presented as if we did not know about it. (Almost like the way RCI treats us. )

                        I was among the first to shout out that renting stuff from the exchange pool was a conflict of interest, especially for a company with a virtual monopoly (yeah, there are some mostly insignificant alternate exchange companies).

                        It all is quite confusing . . . some folks saying for us to stop the settlement, at the same time we just received emails saying it is a done deal (the second such notice).

                        Of course, I recently posted the response from my current helper person at feedback, that not showing everything that is in the exchange pool would be stupid of them, since exchanges is the way they make money. (Yeah, I have that in writing.)

                        So, at the same time they are admitting they do it, and that the lawsuit is legitimizing, they are still denying they are doing it. Wow! I'm confused.

                        Someone has to be wrong about the status of the suit. Most folks will to respond to the official notice, not stuff they happen to see on an Internet forum.
                        RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

                        Comment


                        • #13
                          Dad Blame It - Object!

                          Posted above by JLB: It all is quite confusing . . . some folks saying for us to stop the settlement, at the same time we just received emails saying it is a done deal (the second such notice).
                          JLB,

                          First, although this is old news to you personally and to TS4MS members and frequent visitors, it is definitely NEWS to a lot of folks that did not see the original published notifications.

                          Second, any current E-Mail or post card purporting to be official from RCI or the settlement administrator notifying you that a Settlement has been reached is probably a valid communication.

                          BUT, nothing said in the first notification or the current E-Mail or Post Card should be interpreted as meaning the COURT has declared the Settlement a "done deal."

                          THE SETTLEMENT most definitely is NOT a "done deal" until the presiding Judge accepts the Settlement!


                          It is UNUSUAL at the Fairness Hearing stage for a judge presiding over a Class Action to order the Defendent to again notify the class. He made that determination because he could see that prior notification was insufficient.

                          In this case the "objectors" at the hearing got the attention of the judge and we the Class have a second opportunity.

                          The "objectors" when given the opportunity by the Judge, helped him understand how Timesharing and Exchanging works. He asked questons and got an ear full.

                          We need to make sure he gets more of the same in writing from as many of us as possible. The alternative is not acceptable because timesharing and exchanging as we have come to know it over the years will diminish dramatically when RCI and other Exchange Companies have free reign to RENT anything that they get their hands on and can point to this proposed Settlement as their precedent.

                          It is our hope that the NEW attention (especially the Post Cards) will alert the unknowing among us and wake-up those who are not as sophiscated as you and others who frequent these boards.

                          WE HAVE A SECOND AND FINAL OPPORTUNITY as a community to stand up and say THIS IS NOT RIGHT!

                          Bitching and moaning all these years has now come to A HEAD.

                          It is now time to ACT! If you have not already done so send your OBJECTION to the suit in the required manner and let's then see what the Judge has to say!

                          Although I have never personally received any official notification from RCI, the Court, or the Administrator, I have become aware of what is going on through the BB and dad blame it, I am not going to let this second chance go by!

                          It is clear and substantiated at RCI.com (There is a link to the official court documents posted as required by the Judge.)

                          RCI - the largest timeshare vacation exchange network in the world

                          Note the link mentioned above can only be seen if YOU DO NOT LOG-IN and only if you scroll down to the bottom of the Front Page of the Web site.

                          PLEASE NOTE THAT THE E-MAIL says a "Settlement has been reached." It later states "IF THE SETTLEMENT IS APPROVED"

                          The way things stand right now that IF means a lot!

                          For anyone who has not seen the referred to E-Mail this is a reiteriation of the text as posted elsewhere on the Internet by an RCI Member who received it. (I have emphaized the key words.)

                          You May be a Member of a Class Action Settlement Regarding RCI Weeks® Timeshare Program and Entitled to Benefits
                          A Settlement has been reached in a class action lawsuit that claims that RCI, LLC unlawfully rented or otherwise disposed of timeshare inventory deposited by members of the RCI Weeks® Exchange Program. RCI denies any wrongdoing.

                          The Settlement affects anyone who was a member of the RCI Weeks® Exchange Program at any time from January 1, 2000 through August 31, 2009. If the Settlement is approved, Settlement Class Members who submit Claim Forms may receive monetary, travel-related or program benefits. Claim Forms must be submitted to the Settlement Administrator by November 20, 2009. If you previously submitted a Claim Form, you do not need to submit a new Claim Form.
                          • If you wish to exclude yourself from the lawsuit and keep your right to sue RCI on your own, you must send a written request for exclusion to David Berman, P.C., P.O. Box 111, Morristown, NJ 07963-0111 by November 20, 2009. If you do not exclude yourself, you will be bound by the Court's ruling in the case.
                          • If you do not exclude yourself, you can enter an appearance in Court through your own attorney at your own cost. You may also object to or comment on the Settlement. Objections and/or notices of appearance must be filed with the Clerk of the Court by November 20, 2009 and mailed to Class Counsel and counsel for Defendant.
                          The Court will determine whether to approve the Settlement at a Fairness Hearing on November 30, 2009 at 2:30 p.m. at the United States District Court, 402 East State Street, Trenton, New Jersey 08608.

                          For Detailed Information and a Claim Form
                          Visit: RCI Weeks Exchange Program Settlement, Call: 1-866-783-5876,
                          or Write: Settlement Administrator, P.O. Box 1966, Faribault, MN 55021-6162.
                          Questions may also be directed to Class Counsel by email at rcisettlement@njlawyer.com.
                          I apologize for my part in any confusion that you have. Now is the time to put that aside and let your objections be known.

                          Dave

                          Comment


                          • #14
                            Succintly, what is the likely reward for one who takes the risk of objecting?

                            Like, will rentals be stopped and the exchange pool be restored? Can I get the resorts I usetaget in January in SW FL?
                            RCI Member Since 24-Aug-1989/150-plus Exchanges***THE TIMESHARE GRIM REAPER~~~Exchanging/Searching/SW Florida/MO/AR/IA/Consumer Advocacy/Estate Planning/Sports/Boating/Fishing/Golf/Lake-living/Retirement****Sometimes ya just gotta be a dick

                            Comment


                            • #15
                              JLB posted: Succintly, what is the likely reward for one who takes the risk of objecting?

                              Like, will rentals be stopped and the exchange pool be restored? Can I get the resorts I usetaget in January in SW FL? Meanwhile my succinct answer is below:
                              Thank you for your question. I will put it directly to the Lead Attorney for the Objectors and get back to you.

                              Meanwhile my succinct answer is provided below:

                              We, the objectors are not dreamers. We are realistic!

                              Nothing can guarantee that you can get the resorts that you use to target in January in SW Florida. You already realize that there are many factors affecting that inventory outside of RCI control such as Owners using the UNITS for their own purposes as opposed to depositing.

                              The likely reward is the Settlement proposal will not be accepted by the Judge at the conclusion of the Fairness Hearing or RCI will accept a compromse Settlement presented on behalf of the objectors before the final Fairness Hearing takes place.

                              Rentals are not likely to be brought to screeching halt!

                              But, RCI may agree to keep deposits in the exchange pool until 90 days out and continue to do so well into the future. That would be a significant improvement over sending deposits of their choosing straight to Rental as the see fit.

                              Based on the currently proposed Settlement the only guarantee is RCI will keep a deposit in the exchange pool for 31 days after deposit if and only if it is deposited more than 12 months prior to check-in! That stipulation is currently proposed to last only two years.

                              Dave

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