TS Today "RCI Fairness Hearing Update"

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

I think my position is one the would be more acceptable to more people, so more people would object in that manner . . . I don't agree with the settlement, but I don't to want to sue RCI myself. I may be interested in joining an objector class if the court would recognize them.

Trying to think like a judge, I can see that happening if enough people respond that way . . . more likely happening than the judge throwing out the settlement because a relatively small number opting out entirely.

JMHO

Let me say it this way. Probably because of my life experience, I have learned that very few people are willing to be identified as being opposed to a bully, which is what is being asked of them in opting out.

In this case, retaliation would be as easy as putting a notation on your account, and that will last forever.

IMHO.

I would guesstimate that 99 & 44/100% of those who do not (added by edit) like the way a bully bullies will not say that to the bully. They've seen what happens to those targeted by the bully, and they know better than to target themselves.

Personally, in life, I/we have received little reward for standing up for what is right. I/we have received a lot of grief for doing so.

[bnoble Senior Member Find all posts View Profile Close bnoble]

one European timeshare developer in attendance reported that 80% of the weeks deposited for exchange by his members were getting diverted to the RCI rental program, and it was seriously undermining the value of timesharing for his owners, and was causing problems for retention of members.

The solution to that is simple, becuase the developers are the real customers of RCI. Either renegotiate the terms of the RCI affiliation, forbidding renting of member deposits, or change/add affiliation to/with II, heavily publicizing to your owners the reason for the switch.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

The solution to that is simple, becuase the developers are the real customers of RCI. Either renegotiate the terms of the RCI affiliation, forbidding renting of member deposits, or change/add affiliation to/with II, heavily publicizing to your owners the reason for the switch.

Do you think that's why DVC jumped to RCI, to get $$$ for their rentals.

[bnoble Senior Member Find all posts View Profile Close bnoble]

DVC inventory comes from one of two pools: member deposits, and developer-owned weeks. It is easy to tell the difference between the two, because developer-owned inventory is managed by Mickey's travel agency arm, and the procedures for booking airport transportation, etc., differ.

The evidence suggests that member deposits do not cross over, and are only available for exchange. The evidence also suggests that developer inventory does not cross over, and is only available for rental. I imagine that's a consequence of the affiliation agreement that DVC negotiated with RCI---and I'm sure that agreement is anything but standard. Mickey is known for throwing his weight around to get what he wants.

I believe DVC switched for two reasons. One: RCI is much more effective at marketing rentals than II, and that broadens the potential pool for the developer inventory. Two: RCI simply has more exchange inventory, and so DVC members are better able to make satisfactory exchanges. True, II has more "name-brand" stuff, but most of the really good name-brand stuff never made it to DVC members, because it got snapped up in the internal Marriott/Starwood preference periods instead. RCI may have off-brand stuff, but there is still some good stuff there, and it's available to the prime depositors---even more now than before 5/30, as the ability to trade up was significantly limited.

Edited to add: there is probably a third reason---just flat out lower cost to DVC to affiliate. Again, Mickey is not shy about asking for what he wants.

Indeed, the evidence suggests that more DVC members are exchanging out in RCI, as there is *vastly* more inventory than there ever was in II. I would not call this a firm conclusion though, as there might be other reasons that inventory is more readily available. But, it's been very consistent for nine months now---well beyond any "priming the pump" period IMO.

[GoofyHobbie Member Find all posts View Profile Close GoofyHobbie]

Thanks For Your Patience

In several separate posts, I will provide basic instructions that vistors to Timeshare Forums can easily follow should they choose to object to the proposed RCI "class" action law suit settlement.


The instructions will follow immediately.
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Dave

All my posts are based on my personal experience or should be considered my personal opinion about the subject being discussed.

[GoofyHobbie Member Find all posts View Profile Close GoofyHobbie]

Informational Instruction # 1

WHAT ARE MY OPTIONS REGARDING THE PROPOSED RCI WEEKS “CLASS” ACTION LAW SUIT?

By now, many of you will have received the e-mailed or postcard “Notice from the Administrator” regarding your rights in the RCI Weeks litigation. If you believe you are a member of the “class” and have not received a personal notice there is notice available at RCI.com. [To access the link to that notice do not log-in to the site. Logging in (as of the date of this instruction) will prevent you from seeing the link. The link is at the bottom right hand side of the site and is easily missed unless you scroll down.]
What are your alternatives?

• You can do nothing. If you do not submit a claim form, you will not be entitled to one of the individual benefits the current settlement offers to “class” members. However, you will automatically be a member of the "class," and you will receive the general benefits under the proposed agreement if the agreement is accepted by the judge.

• You can accept one of the “benefits” offered by RCI in the proposed settlement without objecting.

• You can “opt out” of the “class” (which would preserve your individual right to bring a separate lawsuit against RCI.)

• You can object to the proposed settlement (This option allows you as an Objector to accept one of the benefits offered while also objecting.)
__________________
Dave

All my posts are based on my personal experience or should be considered my personal opinion about the subject being discussed.

[GoofyHobbie Member Find all posts View Profile Close GoofyHobbie]

Informational Instruction # 2

WHAT DO I DO IF I WANT TO OBJECT TO THE PROPOSED SETTLEMENT?

The Court will consider the proposed settlement agreement at a Fairness Hearing to be held on November 30, 2009 before the presiding judge, the Honorable Peter J. Sheridan. The Notice you should have recently received from the “class” administrator is the result of the initial objections to the prior notice by some of the objectors who appeared at the initial Fairness Hearing on June 16, and who successfully argued that the Notice which appeared on page 94 of the March/April edition of Endless Vacation magazine (which many RCI members did not see) was inadequate notice of the lawsuit settlement.

If you are a “class” member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. However, reasons for your objection are not required. If you choose to give reasons the Court will consider your views.

• You can represent yourself, or you can elect to be represented before the court by an attorney.

• You do not have to be represented by Counsel to file an objection.
__________________
Dave

All my posts are based on my personal experience or should be considered my personal opinion about the subject being discussed.

[GoofyHobbie Member Find all posts View Profile Close GoofyHobbie]

Informational Instruction # 3

What is the downside if I object to the proposed RCI “class” action settlement?

Last week I contacted my attorney, Susan B. Collins and put the following question to her:

What are the risks of objecting to the RCI proposed “class” action settlement?

Her written response is as follows:

Dave, as I see it, the risks of objecting are these:

1) Many members fear that RCI will retaliate against Objectors. On September 9, at the negotiations, RCI executives assured us that no retaliatory measures would be taken against objectors, and that they recognize that doing so would not be acceptable business practice. I specifically brought to their attention the fact that several years ago, I apparently "complained too hard" about a change in RCI's policies regarding bonus weeks issued for highly desirable deposits (including writing a letter to the CEO), and that RCI did retaliate against me, in that I received a call from woman who claimed that an exchange I had made with a bonus week was improper, and she canceled the confirmed exchange. I specifically told the executives that RCI members were concerned that RCI could lower the value of their existing deposits. They responded that there simply is no way to lower the value of an existing deposit. We then pointed out that the value of many deposits were lowered in the "recent unpleasantness" at the end of May, but an RCI VP assured us that that was a software glitch and was being corrected, and that trade power had been restored for most people, and that the restoration would be completed for everyone soon. (This "glitch" should have been corrected by now.) Despite these assurances, some skeptical RCI members may also find comfort in the fact that there is "safety in numbers," and that the more people who object, the harder retaliation would [theoretically] be.

2) If enough people object, the proposed settlement could be rejected by the judge. The Plaintiffs' attorneys tell us that they believe that this would be very much against the interests of RCI members. On the other hand, they really believe that the settlement answers most members' concerns, which is a position with which many members disagree, some vehemently. Some objectors have expressed grave concerns that no discovery was conducted, and question how effectively the attorneys could have negotiated without knowing the full extent of RCI's practices. (Plaintiffs’ attorneys claim that an order issued by the prior judge -- who has since retired -- prohibited them from conducting discovery.) Plaintiffs' attorneys have also expressed reluctance to try to the case, and have implied that they could find an alternative, such as settling on behalf of the named Plaintiffs individually. In that event, there might be no class action suit and no current or future restrictions placed on RCI, unless another action is brought. However, it is also possible that the judge would frown on such a tactic or that if RCI members were able to find another attorney or firm to represent the class, the action might be continued, or a new action might be brought. It is a risk, however, that each member should consider when deciding whether or not to object. In other words, is the proposed settlement of sufficient value that risking it’s not being implemented is a serious concern? (It is also interesting to note that apparently the Plaintiffs' attorneys, at least, seem to consider it possible that the objectors will succeed in having the proposed settlement rejected by the judge.)

Signed: Susan B. Collins
__________________
Dave

All my posts are based on my personal experience or should be considered my personal opinion about the subject being discussed.

[GoofyHobbie Member Find all posts View Profile Close GoofyHobbie]

Informational Instruction # 4

You Have Decided To Object What’s Next?

To object you must send a letter saying that that you object to the settlement in In re: Resort Condominiums International LLC, Civil Action No. 06-cv-1222 (PGS).

Be sure to include the class member’s name, address, telephone number, RCI Weeks Exchange Program Identification Number, Resort Identification Number, Resort Name and the signature of the "class member" or authorized representative if the "class member" is a trust, corporation, or other entity.


You can provide specific objections and the basis supporting your position; but providing specific objections or the reasons for your objections is not a requirement it is optional. If you provide specific objections and the reasons for them the Court will consider your statement.
__________________
Dave

All my posts are based on my personal experience or should be considered my personal opinion about the subject being discussed.

[GoofyHobbie Member Find all posts View Profile Close GoofyHobbie]

Informational Instruction # 5

Frequently Asked Questions:

Is there a simple form that I can send in to object?

Sending your objection to the Clerk of Court is exceptionally easy. A generic form letter has been provided within Informational Instruction # 6.

[I apologize in advance regarding the alignment of the text of the form. It was created in MS Word 2007 and for some reason certain things such as the placement of the Date did not line up when transferred to this site.]

Yep, it really is that easy just fill in the blanks and mail it with copies to the two individuals shown at the bottom of the form. One of the recipients of a copy will be the Co-Lead Class Counsel and the other gentleman is Defense Counsel.

What is the difference between objecting and excluding?

Objecting is telling the Court that you don’t like something about the settlement. You can object only if you stay in the “class.” Excluding yourself is telling the Court that you don’t want to be part of the “class.” If you exclude yourself, you have no basis to object because the case no longer affects you.

Does a Member of the “class” who chooses to object to the settlement require an attorney to represent the “class Member?”

No! Absolutely not, you can simply object by sending your objection in writing. There is no requirement that you be represented by an attorney.

What are the deadlines?

• If you wish to object to the Settlement, you must send your objection to the Clerk of the Court, Co-Lead Class Counsel and Defense Counsel so that it is received by them by November 20, 2009.

Note: Err on the side of caution! Mail your objection and the copies early. The administrator's post card says: “Objections...must be filed with the Clerk of the Court by November 20, 2009 and mailed to Class Counsel and counsel for Defendant."

• According to the Administrator's post card "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."

• If you wish to submit a claim, it must be received on or before November 20, 2009.

I own more than one RCI affiliated resort, do I have to list all the resorts that I own which are affiliated with RCI.

No, only one Resort Name and Resort Number is to be listed even if you own more than one.
__________________
Dave

All my posts are based on my personal experience or should be considered my personal opinion about the subject being discussed.

[GoofyHobbie Member Find all posts View Profile Close GoofyHobbie]

Informational Instruction # 6

Date: ____________

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

RE: In re: Resort Condominiums International, LLC

I object to the settlement in In re: Resort Condominiums International, LLC, Civil Action No. 06-cv-1222 (PGS)
REASONS FOR OBJECTION (OPTIONAL):



































Signed: ______________________ _________________________

Name(s): _____________________ _________________________
Address: _________________________________________
City: ___________________ State _____ Zip Code ____________
Telephone: _________________ RCI Weeks Account #:____________

Resort ID #:_______ Resort Name:_________________________

Cc: David C. Berman
A Professional Corporation
P. O. Box 111
Morristown, N. J. 07963 -0111

Cc: David S. Sager, Esq.
DAY PITNEY LLP
P. O. Box 1945
Morristown, N. J. 07962-1945
__________________
Dave

All my posts are based on my personal experience or should be considered my personal opinion about the subject being discussed.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Or, what I did, as shown in Post #26.

Counsel did not object to my objecting in that manner.

I think suggesting another class might be in order is not out of the question. It provides the judge another option to take it or leave it.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

The solution to that is simple, becuase the developers are the real customers of RCI. Either renegotiate the terms of the RCI affiliation, forbidding renting of member deposits, or change/add affiliation to/with II, heavily publicizing to your owners the reason for the switch.

The Seasons chain of timeshare resorts in Europe did exactly that. It is too bad that the special issue of their newsletter announcing the change to II rotated off their website because it really let RCI have it with both barrells, over both their rental of exchange deposits and unfair preferences to Points members.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Something Jennie said:

The Judge asked about it again and again and said that if changes are needed they should become permanent so as not to have more lawsuits brought after the 2 year period elapsed.

Perhaps a good reason to push for a new group . . . the Objector Class. Seems like the judge might have that in the back of his mind (I was in there looking around )

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Something Jennie said:

The Judge asked about it again and again and said that if changes are needed they should become permanent so as not to have more lawsuits brought after the 2 year period elapsed.

Perhaps a good reason to push for a new group . . . the Objector Class. Seems like the judge might have that in the back of his mind (I was in there looking around )

Building on that thought, it occurs to me that very little attention has been given to what is probably the most important part of this, or any, legal case, the judge.

In our imperfect system, one person gets to determine the fate of millions. Judges are people and they have vulnerabilities and predispositions. They can be pro-business or pro-consumer. They could like lady attornies. They could prefer male attornies. They could prefer old attornies. They could prefer young attornies. Bald heads. Long hair. Short hair. Blond. Brunette, redhead. On and on. Something someone says could catch their fancy. Something someone says could piss them off.

He could like neither side, and not want to have to decide.

It is often not about right or wrong, fair or unfair, facts and figures, legal or illegal.

Law is different in every courtroom. When the courtroom door closes, law is whatever the judge decides it is.