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Originally posted by Carolinian View PostThere is some new info in the class action lawsuit, and two of the leaders among the objectors are posting on it OY. I have asked them to come here, too, but they haven't yet. There is a poll on the thread OY that everyone here should participate in.
On June 16th hubby and I flipped a coin to decide whether or not to tackle the horrendous New York and New Jersey traffic to attend the "Fairness Hearing" at Newark Federal Court. I thought it would probably be a waste of time, that we might just see a few incomprehensible legal arguments being made by the two teams of attorneys.
But it was quite the contrary. Judge Sheridan was surprised to have received so many objection letters from readers of TimeSharing Today magazine and was pleased to have some owners present to present their views and answer his questions. We learned that the proposed settlement would have become a "done deal" that day if owners had not written and spoken.
We are conferring with the plaintiff's attorneys (the guys who are supposed to be on our side) to try to bring about a more meaningful settlement. We've had some victories already that has undoubtedly shocked RCI. We've retained our own "Attorney for the Objectors". She is a woman who has excellent experience in class action lawsuits. It's difficult trying to battle a huge company like RCI but we are giving it our best shot.
I am not at liberty to disclose at this time the varied plans we have but we'll share them soon. The ultimate outcome will depend upon how much support we can garner from other timeshare "Weeks" owners. Hope we can count on many of you to spring into action when the time is right!
If you haven't already read the thread OY, here' a link: (I'm Jennie there as well as here) UPDATE: RCI CLASS ACTION LAWSUIT - must read for all RCI members - Timeshare Users Group Online Community Forums
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Here is a thread OY where a timesharer nailed RCI for taking her summer beach week deposit in a high demand / low supply area, which was deposited for exchange and RCI put it instead into the rental pool. She got them to admit that it was indeed her week.
RCI is skimming the best deposits for rentals - Timeshare Users Group Online Community Forums
When the new RCI notice comes out on the new Fairness Hearing on the sellout / settlement in the class action lawsuit, everyone needs to return their form objecting to the settlement and opting out. That is what will get the judge's attention and hopefully get the settlement rejected and the case moving for trial. Then RCI might have to get serious about a real settlement, not this travesty they have proposed.
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Object--absolutely
Opt out--maybe not the best option. You would no longer be a member of the class and we need a strong show of support and agreement from class members.
I wish I could say more at this time but a confidentiality issue is involved. There's a possibility that changes may be made to the proposed settlement before the new notices are mailed to class members. Discussions would then follow, debating whether the changes are significant enough to justify acceptance of the settlement. I don't want to raise false hopes, because it is only a slight chance but let's keep our fingers crossed.
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Object - Absolutely But Do So With As Big A Bang as Possible!
Jennie,
I have been following your updates and experiences both here and on another website. Thank you for what you and the other objectors have accomplished to date.
As a Fixed Week Owner of what is now two Red weeks (20 and 29) at Wyndham Harbor (Sandcastle Cove), New Bern NC since 1985 and since 1988 as a Blue Week (47) Owner of a Lock-Out Unit that sleeps 14 at Barrier Island Station in Duck, NC, I am seriously concerned about the apparent greed being exhibited by RCI.
It is obvious that they have slipped in a "term and condition" that allows them to exploit inventory. I can't say when they did it; but it has definitely been done. RCI has changed the long standing "terms and conditions" to allow them the right to take inventory meant for Exchange.
As most here know they have chosen to take hand picked inventory specificly deposited for EXCHANGE for use as RENTAL INVENTORY.
From their point of view, why not get relatively good RENTAL fees instead of just another Exchange Fee?
Obviously they have significantly enhanced profits for their stockholders by changing their business model.
From a business point of view their choice to change their business model makes sense; but I am extremely disappointed by the way they carried out the new business plan. RCI is definitely not doing business in an open and straight forward way.
They have carried out their plan for years with stealth, mis-information, and/or outright lies when interacting with Exchangers who fully expected that their timeshare would be deposited in the Exchange Pool and not used for any other purpose.
Their "Modus Operandi" misrepresented their business model to thousands of Timeshare Owners who had contracted with RCI for an "EVEN or Better Exhange."
I can honestly say that over the past 24 years I have not been disappointed by RCI regarding Exchanges. But, that could change at any time given their proven current skimming.
I routinely deposit all or most of my weeks each year when I pay the maintenance fees and have received some great exchanges. In fact my batting average has been 100%; but my success in getting what I want has been due to reasonably early deposit (although rarely more than 8 months out), reasonable expectation, experience in getting things done, and persistence!
I have not been aware of what RCI has been doing for as long as most of you; but, I have definitely been aware over the last 12 months that they have been actively taking inventory deposited by Exchange Members and renting same through "EXTRA VACATIONS" in a lot of cases for less than the actual owner's cost in maintenance fees.
Their actions have dramatically reduced the "available for exchange" PIE to the detriment of everyone who has contracted with them for Exchanges and that reduction should be compensated in a substantial way and not by a paltry coupon worh less than $25 per member.
Please keep all apprised as your Legal Battle continues and let us know how best to make our objections known to the judge.
Dave
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My wording must not have been the best. I certainly would not suggest opting out of what may be a continuing lawsuit, but only to opt out if this travesty of a settlement is approved. That distinction should be clear in any communication to the court.
Originally posted by JennieObject--absolutely
Opt out--maybe not the best option. You would no longer be a member of the class and we need a strong show of support and agreement from class members.
I wish I could say more at this time but a confidentiality issue is involved. There's a possibility that changes may be made to the proposed settlement before the new notices are mailed to class members. Discussions would then follow, debating whether the changes are significant enough to justify acceptance of the settlement. I don't want to raise false hopes, because it is only a slight chance but let's keep our fingers crossed.
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Going back to the OP, the 25000-30000 units that disappeared during the disenhancement, they make it soooooooo easy to suspect them of foul play/ill will/evil intent, but is it not possible that they actually did lose inventory, and they are trying to find it?
At the very least it would be worth around $5,000,000 to them, and since it appears to be better stuff, the rental value would be substantially higher. The stuff I know to be missing would be worth at least $1000/week as rentals, probably more.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
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Hmmmmmmm?!
Now a smattering of the better SWFL deposits that disappeared during the disenhancement are showing up in the 14-Day Window.
Wouldn't that mean those deposits are still there, or are still being made, and but no one can see them aways out?
Two explanations for that:
1. The trading power of all deposits was adjusted during the disenhancement so they now cannot see those better resorts until those trading power restrictions are dropped, at the last minute.
2. The deposits from the better resorts, made by owners/subscribers intending for them to go into the exchange pool, for other owner/subscribers, were diverted to another purpose instead, and only put into the exchange pool at the last minute, if they were not taken by someone at the other purpose.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
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Originally posted by JLB2. The deposits from the better resorts, made by owners/subscribers intending for them to go into the exchange pool, for other owner/subscribers, were diverted to another purpose instead, and only put into the exchange pool at the last minute, if they were not taken by someone at the other purpose.
So the few that don't get rented elsewhere in that huge amount of time, eventually show back up in the 14-day window.
The easiest way for RCI to avoid so many members seeing their own deposits rented out, would be to disappear them from "RCI" membership-viewable inventory altogether.
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As I have reported, the number of units available in SWFL was cut by more than 50% during the disenhancement, virtually all from the better resorts, say the top 20 in the area.
At the same time, trading power of existing deposits was cut substantially. In our case it was a 2-bedroom Gold Crown in peak season, one that always gets taken, as it has been this time.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
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SW FL Availability
As of 1 A.M. Monday Morning August 24, 2009 my best trader (currently pulling 132,585 Units) is Sandcastle Cove 2 BR (#3866) RED Week 29, 2010 with travel between 24-Aug-2009 to 31-Jul-2012.]
The Unit was deposited July 2009 (12 months in advance) and is currently pulling 17 SW FL Resorts (147 Units) designated as belonging in the Southern Gulf Coast of Florida.
The earliest availability is 19 September 2009 and the latest is 16 July 2011.
They include: Charter Club Resort of Naples Bay (#0212)
Charlotte Bay Resort and Club (#5107)
Island Towers (#0173)
Kahlua Beach Club (#1873)
Marco Resort and Club (#1861)
Fishermen's Village Resort Club (#4851)
Estero Island Beach Club (#3033)
Englewood Beach and Yacht Club (#7836)
Caribbean Beach Club (#0224)
Bonita Resort and Club (#1680)
Marina Village at Snug Harbor (#3024)
Sandcastle Beach Club (#2198)
Sandrift Resort (#5143)
Sea Oats Beach Club (#0763)
Tropical Sands Resort (#0721)
White Sands Resort Club (#0612)
Windward Passage Resort (#2644)
Dave
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Originally posted by JLBHmmmmmmm?!
Now a smattering of the better SWFL deposits that disappeared during the disenhancement are showing up in the 14-Day Window.
Wouldn't that mean those deposits are still there, or are still being made, and but no one can see them aways out?
Two explanations for that:
1. The trading power of all deposits was adjusted during the disenhancement so they now cannot see those better resorts until those trading power restrictions are dropped, at the last minute.
2. The deposits from the better resorts, made by owners/subscribers intending for them to go into the exchange pool, for other owner/subscribers, were diverted to another purpose instead, and only put into the exchange pool at the last minute, if they were not taken by someone at the other purpose.
Club Regency of Marco Island (#2023)
Marco Island FL, 34145
USA
2 BR (6 max)
Check-In Date
29-Aug-2009
Eagle's Nest Beach Resort (#0731)
Marco Island FL, 34145
USA
2 BR (6 max)
Check-In Date
28-Aug-2009
This is the type of stuff that wields the fatal credibility blow for me.
This is the HGVC stuff that I and the rest of us have grown accustomed to seeing, that I have seen regularly in my thousands of daily searches, and that disappeared during the disenhancement.
The appearance of it at the last minute means one of two things:
1. These are last minute cancellations of exchanges, confirming what we are saying, that the HGVCs have regularly been available in the past.
2. They have been somewhere else and no one took them.
Unless RCI has changed it's rules recently, they cannot be late deposits because you cannot deposit a week less than 14 days before the start date.
In either event, this is exactly and specifically the question I have asked my most trusted RCI person du jour and she can do no better than give me the RCI-speak run-around. I don't blame her as I lean toward believing she and other employees are getting the same run-around we are.
As a 20-year member, one who owns 6-weeks, one who has taken more than 100 exchanges, one who has tried to support RCI on the Internet as best I could when that was not a popular thing to do, I can think of no reason for them not to give me an explanation of what is going on . . . except unless that explanation would be more damaging to them than not giving me one.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
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