Who is the settlement class member of the Carnival Cruise Line case?
This Class Action Settlement Agreement and Release is entered into by and among Philip Charvat, the Settlement Class Members, Carnival Corporation & PLC, Royal Caribbean Cruises, Ltd., and NCL (Bahamas) Ltd., Resort Marketing Group, Inc. and Elizabeth Valente.
Where was the Charvat V resort marketing group case filed?
RECITALS A. WHEREAS, on July 23, 2012, Plaintiff filed a putative class action complaint (the “Complaint”) against the Defendants, in the United States District Court for the Northern District of Illinois, captioned Charvat v. Resort Marketing Group et al., Case No. 1:12cv05746.
How much did Charvat ask for in class action case?
Charvat asked for $50,000, on top of the amount he receives as a class member, for pursuing the case. However, Wood found $50,000 to be “excessive” and would be a “significant outlier” in a Telephone Consumer Protection Act class action.
Who will receive actual notice of Charvat campaigns?
The Settlement Class Members who will receive actual notice are those members whose phone numbers are included in the Charvat Campaigns. These class members will receive actual notice from the Settlement Administrator informing these class members of their right to file a claim.
Where is the case of Charvat v Resort Marketing Group pending?
Resort Marketing Group, Inc. et al., Case Number 1:12cv05846, currently pending in the United States District Court for the Northern District of Illinois and assigned to the Honorable Andrea Wood.
Where to send a letter to the RMG TCPA Settlement Administrator?
If your name or address needs to be corrected, you must send a letter to the Claims Administrator at RMG TCPA Settlement Administrator, P.O. Box XXXXX, City, ST XXXXX-XXXX.
What is an approved claim?
2.3 “Approved Claimor Claims” means the initial claim form or Settlement Website claim submitted by a Settlement Class Member that (a) is submitted timely and in accordance with the directions on the claim form or on the Settlement Website and the provisions of this Agreement, (b) is fully and truthfully completed and executed by a Settlement Class Member under penalties of perjury and contains all of the required information requested in the paper or electronic claim form, (c) is signed and dated by the Settlement Class Member in handwriting on the paper claim form or electronically on the Settlement Website, (d) does not appear to be fraudulent (e) is verified by the Settlement Administrator pursuant to Section 9 and (e) is returned by the Claims Deadline, i.e., post-marked by the Claims Deadline or electronically submitted with a date stamp by no later than midnight on the day of the Claims Deadline. Additionally, the Cruise Defendants shall have the right to object1to any potential claim made by a Settlement Class Member as follows: (1) any
Who is discharged from a settlement?
If the Settlement becomes final, all Settlement Class Members who do not exclude themselves–and their respective assigns, heirs, successors, predecessors, parents, subsidiaries, officers, directors, shareholders, members, managers, partners, principals, representatives, employees–will release and forever discharge the Defendants and all of their present, former and future predecessors, successors, subsidiaries, and all of their respective officer s, directors, partners, members, principals, insurers, insureds, employees, shareholders, attorneys, servants, and assigns (“Released Parties”) of and from all claims, demands, causes of actions, suits, damages, fees (including attorneys’ fees), and expenses arising out of or relating to the telephone calls contained within the Call Records, including the use (or alleged use) of an automatic telephone dialing system or pre-recorded voice, or calling persons who were on the Do Not Call list or otherwise did not consent to such call, or otherwise arising under the TCPA or similar state laws governing such matters, including without limitation the claims alleged in the Third Amended Complaint.
Who are the cruise defendants?
2.17“Cruise Defendants” means Carnival Corporation & PLC, Royal Caribbean Cruises, Ltd., NCL (Bahamas) Ltd. and any and all of their present or former predecessors, successors, subsidiaries, affiliates, divisions, joint ventures, and entities in which the Cruise Defendants have a controlling interest, and any and all of their officers, directors, partners, members, principals, insurers, insureds, employees, shareholders, attorneys, servants, assigns, representatives and agents (specific ally limited to those representatives and agents involved with or related to the alleged conduct in this action).
Does the settlement include the Defendants?
Yes . The Settlement does not include any trial judge that may preside over this lawsuit, the Defendants, any of the Released Parties (defined in Question 14 below), Class Counsel and their employees, the immediate family of any of the foregoing persons, any member of the Settlement Class who has timely submitted a request for exclusion (see Question 17 below), or any person who has previously released the claims asserted in this lawsuit.
Can you exclude yourself from a settlement?
No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement. You can only receive a cash payment if you stay in the Settlement (i.e., do not exclude yourself) and file a Claim Form.
How much is the settlement pool for a class action lawsuit?
You can find information about how to file your claim online. The settlement pool is $12.5 million. Lawyers for the claimants often receive 30% to 40% of any proceeds collected and the rest of the money is given to members of the class through checks.
Who filed the lawsuit against cruise lines?
Who Filed The Lawsuit? The lawsuit was filed by plaintiff Philip Charvat alleging that the mentioned cruise lines illegally called consumers telling them that they won a free cruise. The consumers were then asked to pay certain fees according to Charvat and the companies kept that money as profit.
What is the lawsuit against RMG?
The lawsuit is against RMG for allegedly making pre-recorded telemarketing calls to landlines and cell phones offering free cruises with Carnival, Royal Caribbean , and Norwegian as promotions. These calls have violated the TCPA.
Why is a class action law suit possible?
The possibility of a class action law suit being filed forces wrongdoers to stop their fraudulent conduct. There are people who feel that the plaintiff’s counsel receiving more of the settlement money than each class member is not fair.
Why did the settlement administrator ask for proof of cell phone?
The reason for this was because the administrator found that a substantial number of claims may have been filed in a fraudulent number.
Are You Eligible To Join The Class Lawsuit?
The pre-recorded calls must have offered you a free cruise with the mentioned cruising lines, and your phone number must be in RMG’s call records. These call records have all phone numbers that RMG used to initiate pre-recorded telemarketing calls to promote its business.
How much did Charvat settle for?
Of the $12.5 million settlement, $3.1 million in fees will go to Charvat’s attorneys including Matthew P. McCue, of Natick, Mass.; and the law firms of Burke Law Offices, of Chicago, and Broderick & Paronich, of Boston.
How much money did Charvat ask for?
Charvat asked for $50,000, on top of the amount he receives as a class member, for pursuing the case. However, Wood found $50,000 to be “excessive” and would be a “significant outlier” in a Telephone Consumer Protection Act class action. Wood pointed out such plaintiffs are typically awarded $5,000 in Chicago federal district court.
How long was the deposition for Charvat?
However, Wood concluded Charvat’s participation was extensive and included sitting for a seven-hour deposition. “Charvat has endured several years of discovery, scrutiny, and inconvenience in pursuit of this case.
How much did plaintiff attorneys collect from a class action lawsuit?
Plaintiff attorneys will collect $3.1 million from the settlement of a class action suit, alleging a defunct suburban travel agency made illegal telemarketing calls for cruise ship companies. People who received the calls would pocket about $22 each.