Ashley Milano  |  November 8, 2016

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

cruise-ship

UPDATE 3:

  • TCA viewers reported receiving settlement payments of $575 as of early mid-June 2021.
  • Congratulations to everyone who filed a claim and got paid!

UPDATE 2:

  • The motion to distribute remaining settlement funds to claimants was approved May 20, 2021.
  • Let Top Class Actions know when your check arrives!

UPDATE:

  • On May 6, 2021, a motion for approval of distribution of remaining settlement funds was filed.
  • Top Class Actions will let our viewers know as soon as we learn the court has granted approval.

After four years of intense litigation, Caribbean Cruise Line has agreed to settle a TCPA class action lawsuit alleging the company and its co-defendants sent unwanted robocalls to plaintiffs and Class Members without prior express consent in violation of the Telephone Consumer Protection Act.

Caribbean Cruise Line and its co-defendants,Vacation Ownership Marketing Tours Inc., the Berkley Group Inc. and Economic Strategy Group, were sued for violating the TCPA by allegedly robocalling millions of individuals with offers for free cruise trips.

Under the terms of the Caribbean Cruise robocall settlement, the companies will pay between $56 million and $76 million, to settle claims of the approximately one million person Class who received the unwanted robocalls from the defendants between 2011 and 2012.

In May 2012, plaintiffs Grant Birchmeir and Stephen Parkes filed their proposed TCPA class action lawsuit against Caribbean Cruise Line and the other named defendants alleging they were illegally contacted on their cell phones or landlines from CCL and its subsidiary marketing companies between August 2011 and August 2012.

Specifically, the class action complaint alleges that Caribbean contacted consumers through the transmission of pre-recorded messages (robocall) without prior express written consent for the purpose of soliciting the sale of a cruise – a violation of the TCPA.

The plaintiffs contend the offer of a “free” cruise package from CCL in exchange for taking a political survey was a “scam.”

“Not only is the ‘free’ cruise not free, the survey is simply a marketing tool with no legitimate political basis,” the plaintiffs wrote in their complaint.

The TCPA strictly prohibits the use of automated telephone equipment for solicitation or telemarketing purposes.

Generally, the act makes it unlawful “to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party” except in emergencies or in circumstances exempted by the Federal Communications Commission.

The law allows any “person or entity” to bring an action to enjoin violations of the statute and/or recover actual damages or statutory damages ranging from $500 to $1,500 per violation.

Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Jan. 23, 2017.

Who’s Eligible

The settlement Class consists of “any person who received (1) one or more telephone calls made by, on behalf of, or for the benefit of the Defendants, (2) purportedly offering a free cruise in exchange for taking an automated public opinion and/or political survey, (3) which delivered a message using a prerecorded or artificial voice, (4) between August 2011 and August 2012, (5) and your (i) telephone number appears in Defendants’ records of those calls and/or the records of their third party telephone carriers or the third party telephone carriers of their call centers or (ii) your own records prove that you received the calls—such as your telephone records, bills, and/or recordings of the calls.”

Click here to find out if your phone number appears in the defendants’ records.

Potential Award

up to $500 per call.

“Each Class Member who submits a valid claim can get a payment of $500 per call, unless the total of payments per call (plus payment of all costs and fees) would exceed $76 million.

In that case, each settlement Class Member who submits an approved claim would be entitled, per call, to a pro rata share of the total settlement fund (after payment of all costs and fees) based on the total number of calls resulting from valid claims.”

The exact amount Class Members will receive depends on the total number of valid and timely claims that are received by the settlement administrator.

Proof of Purchase

“The Claim Form requires you to provide basic contact information and affirm that between August 2011 and August 2012 you received a call that used a prerecorded or robotic voice offering a free cruise in exchange for taking a public opinion and/or political survey.

If your telephone number is not in defendants’ records, regardless of which option you choose you will need to provide documentation, including a telephone bill showing that you received the call, a recording of the call, a caller ID record of the call, a screenshot of the call, or some other form of documentation evidencing your receipt of the call.”

Claim Form Deadline

02/01/2017

Case Name

Birchmeier, et al. v. Caribbean Cruise Line Inc., et al., Case No. 12-cv-04069, in the U.S. District Court for the Northern District of Illinois.

Final Hearing

02/23/2017

UPDATE: On March 2, 2017, the court granted the Caribbean Cruise TCPA settlement final approval.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE: On March 23, 2017 a notice of appeal to the Caribbean Cruise TCPA settlement was filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 3: According to the settlement website on August 7, 2019, the court has approved a motion to distribute $200 to class members with approved claims.  It is not known how quickly checks will be mailed, but it is estimated in a few weeks.  The case is till not resolved, and a second distribution will be taking place at a later date. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 4: UPDATE: On August 25, 2019, Top Class Actions viewers started receiving checks in the mail from the Caribbean Cruise Line Robocall TCPA Class Action Settlement worth $200.00! Congratulations to everyone who filed a valid claim and got PAID!

Claims Administrator

Caribbean Cruise Line Class Action
c/o Kurtzman Carson Consultants
PO Box 43435
Providence, RI 02940-3435
1-844-343-1477

Class Counsel

Jay Edelson
Rafey S. Balabanian
Eve-Lynn J. Rapp
EDELSON PC

Scott R. Rauscher
Michael I. Kanovitz
Jonathan I. Loevy
Arthur R. Loevy
LOEVY & LOEVY

Defense Counsel

Brian Patrick O’Meara
FORDE LAW OFFICES LLP
Counsel for The Berkeley Group Inc.

M. Peebles Harrison
ROSE HARRISON & GILREATH PC
Counsel for The Berkeley Group Inc.

Richard W. Epstein
Jeffrey A. Backman
GREENSPOON MARDER PA
Counsel for Caribbean Cruise Line Inc. and Vacation Ownership Marketing Tours Inc.

Timothy A. Hudson
TABET DIVITO ROTHSTEIN LLC
Counsel for Caribbean Cruise Line Inc. and Vacation Ownership Marketing Tours Inc.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

GET A FREE CASE EVALUATION NOW

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95 thoughts onCaribbean Cruise Line Robocall TCPA Class Action Settlement

  1. Susan Klein says:

    I want to know why I was denied my claim when I was already verified to have had calls place to me by Caribbean cruise as my number was on file with the database I don’t have any kind of documentation from that long ago and was verified through the website I should have gotten paid for this and want to be directed to whoever can take care of it as soon as possible the website is down and seeing that there was a second distribution the payments made is quite irritating

  2. Rice says:

    Just got my last payment today for 102.24 6/30/2021

  3. Wanda Tindall says:

    Please add me they call me often

    1. Rice says:

      This settlement, is over with it was for the years of 2011&2012. They sent out the first payment in 2019 & just received my final payment today

  4. Janet Jones says:

    I live in the state of Massachusetts and I am on the DO NOT CALL LIST. I report calls that are suspicious. Caribbean Cruise has done this again in 2021 with the Governor of this state. However, I am happy to hear that an agreement has been reached. I hope the case number that represents the 200 dollar check will be acknowledged.

  5. Sylvia Edwards says:

    I receive my $200 check the second week of September and I was glad to receive it.

  6. Raven Rice says:

    I received a check for 200.00 on August 28,2019

    1. Kimberly Jones says:

      I received a check for $200 today.

  7. Jeff says:

    Anybody know if their claim was approved or denied? Were any rejection or deficiency letters ever sent out? Or additional proof needed ?

    1. Raven Rice says:

      My claim was approved. I received a check for 200.00 on August 28

  8. Iyesha Sparks says:

    Got $200 in houston Tx on 8/26

    1. Andrena Appleby says:

      I’m looking for mine in the mail haven’t seen it are they just sending them or are they certified??

      1. Nance says:

        I’m looking for mine to did any one receive denied claim ? And I call the phone number no one to talk to

        1. DMelton says:

          I received $200 in California

      2. Raven Rice says:

        I received mine in the mail on the 28th of August for 200.

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