Paul Tassin  |  August 8, 2017

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 2:

  • Claimants in this class action settlement reported receiving second payments of $2.50 in late April 2021.
  • Congratulations to everyone who made a claim and got paid!

UPDATE:

  • On April 16, 2018, Class Members in a Carnival Cruise, Royal Caribbean settlement have been asked to provideadditional proof for their claims.
  • The claimants have until May 1, 2018, to respond to the settlement administrator with additional proof or to opt out of the settlement.

Recipients of cruise line telemarketing phone calls from Carnival, Norwegian or Royal Caribbean can claim benefits from a recent Royal Caribbean class action settlement.

Plaintiff Philip Charvat claims he received prerecorded cruise line telemarketing calls from defendant Resort Marketing Group Inc. These calls allegedly offered promotions from Carnival, Norwegian, and Royal Caribbean cruise lines, each of whom is also named as a defendant in this telemarketing class action lawsuit.

Charvat accused Carnival, Norwegian, and Royal Caribbean of contracting with Resort Marketing Group to initiate these cruise line telemarketing calls. He claimed that nether the cruise line companies nor Resort Marketing Group ever received prior express written consent from him allowing them to contact him in that manner.

Without such consent, Charvat argued the defendant’s cruise line telemarketing violated the federal Telephone Consumer Protection Act, or TCPA.

The TCPA imposes substantial penalties on companies that knowingly violate its telemarketing restrictions. It generally forbids telemarketers from making calls using automated dialing equipment and prerecorded messages, unless the person being called has given the caller prior express written consent to be contacted that way.

The TCPA is also the legal authority behind the National Do Not Call Registry. Anyone who does not want to receive calls from telemarketers can list their phone number on this registry. The number becomes off-limits to telemarketers 30 days after its listed.

Persons who receive calls that violate the TCPA can bring a civil TCPA lawsuit against the caller. Callers who commit knowing or willful violations may be subject to statutory damages of $500 to $1,500 per call.

U.S. District Judge Andrea R. Wood granted preliminary approval of the Royal Caribbean class action settlement in July 2017. The agreement requires the defendants to create a settlement fund worth between $7 million and $12.5 million, depending on how many claims are filed.

This Royal Caribbean class action settlement will cover payments to qualifying Class Members, an incentive award for Charvat, costs of administering the settlement, and the Class’ court costs and attorneys’ fees.

Who’s Eligible

Class Members eligible to claim benefits include those persons in the U.S. who owned, subscribed to, or used residential or cellular telephone numbers listed in Resort Marketing Group’s dialer database, and who received pre-recorded telemarketing calls from Resort Marketing Group that mentioned either Carnival, Norwegian, or Royal Caribbean cruise lines between July 23, 2009 and March 8, 2014.

The settlement agreement specifically limits Class Members to those persons whose phone numbers are listed in Resort Marketing Group’s database.

Potential Award

Up to $900 per telephone number.

Class Members who submit valid and timely claims may receive payments for up to three calls per telephone number at $300 per call, for a total maximum payment of $900 per telephone number.

These are the maximum possible payments. Actual payments will be determined in part by the number of claims received.

Proof of Purchase

Claimants must provide either a claim number or a phone number. Claim numbers are being distributed to known Class Members in their individual class notices.

Persons who believe they may be a Class Member but did not receive a claim number may look up their phone number on the settlement administrator’s website to confirm whether that phone number is included in the settlement. If the number is included, the Class Member may file a claim for that number.

Class Members may file a claim for each number they believe is included in the settlement.

Claim Form Deadline

11/3/2017

Case Name

Philip Charvat v. Resort Marketing Group Inc., et al., Case No. 1:12-cv-05746, in the U.S. District Court for the Northern District of Illinois

Final Hearing

10/30/2018   UPDATED

UPDATE: The Carnival Cruise, Royal Caribbean Telemarketing Class Action Settlement was granted final approval on October 28, 2019. There is a 30 day period after final approval in which appeals can be filed. Top Class Actions is following the case, and will keep our viewers posted.

UPDATE 2: On November 18, 2019, an appeal to the Carnival Cruise, Royal Caribbean Telemarketing Class Action Settlement was filed. Claims will not be paid all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.

UPDATE 3: On April 2, 2020, the appeals to the Royal Caribbean Telemarketing Class Action Settlement were resolved. It is not known at this time how quickly claims will be paid. Top Class Actions will continue to provide updates as we learn more.

UPDATE 4: On July 1, 2020, the settlement administrator posted an updated stating that settlement payments are estimated to be mailed on August 7, 2020. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 5: On Aug. 13, 2020, Top Class Actions viewers started receiving long-awaited checks in the mail from the Carnival Cruise, Royal Caribbean telemarketing class action settlement worth as much as $25.02! Congratulations to everyone who filed a valid claim and got PAID!

Settlement Website
Claims Administrator

RMG TCPA Settlement Administrator
P.O. Box 404022
Louisville, KY 40233-4022
(855) 636-6134

Class Counsel

Matthew P. McCue
LAW OFFICE OF MATTHEW P. MCCUE

Alexander H. Burke
Daniel J. Marovitch
BURKE LAW OFFICES LLC

Edward A. Broderick
Anthony Paronich
BRODERICK & PARONICH PC

Defense Counsel

Counsel for Carnival:
Jeffrey S. Becker
SWANSON MARTIN & BELL LLP

Counsel for Royal Caribbean and Norwegian:
Catherine J. MacIvor
Jeffrey Foreman
FOREMAN FRIEDMAN PA

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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400 thoughts onCarnival Cruise, Royal Caribbean Telemarketing Class Action Settlement

  1. Larry Fritz says:

    my home number is on the list but my cell phone number isn’t but I receive the same calls on both lines everyday at around 9 am I get the call on my cell phone.

    1. amy Higley says:

      During the dates 2009-2014? If you have the voicemail then you should contact the attorneys listed. That’s what I would do anyway

      1. amy Higley says:

        Sorry wrong post

  2. Melissa says:

    Block telemarketers with nomorobo.com plus if you have someone harassing you like an ex you can add them to a block list. Both my phones are so much more quieter since I added it to my phones because of my ex a couple months ago. It’s free btw.
    I can complain that I got those phone calls, but it says my number isn’t in their system. So I get nothing. These companies should be forced to pay every claim $300 then do another round until all assets are claimed. They shouldn’t say oh no you didn’t get approved because your number isn’t in the system. I have a voicemail from the cruise line lol and my old number constantly got calls from telemarketers. No big deal.

    1. amy Higley says:

      During the 2009-2014? If you have the voicemail contact the attorneys listed.

  3. Patricia McFarland says:

    BTW – I’ve only had a cell phone for a couple of years. I seldom used it and didn’t give it out until I needed a surgery. That’s when the robo calls began (on my cell) AFTER I gave the hospitals my cell number last year (because I could her better on my cell). A whole year and NO calls until I gave it to a hospital. So, these robo people are getting numbers from the medical world… (NO SMILE)

  4. Patricia McFarland says:

    Just THIS morning I got another one of those calls… only NOW these people are cloning numbers when they call AND they begin with “saying we did business with them before (when I never have) and now we have been chosen to do it again (paraphrased). I’m getting these calls 2 and 3 times a week on both my house phone and on my cell and BOTH numbers are on both the state and federal NO contact list. I used to block the numbers until I learned they are cloning numbers. If I block a number now I might be blocking someone’s number that I don’t want blocked. So, what’s a person to do? I played along last week to see if a live person would come on and when they did they asked if my income was still $40,000 or more and when I said NO, she said I didn’t qualify. I thought great. Now they’ll stop calling. She called again with the same lead-in this very morning. Duh!

  5. Malinda Robbins says:

    The site wont ever load for me

  6. Joe says:

    I received a notice/ claim form in the mail and was wondering if this class action lawsuit is legit? Or is this another ploy/ scheme go get more personal info from us?

    1. amy Higley says:

      It’s ligit. I was part of the multicare robocaller case and now this one as well

  7. Sally Gibson says:

    My telephone number is in the file. The description of this settlement reads that I can receive up to three claims, but once I complete the steps for the claim I am not asked at any time the number of claims I am requesting. Does every claim receive the up to 3 claim option or is each phone number reviewed for a count of how many times calls were made to the phone line?

    Thanks,

    1. Lucinda says:

      “$300 per call for up to three calls per number” So basically saying, if they only called your number once, it would be $300. If they called your number 3 times, it would be $900. If they called your number 100 times, it still would be $900 because it’s capped at $900.

      1 call = $300
      2 calls = $600
      3 (or more) calls = $900

      But don’t forget, it can always be lower if a lot of people file:

      “If, after deducting attorneys’ fees and expenses, the incentive award, and settlement administration costs, the amount needed to pay all valid claims is greater than the Settlement Fund Ceiling, then each Settlement Class Member who submits a valid Claim Form will receive a proportionately reduced payment amount, meaning each Settlement Class Member will receive the same reduced payment amount per call for up to three calls.”

    2. brina says:

      you have to file again for the numbers separate since there is not a space to input all numbers involved

      1. Kevin Jarrell says:

        Lol no. They have the call records you tards. They can see how many times you were called. You only file one claim.

    3. sulo says:

      how did you find out your number was on file?

  8. Kathryn Lane says:

    Hello, I get telemarketing calls all the time on my Cell which I shut off because I was being charged for these calls whether I answered them or not. It’s just the second you put your phone number down for an item you may be interested in. and BAM everyone is calling me to go back to school or timeshares, student loans, car dealerships it’s crazy I rather not have a cell phone. So how does one handle this problem? I am 60 yrs old I really have no reason to go back to school or sign up for timeshares or take a survey to win a free cruise BUT bug you till you upgrade. Thank you, Kathryn Lane

    1. Annie says:

      Kathryn,
      Most, if not all cell phones have a feature where you can block a number. Every time I get a call like that on my I-phone I click on the number in recent call history, scroll down, and hit “block”. It doesnt eliminate all the solicitation calls but at least they can’t call from the same number twice. Hope that helps. Oh, and there’s also the national do not call registry.

    2. Fall Chicken says:

      You stop being an old fart and learn to phone

  9. Briana Tarver says:

    My number isn’t listed and I’ve been called several times in the past and just recently as well

    1. Mary Price says:

      Me too my number was not listed and i recieved calls?

      1. Jennifer Payne says:

        Me too and mine wasn’t listed

  10. Paulina says:

    My number is not eligible. But they call me daily. I have blocked so many numbers for them.

    1. jennifer says:

      paulina

      when you put you number in don’t space your numbers.

      1. Paulina says:

        Thank you so much! It went through.

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