Carnival Cruise, Royal Caribbean Telemarketing Class Action Settlement

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

CLICK HERE TO FILE A CLAIM »

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

www.RMGtcpaSettlement.com

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