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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!
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.
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400 thoughts onCarnival Cruise, Royal Caribbean Telemarketing Class Action Settlement
What does the following quote mean? The sentence is poorly written. It makes no sense.
“Claims will not be paid all appeals are exhausted.”
That’s from a yr ago. Latest update says:
“ 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.”
Meaning carnival still has time to appeal. The phrase you quoted abt being pd out till all appeals are exhausted means just that. All carnival has to do is appeal this final decision & no payout till its finally settled. Not sure how long they can appeal, but since they have lawyers on retainer, they can carry this on pretty much as long as they want. They pay their lawyers either way it goes.
Claims Will not be paid until all appeals are exhausted
What bank you mean Gas station
I wanted to pay a hospital bill with that 900 dollors. Now it will be only Gas money. We made all these people Money. Being in a class action suit. And we don’t get nothing, 22 dollars can’t pay a bill. This is the first time and last time. I needed that money.
The order say’s,
The final average amount per claimant is therefore likely to be $22.17, with each call valued between $7.41 and $8.42.
We never get what was originally promised.
That’s is very bad, I will never join another class action suit again in life. First one last time.
November 4, 2019 Update
On November 4, 2019, the Court issued a final order approving of the class action settlement.
Settlement was granted final approval on October 28, 2019. There is a 30 day period after final approval in which appeals can be filed.
So, that time is up on Nov, 28. Thanksgiving! Don’t frown if your payout amount is a turkey …..
just grab up that itty – bitty check, and gobble, gobble, gobble all the way to the bank.
What bank you mean Gas station
Gas station only, not enough to pay a Bill
According to court docs on their site. After attorney fees and court cost. They is $25,000,000.
And 274,851 valid claims.
So that’s $90 each.
$22 a call is the new amount
Where did you get this information?
sooooo, actually, as noted in Lori’s comment on Nov. 8, above — the “new” amount is not $22 PER
call, but would be $22.17 in TOTAL as the average individual class member settlement payment.
If you receive a check for around $22.17, that would then represent three calls, with each call
represented by >7 and <9 dollars….
how much did each lawyer get, my first and last suit also, if that’s that cast amount,
We will get paid with accrued interest after two years.
So how will we know when /how much we will get ? I see it was approved today via the email I received but no word on settlement .
….was granted final approval on October 28, 2019. There is a 30 day period after final approval in which appeals can be filed. (Sigh)
I’m willing to bet there will be appeals. Payouts won’t be close to the $300 per call. More like $20 per call. If we are lucky. Didn’t receive any emails.
I think Lisa is right. Do they wait until the next to last day, to drag stuff out more by filing appeal(s) then?
Or do they just file the appeal asap when its ready for sending to the court?
I stuck with following this case for so long. I had a lot of record finding to do just on my participation — obtaining prior cell phone records from two phone #s ago; dredging up my home phone PROOF from that period — I live in a different state now, so it was not super simple.
I had hoped all the hoop-jumping might protect the size of individual portions of the settlement award. Guess that may not be so. =(
TCA updated this action report one year ago, when they added the word “UPDATED”
(in red letters) in the space after the final hearing date, 10/30/2018.
Additionally, when the court said it would have things ready “in short order”, that was this past summer.
In an attempt to clarify this, both parties, via the claims administrator, said that they (and we) should be hearing from the court “soon”. They said this on October 4, (just a few Fridays ago) but did not specify if “soon” might mean before Halloween, or before Thanksgiving, or before Christmas, or beyond.