Anne Bucher  |  September 28, 2015

Category: Consumer News

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Cruise Line

A class action lawsuit has been filed against Caribbean Cruise Line Inc., Vacation Ownership Marketing Tours, The Berkley Group Inc., and Economic Strategy Group, alleging they participated in a robocalling campaign that violated the Telephone Consumer Protection Act (TCPA). If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, your rights may be affected by this TCPA class action lawsuit.

The TCPA class action lawsuit alleges that Economic Strategy Group made millions of survey calls offering a free Caribbean cruise in exchange for taking a political and/or public opinion survey. The other defendants allegedly marketed their timeshare and vacation properties through these survey calls. Recipients of these calls who answered the survey questions would then reportedly be transferred to a Caribbean Cruise Line representative. According to the class action lawsuit, this conduct violated the TCPA because the consumers did not consent to receive these automated survey calls.

The plaintiffs are asking the court to award each Class Member $500 per unsolicited automated survey call they received. If they can show that the defendants knowingly and willfully made the automated survey calls, they will ask the court to award each Class Member $1,500 per call.

The defendants deny the allegations and maintain that the plaintiffs and Class Members are not entitled to damages. The Caribbean Cruise class action lawsuit was certified on Aug. 11, 2015.

Class Members who wish to opt out or exclude themselves from the class action lawsuit must do so no later than Nov. 20, 2015.

UPDATE: The Caribbean Cruise Line Robocalls Class Action Settlement is now open! Click here to file a claim. 

Who’s Eligible

On Aug. 11, 2015, the court certified two Classes—a Class of individuals who received calls on their landline phones and a Class who received calls on their cell phones.

Therefore, Class Members of the Caribbean Cruise robocall lawsuit include all individuals who received one or more calls (on a landline or cell phone) made by, on behalf of, or for the benefit of the Defendants, purportedly offering a free cruise in exchange for taking an automated public opinion and/or political survey, which delivered a message using a prerecorded or artificial voice between August 2011 and August 2012.

Potential Award

N/A. This TCPA class action lawsuit has not yet been resolved. Therefore, there is currently no money available, and no guarantee that there will be money available in the future.

Proof of Purchase

N/A

Class Notice
Claim Form Deadline

N/A. This TCPA class action lawsuit has not yet been resolved and there are no Claim Forms available at this time.

If you wish to exclude yourself from the class action lawsuit, you must do so no later than Nov. 20, 2015.

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

N/A. This TCPA class action lawsuit is ongoing and has not been settled.

Claims Administrator

ESG Berkley Caribbean Cruise Line Class Action Administrator
P.O. Box 30184
College Station, TX 77842-3184
1-888-882-0365

If you are a California, Delaware or Pennsylvania Class Member and you want to provide your name and address to receive direct notice in the future, call 1-855-406-3050.

Class Counsel

EDELSON PC

LOEVY & LOEVY

You may contact Class Counsel at 1-866-354-3015.

Defense Counsel

MCGUIREWOODS LLP

GREENSPOON MARDER 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. Find out more at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.

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3 thoughts onFree Caribbean Cruise Robocall TCPA Class Action Lawsuit

  1. Amy & Beauford Myers says:

    What were the robo call phone numbers used by the defendants in this case. We received several robo calls from the defendants and need to know what the numbers were so we can verify them from our records.

  2. Top Class Actions says:

    UPDATE: The Caribbean Cruise Line Robocalls Class Action Settlement is now open! Click here to file a claim. 

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