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This settlement is closed!
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Marriott Ownership Resorts Inc. and International Cruise & Excursion Gallery Inc. have agreed to settle a class action lawsuit alleging they hid the true cost of cruises offered to consumers in exchange for points allocated to them through their purchase of timeshare memberships.
If you were a member of the Marriott Vacation Club Destinations Exchange Program and booked a cruise through International Cruise & Excursion Gallery Inc., you may be entitled to benefits from the Marriott class action settlement.
Plaintiffs Daniel Finerman and Donna Devino challenged certain fees they were charged to book cruises using Exchange Points. The Marriott class action lawsuit alleges the defendants failed to provide cruises in exchange for their Exchange Points and charged them additional fees to cover the cost of the cruises.
According to the Marriott class action lawsuit, “Marriott Ownership Resorts informs consumers who purchase memberships in its timeshare concept under the Marriott Vacation Club Destinations Program that instead of using points allocated to them each year to stay in the timeshare resort for which they initially purchased their memberships, they may use their points for cruises, hotels, guided tours and other specialty packages.”
“What Class Members are not told is that when using their points to book a cruise, their points will not cover the total costs of the cruise fare and that they will need to pay cash to cover the shortfall.” This shortfall was covered by the imposition of out-of-pocket costs described to consumers as “port fees” or “cruise line pass through fees.”
The defendants deny any wrongdoing but agreed to settle the Marriott Vacation Club class action lawsuit to avoid the risk, expense and distraction of ongoing litigation.
The Marriott Vacation Club cruise fees class action settlement was preliminarily approved on Feb. 23, 2018.
Class Members who would like to opt out of or object to the Marriott Vacation Club settlement must do so no later than May 21, 2018.
Who’s Eligible
Class Members of the Marriott Vacation Club settlement include anyone in the United States who, from Jan. 1, 2010 to Feb. 23, 2018, were members of the Marriott Club Destinations Exchange Program and booked a cruise through International Cruise & Excursion Gallery Inc.
Potential Award
Varies.
Class Members may choose one of the following three benefits:
- Cash: Claimants may choose to receive a cash payment valued at 50 percent of the cash value of the non-commissionable fare they paid for their cruise booking(s).
- Exchange Program PlusPoints: Claimants may elect to receive 75 percent of the cash value of the non-commissionable fare they paid for their cruise booking(s), returned in the value of cruise-only Exchange Program PlusPoints. NOTE: Class Members who elect this benefit must use their Exchange Program PlusPoints no later than three years from the Claim Form deadline.
- Gift Card: Claimants may elect to receive 75 percent of the cash value of the non-commissionable fare they paid for their cruise booking(s) in the form of an International Cruise & Excursion Gallery branded gift card.
Proof of Purchase
Claimants must enter their Owner Number to qualify for benefits from the Marriott class action settlement. They must also provide the date and departing city for all cruise bookings for which they are seeking settlement compensation.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
6/20/2018
Case Name
Finerman, et al. v. Marriott Ownership Resorts Inc., et al., Case No. 3:14-cv-01154-TJC-MCR, in the U.S. District Court for the Middle District of Florida
Final Hearing
5/21/2018
Settlement Website
Claims Administrator
Cruise Fare Settlement
c/o JND Legal Administration
P.O. Box 91344
Seattle, WA 98111
1-866-537-9618
info@CruiseFareSettlement.com
Class Counsel
John A. Yanchunis, Sr.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
Joel R. Rhine
RHINE LAW FIRM
Defense Counsel
David L. Balser
Jonathan R. Chally
KING & SPALDING LLP
Philip R. Sellinger
David E. Sellinger
GREENBERG TRAURIG
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