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Claimants in a Carnival Cruise, Royal Caribbean TCPA settlement have been asked to provide additional proof for their claims.
Class Members in the Carnival Cruise, Royal Caribbean class action settlement recently received an email from the settlement administrator asking the 2 million claimants to provide additional proof related to their phone numbers.
The claimants have until May 1, 2018 to respond to the settlement administrator with additional proof or to opt out of the settlement. The final settlement hearing has been rescheduled to July 24, 2018.
According to the email sent by the settlement administrator, “an unknown but substantial number of claims filed in this manner may be fraudulent.” Although more than 2 million claims were submitted to the settlement, this is not an automatic indicator of fraud.
Many of the submitted claims are likely to be valid as millions of calls were allegedly placed by the defendants. A statement in the third amended complaint supports the large number of claimants.
“Over the four years prior to the filing of this lawsuit, and extending until March of 2014 – long after the filing of this lawsuit in July of 2012 – millions of illegal pre-recorded telemarketing calls were initiated by Travel Services to consumers nationwide, promoting by trade name the cruise services of the Cruise Defendants,” the Carnival Cruise, Royal Caribbean class action lawsuit states.
Qualified claimants have been asked to submit verification that they own the phone number in question. This is intended to confirm the qualified Class Members and weed out any potentially fraudulent claims. As a reminder, consumers should only submit claims for settlements that they qualify for.
In July 2017, the Royal Caribbean class action settlement was preliminarily approved for between $7 million and $12.5 million, depending on the number of claims submitted. Claimants were initially required to submit their phone numbers which were affected by the telemarketing calls. The original deadline was Nov. 3, 2017.
The Carnival Cruise, Royal Caribbean class action lawsuit was filed by plaintiff Philip Charvat. Charvat alleged that Carnival Cruise, Royal Caribbean Cruises, and Norwegian Cruise Lines illegally called consumers with pre-recorded messages promoting their services. The prerecorded calls allegedly told consumers they had won a free cruise and required consumers to pay certain “fees” that the company kept as profit.
Charvat argued that the telemarketing scheme was illegal because none of the consumers gave their express consent to receive the calls. “The scope of the illegal telemarketing campaign at issue is also evidenced by records of consumer complaints obtained from the Federal Trade Commission in response to Freedom of Information Act requests,” the Carnival Cruise, Royal Caribbean class action alleged. Consumers reportedly contacted the Federal Trade Commission for years about the prerecorded telemarketing calls they received from Carnival.
Charvat sought to represent a Class of people whose cell phones were called with pre-recorded messages by Travel Services mentioning Carnival, Royal Caribbean, and/or Norwegian Cruise Lines.
The Class Members are represented by Matthew P. McCue of Law Office of Matthew P. McCue; Alexander H. Burke and Daniel J. Marovitch of Burke Law Offices LLC; Edward A. Broderick and Anthony Paronich of Broderick & Paronich PC.
The Carnival Cruise, Royal Caribbean Class Action Lawsuit is Charvat v. Resort Marketing Group Inc., et al., Case No. 1:12-cv-5746, in the U.S. District Court for the Northern District of Illinois.
UPDATE: On Oct. 28, 2019, the cruise line telemarketing class action lawsuit that ended in a $12.5 million class action settlement was granted final approval.
UPDATE 2: 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!
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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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210 thoughts onCarnival Cruise TCPA Settlement Requires Additional Information
A Claimant in Chicagoland escalated this issue to CBS 2 News in Chicago because the court proceedings kept being delayed and the last update on the settlement website was March of 2019….wanting to know “What’s the hold-up?” since the settlement is now approaching the two-year mark. CBS 2 Chicago devoted a segment to their findings on Friday morning, May 24. Here are the basic details Reporter Dorothy Tucker reported on the segment:
1. Two of the attorneys representing the Claimants are from Chicago. They are Alexander H Burke and Daniel Marovich of BURKE Law Offices, LLC, 155 North Michigan Avenue, Suite 9020, Chicago, IL 60601.
2. Dorothy Tucker called their offices several times and never received an answer.
3. The reporter also went to the office lobby and requested to see Alexander H. Burke, but the Lobby Security Guard indicated Alexander was not there.
5. Dorothy then consulted with an attorney in Chicago by the name of Keith Keogh who specializes in Class Action Lawsuits. His website is http://www.keoghlaw.com. He indicated the following potential reasons for delays, since the Final Settlement was set for Final Approval in October of 2018 and since nothing has basically happened since that time:
5.a. The judge may have a lot going on.
5.b. The judge may have asked for additional information.
Then he added the following “Reality Check”:
1. There are over 2 Million Claimants.
2. The total settlement is $12 Million.
3. Whenever the judge rules on the Final Award, it will be dependent upon the following:
3.a. First: Attorney Fees
3.b. Second: Administrative Fees
3.c. Third: # of Claimants
4. Although the original Class Action referenced a pay-out of up to $900 per #, the pay-out actually could end up being far less……even as low as $5 per #.
Shortly after CBS 2 Chicago conducted their investigation, the settlement website was updated:
https://www.rmgtcpasettlement.com/Home.aspx
May 2019 Update
The parties report that the Court has taken the motion for final approval under advisement. Any ruling entered by the Court will be posted on this website as soon as practicable following its entry. We appreciate your patience during this time.
With over 2 million claims, after fees, you can expect to get around $1-$2 back if that…so everyone needs to relax and move on…your not getting the $800 to $900 they touted!
Right @DOREEN SPITZER because usually when it stretches out over years, the only people making out, great, are the attorneys. They get a fee if they pick up their pens and put them back down. So everyone don’t count your eggs that aren’t even in your basket yet.
You never know what a judge is going to do when it comes to court…it still could be years out…so sit back and relax and wait for your free money…Never count on it…it could end up being $5 per claimant.
Funny how everyone is getting pissed off and mad over this…when your getting free money from a settlement, that basically did no harm to you in any form, just because they texted us incorrectly…grow up, shut up and quit whining.
it did harm if you have a phone and pay by the calls/messages…..everybody didnt/dont have unlimited services….soooo its not free money, and you might not need to grow but you sure can shut up and let the whiners wine
well you can take your $2.00 you are going to get from the settlement then, and pay your Obama phone bill.
Well enjoy your $2.00 then, sounds like you need it.
It may not harm you but it harms me. I don’t like constantly receiving these unsolicited contacts. I request that I stop receiving these contacts but get them anyway. I am tired of them.
FYI: This is where I’m getting my updates for this case: https://www.rmgtcpasettlement.com/Home.aspx
The latest update was: March 2019 Update
On March 26, 2019, the Court struck the status hearing date previously set for March 28, 2019. A new date is expected to be set by a subsequent order. We will continue to update this website as soon as practicable as to developments in the case, including any ruling on the settlement. The minute order striking the status hearing date is available here.
Is Top Class Actions going to answer my questions posted on April 5?
I submitted all the proof they asked for by the deadline and here it is April 11, 2019 and it seems we don’t know what is going on over a year later. We don’t even get updates in our email. Why not??? Why hasn’t monies been disbursed?
Do not worry you will get your $2 check soon enough
I’ve been waiting and submitting proof as well…what is going on?????
I’m constantly checking for an update on this issue because it’s going on a year now. I have proof and submitted the in a timely matter now I’m just waiting on the verdict and the dates are constantly being pushed back. I’m being patient. Can you please give me an update. Thank you
TCA:
Can you tell us what the heck is going on?
What is causing these monthly delays?
Now we don’t even know when the next date is.
Please give us your legal opinion on what is the issue.
Thank you.