Original Message:
Re: RCI Weeks Class Action Settlement Decision Required by Nov. 20, 2009 (by Marie M.):
The above post by Stephan Willett contains several serious factual errors. It is being forwarded to Judge Sheridan for whatever action he deems appropriate.
My husband and I are very experienced long-time timeshare owner (not an attorney). We own 19 timeshares and have completed over 100 exchanges, traveling all over the U.S., Mexico, the Caribbean, and Europe. Mr. Willett doesn't even own a timeshare and as far as court records show, he represents only one client in this case.
Hubby and I have been actively involved in trying to obtain a better settlement. Shep Altshuler, publisher of Timesharing Today Magazine, my husband and I, and Susan Collins, an attorney from western New York State went to the Federal Court in Trenton, New Jersey on June 12, 2009 to testify as to why we believe the proposed settlement of the class action lawsuit against RCI is grossly unfair and inadequate.
We pointed out that most of the Weeks (not Points) owners did not see the legal notice buried on page 94 of Endless Vacations Magazine. The Judge agreed that members had not received adequate notice and ordered RCI to provide better notice by mailing postcards, and sending Email information to close to 2 Million members. This is why you have been receiving those postcards recently.
You may opt out of this lawsuit which will preserve your right to bring your own lawsuit. It's highly unlikely that opting out will bring any change..
Most of us have chosen to file an objection with the court. It can be as simple as one sentence stating that you object to the terms of the proposed settlement. Or you can write a whole lot more if you wish. Your letter must be signed and postmarked by November 20, 2009. The more objections the court receives, the more likely it is that the Judge wll refuse to accept the settlement. This could lead to more negotiations between the attorneys who brought the case (Plaintiffs) and RCI (the Defendant). Or the case may be sent to trial.
You may also fill out an application, choosing one of five specified benefits worth under $100. You can fill out the application on line or send it by mail. (However, anyone "opting out" of the case is not eligible to receive any of the five specified benefits). All others, whether you object or not, may request a benefit.
I have chosen to object to the settlement AND request a benefit, as have hundreds of other RCI members. Many more objection letters are piling into the court since the postcards came and let many members know, for the first time, that RCI has been rampantly removing weeks deposited in the spacebank and renting them to the general public. Here's instructions for how to do object. Send it directly to the court. There is no need to go through an attorney: http://www.weeksprogramsettlement.com/
To read an accurate, factual, understandable account of what this case is about and what has been happening, from n attorney/timeshare owner (9 weeks, dozens of exchanges) go to: http://tinyurl.com/yhbglhl
And for another excellent summary with FAQ http://tinyurl.com/yhfu6le
To read the actual terms of the proposed settlement (38 pages) go to: http://www.weeksprogramsettlement.com/pdf's/Settlement%20Agreement.pdf
:For a claim form go to: http://www.weeksprogramsettlement.com/pdf's/ClaimForm4.pdf
NOTE: When filling out the forms, if you own more than one timeshare week, you should fill in the info requested for any ONE week in your RCI Weeks account. The signature of only one of the owners is needed.