WATCH OUT PREMIER MEMBERS

I just got this,

I have contacted an experienced and successful class action attorney in New Jersey who has agreed to take this case. It has not however been filed, because while everyone seems to want a class action suit, no one is willing to be the plaintiff. We only need one person, but would also like a back up person. Since suit will be in New Jersey we were trying to get a person reasonably close to Morristown and Roseland, New Jersey.

The reason no one is willing to be plaintiff appears to be the following clause in the RCI Terms of use document:

29. CHOICE OF LAW, VENUE, DISPUTE RESOLUTION

d. Legal Fees. If any legal action is initiated by a Member or guest or by the Network pertaining, directly or indirectly, to these Terms and Conditions or the Network in general, and the Network prevails, that Member or guest shall, without limitation, pay all cost incurred by the Network in defending such action, including reasonable attorneys’ fees, paralegal fees and court cost.

It is in my opinion likely that the court may not enforce this provision, because it is contained in what amounts to an adhesion contract and it is totally one sided. One sided because there is no provision for RCI to pay if the other side prevails. Adhesion means it is a take it or leave it contract where the other party has little or no negotiation power as to its terms. Courts often refuse to enforce contracts they consider unconscionable. Here it is so totally one sided and obviously written to discourage anyone from seeking judicial relief at court that I think it is likely to be held unconscionable if we were to ever get to that point. While there are certainly no guarantees on the outcome of the litigation, we believe we have a good case against RCI provided we can find the proper plaintiff to take the lead.

I am therefore asking everyone I know of who is a potential class member to consider being plaintiff. You do not have to be in or near New Jersey. Please let me know as soon as possible if you are willing to be the plaintiff.







Clayton P. Voegtle

 

I think Clayton is 100% right in that assessment. This goes to court you win chances are the court will order RCI/Temptations to pay the legal fees of the members. It's all one sided on why it has even come to this.

I think most people haven't step forward because they don't want to be on the hook for "x" amount in legal fees. I think if people could get a clear statement of approx. cost associated with it they'd be much more willing to step up to the plate. Nobody wants to be the one who gets stuck with a 5K legal bill or whatever and everyone else leaves them standing.

Does he know if he will beable to get a court ordered list of all members this point system effects? That seems to be the biggest key in making it from a 15 to 25 members lawsuit into maybe a 100+ members strong lawsuit.


I really think anyone this effects should look into this much further. Without going this route you lose no matter what. You stop paying you lost all your money you paid up front and can't use your membership. You paid all up front and refuse to pay your fees, you lose. You paid all your fees or continue to pay all your fees, you lose because you can't use what you paid for. You can't win/use your contract the way you bought it with out pushing the class action lawsuit. One person a week bitching down in Premier's office doesn't get anyone anywhere. Eventually the bitching will stop and they won. We all love the resort and staff but there really only leaving the members one course of action. I honestly believe that once the ball is rolling on this that a solution will be presented quite quickly from Premier and RCI that will be good for the members.

Nick and Renee

 

I totally agree Renee.....

I contacted Clayton about 3 months ago, and actually had an appointment to meet with him. I live quite close to his office. I was even willing to front the filing fee because the court doesn't allow the attorney to front this money. He then told me he was in contact with an attorney in New Jersey because that is where they wanted to file. Since then I have gotten a few emails from him, but nothing further.

Now everyone can correct me if I am wrong, but from the last email I got from him, he stated you did NOT have to reside in that area??

I am willing (depending on how much out of pocket money it costs) to be named as the person filing the suit. If it happens that RCI tries to recoup all of thier legal fees from me......umm well you can't get blood from a turnip??

Renee is right, I do NOT believe there is any way to resolve this other than going thru the courts. Premier and RCI do not give a hoot what happens to the members who do not agree, or who the new contract does not work for.

I am not an attorney and dont know about getting a list of all the contracts that this effects, don't know what they would have to do to get it or anything like that. I do believe that when push comes to shove, RCI and Premier would much rather settle this out of court and make things right before it costs them alot of legal fees...........

just my opinion??

 

Does anyone have any idea how much the filing fee would be? If someone else took the lead plaintiff spot, I would probably sign on as an alternate. I received the same letter from Clayton with him stating that the plaintiff doesn't necessarily have to be from NJ, but I live in Mississippi which would be one heck of a commute if I were called upon to do a deposition or otherwise testify.
I'm still very curious about what happened with 12531... prior to her trip down to Temptation she was a very vocal member on this thread and has not posted anything since. Sounds like she must have gotten some deal down there with the stipulation that she doesn't tell anyone else about it or post any negative comments about the resort or RCI on this or any other forum. I hope she was successful in renegotiating her contract with them, but I really wish I could find out exactly what I could get from the theives at Premier before entering into a lawsuit. So... if 12531 is out there, please send me a pm to advise me what to expect from the Temptation people. As said many times on this thread... "knowledge is power"

 

Slotman I believe Clayton told me it was around 150 dollars, dont quote me, it was a while ago that we talked.......and I am from the Chicagoland area, and NJ would not be feasable for me to travel to to do this, BUT we do need someone to start something...

interesting about 125, I thought the same thing, Terry says she was busy and would be reporting in a few days........but then again don't know how he found out that information, if you go back a few pages I think it was posted somewhere??

I think I will respond to the email from Clayton and see what is going on and what it entails......and how I would be able to proceed...

if anyone else hears anything different, please IM me or post it here, or somehow let me know if something else is happening. I will try and keep everyone posted

 

I emailed her and asked her how things went when she was there, and she replied that she had been busy and things went well, and she would post when she had time. I dont think she was told not to talk about it, she is mostly likely busy, and it did work out good for her or she was happy what ever happened. I responded to the email from Clayton, I would be glad to be a plaintiff, but I have concerns about the distance, we are from NJ. And also this is not a suit incluing Tempations, it is just againist RCI. Terry

 

hey everybody, I'm going down to TTR on friday. I'm a points partner member & am getting screwed like everybody else. But unlike the rest of y'all I wasn't even aware of what I bought until recently (last saummer) & I spent $10,500 US for 1,500,000 pts w\3bonus weeks ayear.
I was on my last week of a 20 yr weeks contract from Plaza los Glorias in Cozumel that I had 0 problems with when I traded out for a week @ TTR in jan05 because Wilma had shut down Cozumel.
To make a long story short I bought (what at the time) sounded like a great deal aka---unlimited flights, 1-2 weeks a year that I could rent out that would offset my AI fees, better booze, resturant reservations, yacht rental $350 US.
So what I'm gonna do is work out my best deal w\the sales office that will hopefuly offset the screwing that RCI is supposedly giving us by seeing if TTR will give me free AI rates for the lenght of my contract for no additional money.
Any input the next couple of days that anyone wants addressed, please post & will do my best to get answers.
3 Dyas & a wackup----------YEEEEEHAAAAAAW!!!!!!!!

 

Hi, Infidel, We will miss seeing you, go in May next time. Yea and it was a great deal at the time but RCI changed all that( if it wasnt for the RCI changes we would be seeing you) Have fun , Terry

 

Good luck to you Infedel . Be on the lookout for the $4000 "upgrade" that they throw at you. You don't get anything in return , except less points less weeks and you pay $4000 more . Isn't that helpful , Premier is doing everything to help you !!! All you have to do is give them $4000 !!!

 

Be nice if 125... would throw in her two cents on what she found out. Maybe they actually came to some type of reasonable way of resolving these issues. Kind odd on how she was pretty active and then came back and zip. I understand coming back and being busy on catching up with everything back at home. But at least give us a few minutes and update us. Hopefully things worked out good for her and will give the rest some hope.

Nick and Renee