David C. Berman, a Professional Corporation was designated Plaintiffs’ Liaison Counsel in a nationwide class action that was filed in New Jersey during 2006 on behalf of RCI Weeks Program members. Through its Weeks Program, RCI offers its members the option of depositing their vacation week in a spacebank to exchange it for a comparable week from the spacebank. Plaintiffs allege that RCI actually rents out the most desirable and highly demanded vacation weeks from the spacebank, thus depleting the most desirable options available to Weeks Program members who seek exchanges. Preliminary approval of the settlement reached in this lawsuit was entered on December 17, 2008. If you meet the definition of a class member, your rights may be affected.
To obtain a claim form and other information please go to:
http://www.weeksprogramsettlement.com/index.htm
Frequently asked questions:
What is a class action?
A class action is when one or more people sue on behalf of people who have similar claims. One court resolves all the issues for all of the Class Members.
How much will this cost me/What is your fee?
In these types of lawsuits, Plaintiffs’ counsel usually operate on a contingency basis. If we are successful in obtaining benefits for the class through a trial verdict or a settlement, we apply to the court to have our fees and costs paid from the recovery. The Court determines the amount of fees that are reasonable.
Do I have to "join" the class action to have my legal rights affected?
No, you do not need to join and you will be affected by the settlement unless you choose to exclude yourself. Please see the information in the Notice about how to exclude yourself.
Who is a Class Member?
A Class Member, if the settlement is approved, is anyone who was a Member of RCI Weeks Exchange Program from January 1, 2000 to August 31, 2009. Both past and present members are in the class. If you are a Class Member, your legal rights will be affected. If you meet the definition of a Class Member, you will have to decide whether to submit a claim, exclude yourself from the settlement, object to the settlement, go to a hearing or do nothing. Since the court has preliminarily approved the settlement, some of the dates to be aware of are:
Claim Forms, Requests for Exclusion and Objections
MUST be received by: November 20, 2009.
What does a settlement mean?
It means that the court did not rule in favor the Plaintiffs or the Defendants, and instead both sides agreed to settle. This avoids the cost and uncertainty of a lengthy trial and permits class members to receive benefits now. The proposed settlement is not an admission by RCI that it engaged in unlawful acts.
What does the settlement include?
The settlement has three core components. (1) First, the settlement provides several changes to the way RCI runs the Weeks Exchange Program. For example, if the Court approves the settlement, RCI will give priority to Weeks members’ exchange requests before renting inventory from the Spacebank. (2) Second, the settlement requires RCI to make several disclosures regarding its operation of the Weeks Exchange Program. For example, if the settlement is finally approved, RCI will make a tool available on its website that allows members to estimate trading power of a proposed deposit and to see the available inventory for which the member is eligible to exchange at that moment. (3) Third, the settlement includes the opportunity for members to select their choice of special benefits, such as the ability to confirm an exchange before depositing their timeshare or to stay free for a night at a rental property. Former members are given the opportunity to receive a $15 payment or a discount on rejoining the program. To view the settlement agreement, please go to: http://www.weeksprogramsettlement.com/index.htm or click here.
When will the settlement be available to view?
The settlement and related documentation is available at: http://www.weeksprogramsettlement.com/index.htm You also can get a copy of the Settlement Agreement by writing to Rust Consulting, Inc., P.O. Box 1966, Faribault, MN 55021-6162, USA.
When can I submit a claim form?
You can submit a claim form on-line here: http://www.weeksprogramsettlement.com/claimoptions.htm Or a claim form can be obtained by clicking here. If you print out the claim form, please mail it to: Rust Consulting, Inc., P.O. Box 1966, Faribault, MN 55021-6162, USA.
How do I get more information?
Please go to the settlement website for more information: http://www.weeksprogramsettlement.com/index.htm
or you may send an email to rcisettlement@njlawyer.com
What are the deadlines?
- If you wish to exclude yourself from the Settlement, you must send in a written
request for exclusion to the Local Counsel for the Plantiff postmarked no later than November 20, 2009.
- The address is
- David C. Berman
A Professional Corporation
P.O. Box 111,
Morristown, NJ 07963-0111
- If you wish to object to the Settlement, you must file your objection with the Clerk of the Court and send a copy of your objections to counsel for the Plantiff and Defense Counsel so that it is postmarked by November 20, 2009.
- The addresses are
- David C. Berman
A Professional Corporation
P.O. Box 111
Morristown, NJ 07963-0111
- David S. Sager, Esq
DAY PITNEY LLP
P.O. Box 1945
Morristown, NJ 07962-1945
- United States District Court for the District of New Jersey
402 East State Street
Trenton, New Jersey 08608
- If you wish to appear at the Final Settlement Hearing, you must file a Notice of
Intention to Appear with the Clerk of the Court, and serve the Notice on the Local Counsel for the Plantiff and Defense Counsel so that it is postmarked by November 20, 2009.
- The addresses are
- Clerk of Court
United States District Court for the District of New Jersey
402 East State Street
Trenton, New Jersey 08608
- David C. Berman
A Professional Corporation
P.O. Box 111
Morristown, NJ 07963-0111
- David S. Sager, Esq
DAY PITNEY LLP
P.O. Box 1945
Morristown, NJ 07962-1945
- The final settlement hearing will be held November 30, 2009 at 2:30 pm.
- If you wish to submit a claim, it must be postmarked on or before November 20, 2009.
