UPDATE: RCI CLASS ACTION LAWSUIT - must read for all RCI members [Includes Results]

[SBK]

Dave --

Thanks for the explanation. I am so grateful to those who fought the good fight for all of us.

 

[Dan_D]

Class Action Suit

Thanks Jennie. I am a HGVC owner and am allowed to trade with RCI through HGVC. Reportedly, part of my dues go to RCI, but I am not allowed to work with RCI directly or sign in to their website. This action directly affects me, but I have not been afforded an opportunity to join the class. Actually, your posting was my first notice of such a lawsuit. In any event, thanks for helping all of us!!!

 

[starchild]

Weeks Option

Okay, I admit to being clueless when it comes to "legaleese" speak. As far as the class action lawsuit, I've read the final ruling but still can't determine what was included. The option I chose was to be able to search available exchange properties without having to actually deposit my week beforehand. Can someone tell me if this option was approved for "weeks" members under the final ruling?

 

[Goofyhobbie]

Okay, I admit to being clueless when it comes to "legaleese" speak. As far as the class action lawsuit, I've read the final ruling but still can't determine what was included. The option I chose was to be able to search available exchange properties without having to actually deposit my week beforehand. Can someone tell me if this option was approved for "weeks" members under the final ruling?

Yes! Nothing changed regarding the measley benefits that RCI offered to Members of the Class. If you chose to accept one of the benefits offered you will eventually receive the benefit once RCI sets it up.

 

[Dee in California]

It's not over

Someone jumped in at the last minute and filed a notice of intent to appeal - and it was not RCI, it was a class member. It will be interesting to see who steps up and handles the appellate brief, which are extremely complicated and must be dealt with very specific Court rules.

 

[DeniseM]

Who was it?

 

[Dee in California]

I do not recall the name, I was driving on a hands-less cell and did not write it down. You can call the New Jersey Court and ask for any case info you want to get. 866-848-6059

 

[BigElm]

This should be good! I'm hoping this someone will not let it go so easily.
Hopefully a lawyer and judge who truly understand timeshare to expose RCI.
Where is the bandwagon cause I'm getting on it

 

[Carolinian]

Someone jumped in at the last minute and filed a notice of intent to appeal - and it was not RCI, it was a class member. It will be interesting to see who steps up and handles the appellate brief, which are extremely complicated and must be dealt with very specific Court rules.

It is extremely difficult but not impossible for a civilian to handle such matters in appellate courts. A former client of mine had in a prior case to when I represented him managed to muddle through to get a matter considered by the federal appellate courts. Hopefully, however, they get someone with federal appellate experience to at least help them, and even better take on all aspects of the appeal.

There are also a number of cases that get cited by Citizens Against Repressive Zoning (CARZ), a classic car group, of individuals who have braved the courts representing themselves and won. My favoritie was a retired school teacher who had bought an old 65 Mustang, like one she had driven in her youth, with the idea to restore it. The stormtroopers of her local government cited her for keeping a ''junk'' car on her property. She went to the library, read up on the law, and filed her own lawsuit, represented herself and won, then represented herself in the city's appeal, which she also won. When the city kept pestering her, in spite of her court victories, she read up on contempt of court, filed a motion and got the city held in contempt for its continued harassment.

 

[Dee in California]

That was dumb!!! RCI can now continue to rent out our weeks for 1 or 2 years more. The judgment is not binding on them now until the appeal is heard, which could take a year or so. And the odds of the court setting aside a stipulation judgment is maybe 5% at best. So **no thanks** for who appealed!!!! It was a gift to RCI, and it was not them who appealed.

 

[vacationhopeful]

A shill in the court system?

 

[wgatips]

Couldn't type fast enough, Linda!
There's no reason to believe that RCI couldn't/wouldn't have a "plant" in the class for just such a recourse of action, unless of course it would be more costly to them in the end.

PS - Much overdue thanks to all involved in this fight. I'm quite the procrastinator, but did manage to get my objection letters sent in time thanks to this thread and community of dedicated folks.

 

[Dee in California]

No, I think it was a legitimate class member. Obviously they did not look up the odds of getting a case actually reversed through the 3rd circuit court - and the huge majority of cases that are reversed are judicial decisions, not stipulated agreements. Thanks again to whoever gave RCI 2 more years to rip us off! RCI waived their right to appeal in the agreed judgment. They do not want to spend another fortune on their own lawyers doing this for 2 more years, and I am sure their lawyers had the legal IQ to know the pathetic odds of getting a stipulated judgment reversed.

 

[Carolinian]

Dee - I can't see this getting held up two years, unless a lawyer who knows what he is doing gets involved in it. In that case, if the appeal is based on nothing but wishful thinking, he will likely convince the appellant that it is not worth the legal expense to proceed. If it is someone proceeding pro se, they are most likely going to run afoul of a rule that gets them tossed out long before that time. I never did federal appelate work, but I did do State appellate work, and one of the first things that has to be done there, and likely in the federal system too, is to contract for a transcript of the hearings. I strongly suspect that whoever has appealed will not part with the cash to do that, and the appeal will die.

Then again, there may be a lawyer involved who has found an angle that everyone missed. We will just have to see, but I tend to doubt it.

 

[DeniseM]

I'm wondering if it was Stephan...

 

[Dee in California]

Hard to predict. If they filed the notice before they consulted counsel and they do not intend to get counsel - then yes, they will probably have the case terminated for failure to follow procedure at some point. However, I have seen appeals take well over a year, and close to two, before coming to decision. Even one year is too much time for RCI to continue to run amok with our weeks. In one month they make a fortune on our backs.

 

[Dee in California]

Just got off the phone with the Court. The appealing parties are Ron Hempling and Richard Renteria. Richard Renteria is represented by legal counsel in New Jersey, named Forrest Turkish.

 

[love2travelguy]

Please click here for a summary and the form to object. - RCI Class Action Lawsuit


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When I spoke, I discussed the "incestuous relationship" between RCI and the resort developers and sales teams. I said that most people attend a presentation to obtain a free gift. They did not do prior research and did not plan to buy a timeshare. The main selling point is usually the promise that they will be able to exchange their week if they buy one. They are shown the RCI "wish book" and led to believe it will be easy to just pick up the phone and make a reservation anywhere in the world they want to go. Most are led to believe that the week they are being offered has great trading power, even if it is a mud week in an undesirable location. This would not happen if there was some way for them to obtain an objective valuation of the week and its exchange potential before buying it or within the recission period, which by the way, should be much longer.

Maybe they should make it illegal to offer incentives and free gifts for attending a presentation, kind of like how the Credit Card Act of 2009 is pretty much banning the practice at college campuses or anything sponsored by a local college campus when it comes to selling student cards.

Hey, what is the recission period anyway and how much longer do you think it should be?

 

[Dee in California]

I said that most people attend a presentation to obtain a free gift. They did not do prior research and did not plan to buy a timeshare.

These are the same people who go to car dealers on "free BBQ" days and then blame everyone else in the world when they drive home in a new $65,000 car. People who know they have no ability to stand up to salesman should avoid these situations. If they "did not do prior research" - whose fault is that?

 

[london]

Members Leaving RCI

Hard to predict. If they filed the notice before they consulted counsel and they do not intend to get counsel - then yes, they will probably have the case terminated for failure to follow procedure at some point. However, I have seen appeals take well over a year, and close to two, before coming to decision. Even one year is too much time for RCI to continue to run amok with our weeks. In one month they make a fortune on our backs.

I think RCI will loose many members in the next few years, as many long time members will just let the memberships expire.

Of course, we do not know how many new members will join RCI, as a result of continuing timeshare new sales and resales.

Our timeshare holdings are places we visit each year, and to Florida in winter.

 

[Pit]

I'm wondering if it was Stephan...

On this court docket, there is a transcript request dated 12/9/09 from Ron Hempling and the name Stephen Tsai appears in parenthesis.

 

[Goofyhobbie]

Just got off the phone with the Court. The appealing parties are Ron Hempling and Richard Renteria. Richard Renteria is represented by legal counsel in New Jersey, named Forrest Turkish.

Ron Hempling was one of the two clients that were represented by Stephan Willet and his local New Jersey attorney Stephen Tsai.

Many of you will remember Willet who posted within this thread under the Username: Stephan.

Mr. Willet and Mr. Tsai are apparently still representing Ron Hempling.

 

[Carolinian]

From his ramblings here, I very much doubt that any good can come out of this. But you never know. I once had a client insist on taking an appeal to the NC Court of Appeals, in spite of my telling him that there were absolutely no substantial grounds for appeal and he would just waste his money. However, in a couple of weeks, opposing counsel called and offered a very sweet deal for my client to drop his appeal, which he accepted.

In the RCI case, though, it would appear that it is the lawyer, not the client, who is off the deep end. I wonder if Stephan has thought about Rule 11 and advised his clients of its potential impact for them.

While I think there may be some other legal avenues that have potential, appealing this consent judgment is not one of them.

 

[Dee in California]

Of course... those appealing attorneys do not care if RCI can rent out our weeks for a year or so - so they can make more money for themselves!!! I also advise clients when they do not have strong case. Not all attorneys do, of course, sadly.

 

[Carolinian]

Dee - I was wondering if you could shed any light on why the official class action attorneys failed to do any discovery whatsoever on the merits of the case before accepting a VERY weak ''settlement''? For me that is a huge red flag that something is very seriously amiss with the way this went down.