Telemarketers are the bane of many people’s existence.
They call at inopportune times, sometimes multiple times in a week – or even a day. They don’t leave voicemail messages. They show up as “unknown” callers so you don’t actually know who’s calling. Worst of all, no matter what you do – even if you join the National Do Not Call Registry – their calls just don’t seem to stop.
However, what if you found out that one of these telemarketing calls could get you up to $300 per call or up to $900 per phone line? Would you feel differently about telemarketers then?
Probably not, but it’s still nice to know that you might get something out of your frustration. How does it work?
Right now, there is a class action lawsuit involving three cruise lines (Carnival, Royal Caribbean, and Norwegian) and Resort Marketing Group that says consumers were spammed with recorded telemarketing calls aimed at promoting the cruise lines.
Why is this worthy of a class action lawsuit? We’re going to answer that question, then help you to find out if you qualify to join the suit.
What Are the Details of the Cruise Class Action Lawsuit?
In 2012, Philip Charvat filed a lawsuit against Resort Marketing Group stating that he received telemarketing calls claiming he had won a free cruise after filling out a form. Charvat, however, said that neither Resort Marketing Group nor the three cruise lines obtained prior written consent from him, which would have allowed them to contact him in that particular way.
Under the Telephone Consumer Protection Act (TCPA), telemarketers need to have the consumer’s written permission to send pre-recorded messages using automated dialing equipment. If the telemarketer does not have written consent to allow these types of calls, then they are in direct violation of the TCPA.
So how did Resort Marketing Group get these phone numbers to begin with? In 2009 they began to buy consumer contact information from a data broker, which is why they didn’t have consumers’ permission.
The original lawsuit would have had the marketing group and the three cruise lines responsible for paying $1,500 for each phone call received. Since they settled, though, consumers can get up to $300 for each call with a maximum cap at $900 for a phone line. The defendants will owe at least $7 million and up to $12.5 million depending on the total number of claims.
Am I Entitled to Damages?
It’s easy to find out if you qualify to join the class action lawsuit and are entitled to damages.
Anyone who received a pre-recorded cruise telemarketing call between July 23, 2009 through March 8, 2014 and whose phone number is in the defendant’s database qualifies to join the lawsuit.
You can check if your phone number is in the database by going to the Charvat v. Resort Marketing Group, Inc. et al. settlement website.
If your phone number was one of the numbers called, you have until November 3, 2017 to file a claim.
The case should be settled by April 4, 2018, when a final approval hearing has already been scheduled. If you join the lawsuit, you should receive your payment as soon as the case has been settled and any appeals have been resolved.
If you have any questions about this cruise class action lawsuit or want to discuss another matter where you were harmed by a cruise line, reach out to an experienced Florida cruise accident lawyer today.
About the Author:
Andrew Winston is a partner at the personal injury law firm of Winston Law. For over 20 years, he has successfully represented cruise victims who have suffered all kinds of injuries and illnesses due to negligence. He has been recognized for excellence in the representation of injured clients by admission to the Million Dollar Advocates Forum, is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, has been selected as a Florida “SuperLawyer” from 2011-2017 – an honor reserved for the top 5% of lawyers in the state – and was voted to Florida Trend’s “Legal Elite” and as one of the Top 100 Lawyers in Florida and one of the Top 100 Lawyers in the Miami area for 2015, 2016, and 2017.