Welcome to the Charvat v. Resort Marketing Group, Inc. et al. website.
This website contains information regarding a proposed class action settlement that has been preliminarily approved by the Court in Charvat v. Carnival et al.,Case No. 1:12-cv-5746.
July 1, 2020 Update
The Settlement payments are estimated to be mailed around August 7, 2020
April 10, 2020 Update
On April 2, 2020, the Amendment to the Order of Dismissal and Judgment was entered by the Court. Under the applicable rules of appellate procedure, this Order will not become final until the expiration of the thirty day appeal period. Under the terms of the approved Settlement Agreement, the defendants then must fund the settlement within sixty days following the expiration of the appellate period. The parties anticipate payments to the class will commence July of 2020.
March 31, 2020 Update
Several consumers objected to the approved settlement and have taken an appeal to the Seventh Circuit Court of Appeals. The conclusion of the case will be delayed for an unknown period of time until the appeal is resolved.
November 4, 2019 Update
On November 4, 2019, the Court issued a final order approving of the class action settlement. You may also view the Court’s decision here.
October 4, 2019 Update
The parties report that they have received no new information about the settlement since the July 31, 2019 update below, and that they expect to hear from the Court soon.
July 31, 2019 Update
On July 31, 2019, the Court entered a minute order reflecting that a status hearing had been held, and that the Court anticipated issuing a written ruling on the pending motions in the case in short order.
June 12, 2019 Update
On June 12, 2019, the Court set a status hearing to take place on July 19, 2019. The parties will continue to update this website as soon as practicable as to developments in the case, including any ruling on the settlement.
May 2019 Update
The parties report that the Court has taken the motion for final approval under advisement. Any ruling entered by the Court will be posted on this website as soon as practicable following its entry. We appreciate your patience during this time.
March 2019 Update
On March 26, 2019, the Court struck the status hearing date previously set for March 28, 2019. A new date is expected to be set by a subsequent order. We will continue to update this website as soon as practicable as to developments in the case, including any ruling on the settlement.
The minute order striking the status hearing date is available here.
February 2019 Update
On February 25, 2019, the Court reset the status hearing previously scheduled for February 26, 2019, to March 28, 2019 at 9:30am. The parties hope to have ruling regarding the settlement on or before that date. We will continue to update this website as soon as practicable as to developments in the case, including any ruling on the settlement.
The minute order resetting the status is available here.
January 2019 Update
On January 29, 2019, the Court reset the status hearing previously scheduled for January 31, 2019, to February 26, 2019. The parties expect to have ruling regarding the settlement on or before that date. We will continue to update this website as soon as practicable as to developments in the case, including any ruling on the settlement.
The minute order resetting the status is available here.
December 19, 2018 Update
The Court held a status hearing on December 19, 2018. During that hearing the Court indicated that it anticipated issuing a ruling regarding the settlement by January 31, 2019. We will continue to update this website as soon as practicable as to developments in the case, including any ruling on the settlement.
October 31, 2018 Update
The Court held a final approval hearing on October 30, 2018, in Chicago, and is considering approval of the settlement.
The Court may rule by mid-December. Please continue to check the website for updates.
Summer 2018 Update
- The Court has continued the final approval hearing to October 30, 2018. At that hearing, it is expected that the Court will provide a better idea of how much money valid claimants will receive and the timing for payments.
Spring 2018 Update
- On May 2, 2018, the Court entered an Order to extend the verification period by 30 days, from May 1, 2018 to May 31, 2018. This extension similarly extends the period during which claimants may opt out of the class or submit an objection to the settlement. A copy of the Court’s Order can be found HERE
- Because of concerns about potential fraud in the original claim process, the Court has required that claimants submit documentation linking them to the phone number that they used to make their claim.
- Even if you previously submitted a claim, you must submit additional documentation sufficient to show or explain your ownership, use or subscription of the phone number relating to your claim in order to receive money from this settlement.
- Such documentation might include (but would not be limited to) a phone bill or a copy of a relevant page of a phone directory. A satisfactory submission could also include any other type of documentation that confirms or explains the connection of the claimant to the number at issue in a manner that can be independently confirmed upon further inquiry by the Parties or the Settlement Administrator.
- You may redact (i.e. “black out”) from any submission information you feel is private, such as account information or call detail records. You only need to include information sufficient to allow the Parties or the Settlement Administrator to independently confirm the connection between the phone number and the claimant.
- If you have multiple claim numbers, you should make a single submission for the group of claims and include in that submission the evidence linking you to all of those phone numbers. If you do not remember what phone number you submitted, submit documentation for all possible phone numbers you might have originally sent in, in the same submission.
- You may make your submission by email to firstname.lastname@example.org, or by uploading documentation on this page.
- You may also pose an objection before the deadline to submit additional documentation, which objections may be directed towards any aspect of the Settlement, including but not limited to the Court’s Order of March 15, 2018. For instructions on how to object, please see Question #20 in the FAQ section of this website.
- The objection and opt-out deadlines have been extended to May 1, 2018. Any objection or exclusion from the settlement must be made by that date.
October 6, 2017 Update
- The Court has authorized this update to inform consumers who have filed claims that, to date, over two million claims have been filed seeking to recover from a Settlement Fund expected to total $12.5 million.
- Due to the large number of claims, the individual recovery per consumer will be a pro rata share of the Settlement Fund. The exact per consumer recovery is still unknown, but it is expected to amount to several dollars per Class Member.
- Settlement Class Members interested in considering their options under these circumstances should review the “Frequently Asked Questions” section of this website that details the rights of Class Members.
- Consumers have until November 3, 2017 to file a claim, to opt out of the Settlement or to object to the Settlement.
NATURE OF THE SETTLEMENT
The Plaintiffs in this settlement allege that Resort Marketing Group, Inc. (“RMG”) violated the Telephone Consumer Protection Act, or TCPA, when they made automated telephone calls to consumers to offer a free cruise with Carnival Corporation & PLC (“Carnival”), Royal Caribbean Cruises, Ltd. (“Royal Caribbean”), and NCL (Bahamas), Ltd. (“Norwegian”) (collectively “Cruise Defendants”).
THE SETTLEMENT CLASS
The Settlement includes people who received pre-recorded telephone calls between July of 2009 and March of 2014 on their residential or cellular telephone lines initiated by RMG during which RMG offered a free cruise with Carnival, Royal Caribbean, or Norwegian cruise lines as a promotion.
- Notwithstanding the provisions of the settlement agreement, persons wishing to exclude themselves need not provide any digits of their social security number.
- Class Members should disregard provisions in the settlement agreement regarding providing the name of counsel in objections.