Birchmeier et al v. Caribbean Cruise Line Inc. (Free Cruise robo-call)

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Birchmeier et al v. Caribbean Cruise Line Inc.

LINK  deadline Feb 1, 2017

This lawsuit claims that Defendants violated the Telephone Consumer Protection Act (the "TCPA") by making automated survey calls offering a free cruise in exchange for taking a political and/or public opinion survey. The Plaintiffs allege that Defendants marketed timeshare and vacation properties through the calls. Many, but not all, of the surveys were from Political Surveys of America. If an individual was offered the opportunity to participate in the survey in exchange for a free cruise, after answering the survey questions, he or she then had the option of being transferred to a Caribbean Cruise Line representative.

Birchmeier v. Caribbean Cruise Line, Inc. et al., Case No. 12-cv-4069 (N.D. Ill)
If you received an automated call between August 2011 and August 2012 offering a free cruise in exchange for taking a political and/or public opinion survey, a class action settlement may affect your rights.
You may be entitled to up to $500 per call.
If the Court approves the Settlement, eligible Class Members whose claims were approved by the Settlement Administrator will receive their per call payment in two roughly equal installments. The first payment will be made within seven (7) months after the entry of an order finally approving the Settlement and the second payment will be made up to twenty-five (25) months later.

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FYI there is a tab to check to see if your phone number is on their list.

thanks , green for you

CouponClippen said:   FYI there is a tab to check to see if your phone number is on their list.
  
www.freecruisecallclassaction.net/LandingLookup.aspx

 

Got a postcard in the mail yesterday with a claim number with hubby's name.
Claim number auto fills your info. NO IDEA where the email address came from that they had so CHECK the info before you file if you use that option.

CouponClippen said:   Got a postcard in the mail yesterday with a claim number with hubby's name.
Claim number auto fills your info. NO IDEA where the email address came from that they had so CHECK the info before you file if you use that option.

  I had forgotten that AFTER filing the claim online (verifying my number was in The List), I did receive a postcard as well with claim # and putting the claim# auto filled the info with another email I have that I do not use for such purposes. Just fished out while cleaning up....

1. I wonder better to file the claim now (again) with postcard claim # and the prefilled info as the phone#where call received is same, or no need / advisable not to file now (will be duplicate, issues etc) that original one was already filed with different email ?

2. How to substantiate # of calls received if asked as phone records from that far back and multiple providers since make it almost impossible to prove #of calls received?  I am very sure it was more than 3, more like 6 but not sure how to prove, and whether failing to prove in the form they request may disqualify the claim


EDIT:

Read the FAQs to answer my own #2 question above:

"The parties will have the opportunity to challenge the number of calls received by each Settlement Class Member. All challenges will be presented to a Special Master (a retired federal judge), who may contact you about your claim and will decide the number of calls received by each Settlement Class Member. You may be asked to provide additional documents or information about your receiving more than one call. However, each Settlement Class Member will be entitled to receive a guaranteed payment based on one call even if the challenge is successful. " --- so atleast 1 call money is guaranteed even if others are challenged and unproven.

So now I will try to gather documentation fro phone companies where possible, only thing is I am not sure what is the received source phone number I should be looking for, to ask my phone companies....


 

Interesting tidbits about the case and analysis here:

http://www.allaboutadvertisinglaw.com/2016/09/why-the-caribbean-...



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