Birchmeier et al v. Caribbean Cruise Line Inc. Class Action For Robocalls

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My phone number showed as being called, so I may be entitled to up to $500 per call.  I indicated I was called 10 times.  I do get a lot of crap calls like that, so I'm not exaggerating.  Details:

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOISBirchmeier et al. v. Caribbean Cruise Line, Inc. et al., Case No. 12-cv-04069 (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.A court authorized this notice.
You are not being sued. This is not a solicitation from a lawyer.
A Settlement has been reached in a class action lawsuit claiming that Caribbean Cruise Line, Inc., Vacation Ownership Marketing Tours, Inc., and The Berkley Group, Inc. (collectively, “Defendants”) violated a federal law called the Telephone Consumer Protection Act (the “TCPA”). The lawsuit claims Defendants placed calls using an artificial or prerecorded voice offering a free cruise in exchange for taking a public opinion and/or political survey. The Settlement doesn’t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial.Why am I being contacted?Our records indicate that your phone number 818-XXX-XXXX received calls, and therefore, that you are a “Settlement Class Member,” which includes people that received a prerecorded or robotic voice telephone call between August 2011 and August 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey. You may have received a postcard about this case before. The case has settled and you have a right to file a claim for a share of the Settlement Fund. More information about the calls and the Settlement is available at www.FreeCruiseCallClassAction.netWhat can I get out of the settlement?If the Court approves the Settlement, Settlement Class Members who submit valid claims will receive equal shares per call received of the Settlement Fund that Defendants have agreed to create, after payment of expenses and fees. That Settlement Fund will be at least $56,000,000 and at most $76,000,000. Any payment to Settlement Class Members will be made in two roughly equal installments. The Settlement also requires Defendants to take steps to ensure compliance with the TCPA.How do I get my payment?Because records show you received a call covered by the lawsuit, you just need to complete and verify a short and simple Claim Form by clicking here. The Claim Form has two options. Select the first option if you received three (3) calls or less. If you received more than three (3) calls, choose the second option and identify the number of calls you received. You may later be asked to provide additional documents or information about your receiving more than one call. If you received more than three (3) calls, choose the second option and identify the number of calls you received. All Claim Forms must be received by February 1, 2017. Visit to find out more information about the timing for payment of claims.What are my options?You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won’t be able to sue Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you won’t get a payment but you’ll keep your right to sue Defendants on the issues the Settlement resolves. You must contact the Settlement Administrator by mail to exclude yourself. You can also object to the Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by January 23, 2017. Go to for complete details about all of your rights and options and how to exercise them.Who represents me?The Court has appointed lawyers from the firms Edelson PC and Loevy & Loevy to represent you as “Class Counsel.”The lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you’ll need to pay your own legal fees. Gerardo Aranda, Grant Birchmeier, Stephen Parkes, and Regina Stone—class members like you—have been appointed by the Court as the “Class Representatives.”When will the Court approve the settlement?The Court will hold a Final Approval Hearing on February 23, 2017 at 9:30 a.m. before Judge Matthew F. Kennelly in Courtroom 2103 of the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, IL 60604. The Court will hear objections, determine if the Settlement is fair, and consider Class Counsel’s request for fees and expenses of up to $24,500,000 and incentive awards. If these requests are granted, any amounts awarded will be paid out of the Settlement Fund and will reduce the overall amount to be distributed to the Settlement Class. Class Counsels’ request for fees and an incentive award will be posted on This notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available at, contact Class Counsel at 1-866-354-3015, through the Court’s online electronic full case docket search at, or visit the office of the Clerk of the United States District Court for the Northern District of Illinois, Everett McKinley Dirksen United States Courthouse, 219 S. Dearborn St. Chicago, IL 60604, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays. 

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