RCI Class Action.com

1. What is this lawsuit about?
2. What is a class action?
3. What is a "representative plaintiff"?
4. Who are the attorneys bringing the case?
5. How do I join the case?
6. What Does "Opting Out" Mean?
7. How can I find out more information?
8. Will it cost me anything to be included in this case?
9. What is the current status of the case?
10. How long will the case take?

Answers:

1. What is this lawsuit about? A class action lawsuit was filed against RCI in the United States District Court for the District of New Jersey on behalf of all RCI Weeks members. The lawsuit alleges that RCI improperly skims a large percentage of the timeshares from the RCI exchange system, including many prime timeshares, and rents those out to the general public for profit and also uses them for promotional purposes and as fringe benefits for its employees. The lawsuit further alleges that as a result of these practices, the actual experience of many RCI Weeks Program members is that they simply cannot find any comparable exchanges. Plaintiffs in the lawsuits seek injunctive relief requiring RCI to provide notice to Weeks Program members about RCI's rental practices, as well as other relief, including reimbursement of the profits RCI has earned as a result of the alleged wrongful practices.

2. What is a class action? A class action is a type of civil lawsuit where people with comparable grievances combine together as a group, or a "class," to sue another party or group of parties. One or more representative plaintiffs are named in the complaint that is filed with the court. These representative plaintiffs along with class counsel pursue the case for themselves and for the class as a whole against one or more defendants. The claims of these "class representatives" must arise from facts or law common to all members of the class. When ordinary citizens with common issues pool their resources in this manner the class action becomes a powerful tool to fight injustice.

3. What is a "representative plaintiff"? For a class action to proceed, one or more members of the group of injured parties must be designated as "representative plaintiffs" - also known as "named plaintiffs" or "class representatives." These class representative plaintiffs are the ones who are most actively involved with the lawsuit: providing information about the facts of the case to the lawyers representing the class, answering questions raised by the defendant, and sometimes testifying at trial. Under this procedure common issues can be resolved on behalf of the entire class without requiring large numbers of people to bear the expense and spend the time needed to resolve the same issues individually. Rather, representative plaintiffs can stand for all class members who have been injured by the same conduct. Other members of the class only have to become involved when the common issues have been resolved and it comes time to deal with individual claims.

4. Who are the attorneys bringing the case? There are six firms working together on this case. The lead law firms are: Cohen, Placitella & Roth, P.C., a Newark, NJ firm. Green Welling LLP, a San Francisco, CA firm. The additional law firms are: David C. Berman, PC, a Morristown, NJ firm. Gilbert Randolph LLP, a Washington, DC firm. Hanly, Conroy, Bierstein, Sheridan, Fisher & Hayes LLP, a New York, NY firm. SimmonsCooper LLP, an East Alston and Chicago, IL firm.

5. How do I join the case? Members of the class do not "join" the litigation, but rather decide to participate by choosing not to "opt out." Once the court "certifies" the class, a class action lawsuit is officially under way, and all known potential members of the class are notified. Once notice is sent out, every individual who fits within the definition of the class automatically becomes a member of the class unless he or she expressly chooses to "opt out." Any class member who does not "opt out" may be bound by the results of the litigation.

6. What Does "Opting Out" Mean? Ordinarily a class member can choose not to participate in a class action by "opting out." If a person opts out, he or she will not be bound by any settlement or judgment in the class action. However, if the case is successful, the class member who opts out will also not be entitled to any payment from a settlement or judgment that is reached. A person who opts out would, however, be entitled to bring an individual lawsuit or otherwise try to reach his or her own settlement with the defendant.

There is strength in numbers and by bringing a case as a class action class members are able to demonstrate to the court that the alleged harm done was substantial and impacted a large number of people. This showing increases both the likelihood of recovery and its size. Therefore, opting out typically only makes sense in the following circumstances:

(1) If the class member has a great deal at stake and is prepared to proceed on his or her own behalf;

(2) If the class member has reason to believe his or her situation or interests are significantly different from those of the majority of the class;

(3) If the class member has a basis to fear that the class representatives or the lead counsel for the class do not have his or her best interests at heart.

Before opting out, it is advisable to consult with an experienced class action attorney and be certain that the time for filing an individual action has not expired under the applicable statute of limitations.

7. How can I find out more information? You can keep track of this case by periodically checking this website. We will post major developments on this website. If you would like to speak to one of our attorneys, please contact us.

8. Will it cost me anything to be included in this case? No. There is no cost to you to be part of this case.

9. What is the current status of the case? You can check the current status of the case here.

10. How long will the case take? There are too many variables to allow a general answer to that question. But with most large cases such as this one, it takes several years to get to trial.