Caribbean Cruises TCPA Class Action Settlement
Prior to Settlement, the Court certified two Classes—a Class on behalf of individuals who received calls on their landline telephones and a Class of people who received calls on their cellular telephones—and decided that the Classes include: any person who received (1) one or more telephone calls made by, on behalf of, or for the benefit of the Defendants, (2) purportedly offering a free cruise in exchange for taking an automated public opinion and/or political survey, (3) which delivered a message using a prerecorded or artificial voice, (4) between August 2011 and August 2012, (5) and your (i) telephone number appears in Defendants’ records of those calls and/or the records of their third party telephone carriers or the third party telephone carriers of their call centers or (ii) your own records prove that you received the calls—such as your telephone records, bills, and/or recordings of the calls—and you submit an affidavit or claim form if necessary to describe the content of the call. The Settlement covers these same classes, which together is called the “Settlement Class” in the agreement.
You may be part of the Settlement Class if you received one or more of these calls and any of the following is also true:
- Your information appeared in Defendants’ records, in which case you would have likely received an email or postcard and claim form in the mail;
- Even if you did not receive an email or postcard in the mail about this Settlement, you may still be part of one of the Settlement Class if your number appears in Defendants’ records. Click here to see if your number appears in Defendants’ records; or
- You recall getting one of the automated calls described above and one of the numbers appearing here appears on your cell phone and/or landline telephone bills or records; or
- You recall getting one of the automated survey calls described above and you are able to prove that you received such a call, with some documentation, such as a telephone bill showing that you received the call, a recording of the call, a caller ID record of the call, or a screenshot of the call, or some other form of documentation evidencing your receipt of the call.
Proof of Purchase
Birchmeier et al. v. Caribbean Cruise Line, Inc. et al.,Case No. 12-cv-04069 (N.D. Ill.).Northern District of Illinois
This lawsuit claims that Defendants violated 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.
Defendants deny these allegations and deny that the telephone calls violated the law. The court has not decided whether the Defendants did anything wrong. The Settlement is a compromise to end the lawsuit and avoid the uncertainties and costs associated with a trial.