Dates and Deadlines

Claim Filing Deadline:

Postmarked by February 1, 2017
Electronically submitted by February 1, 2017

Exclusion Deadline:

Postmarked by January 23, 2017

Objection Deadline:

Filed by January 23, 2017

Final Approval Hearing:

Scheduled for February 23, 2017 at 9:30 am

August 6, 2020 Update: The District Court recently completed its rulings on the parties' challenges to the Special Master's rulings. The parties have the right to appeal the District Court's rulings. If neither side does so, the claims administrator will then be able to make a final determination as to how many calls each class member with an approved claim will receive credit for, as well as the value of each call, after which the claims administrator will be able to make the final payments. If either side appeals the District Court's rulings, the claims administrator will not be able to make the final calculations or distribute the final payments until the appeals are resolved. The parties are unable to anticipate when any such appeals would be resolved, and therefore are currently not able to provide an estimate as to when any additional payments will be made. Please continue to check this website for updates.

Welcome to the Birchmeier et al. v. Caribbean Cruise Line, Inc. et al. Settlement website.

This website contains information regarding a proposed class action Settlement that has been preliminary approved by the Court in Birchmeier et al. v. Caribbean Cruise Line, Inc. et al., Northern District of Illinois, Case No. 12-cv-04069 (N.D. Ill.).

NATURE OF THE SETTLEMENT

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.

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. The Settlement is not an admission of wrongdoing by Defendants.

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.

THE SETTLEMENT CLASS

You may be part of the Settlement Class if you received an automated telephone call (i.e., a call containing a prerecorded message or that used a robotic voice) on a cellular or landline residential telephone line between August 1, 2011 and August 31, 2012 that offered a free cruise in exchange for taking a public opinion and/or political survey.

Your legal rights are affected whether you act, or don't act.

SUBMIT A CLAIM FORM	This is the only way to receive a payment. * Payments to Settlement Class Members will be made in two installments.
EXCLUDE YOURSELF	You will receive no payment, but you will retain any rights you currently have to sue the Defendants about the issues the Settlement covers in this case.
OBJECT	Write to the Court explaining why you don't like the Settlement.
ATTEND A HEARING	Ask to speak in Court about the fairness of the Settlement.
DO NOTHING	You will receive no payment under the Settlement and give up your rights to sue the Defendants about the issues covered by the Settlement in this case.

For more information, please read the Frequently Asked Questions section of this website.