The 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.
The 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 settlement receives court approval, 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.
Eligible Settlement Class members are those who 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.
The case is Birchmeier et al. v. Caribbean Cruise Line, Inc. et al., Northern District of Illinois, Case No. 12-cv-04069 (N.D. Ill.).