Can/should I sue Marriott for its own terms violations?
#31
Join Date: Apr 2010
Location: SF Bay Area
Programs: Marriott Bonvoy Ambassador, AA EXP
Posts: 2,712
And yet there have been divorce cases where one party was required to transfer significant miles/points to the other. How is that possible, if those points don't even belong to the individuals in question? So, yeah, not to argue with you or the others here, but - the American legal justice system = a joke.
I'm sure the legal teams at these companies have thought about this. They likely realized that it's not worth to contest these rulings. In fact, it could backfire. A court, for example, could eventually rule that loyalty currency is considered property.
#32
Join Date: Jun 2009
Location: Formerly of SacTown, Cali
Posts: 1,244
I am not the smartest guy in the world but if they did this 30 day freeze/audit for all high earners I would think there would be major problems. I know for me I would become a Hyatt fan overnight!
This is absurd!
While you likely have little chance of legal success I would keep complaining and keep it public too!
This is BS!
#34
Join Date: Oct 2005
Location: ORD, MDW or MKE
Programs: American and Southwest. Hilton and Marriott hotels primarily.
Posts: 6,479
I don't understand why the OP thinks some random customer service rep has any insight as to when and why accounts are flagged and put on hold.
#35
Join Date: Jan 2020
Location: Virginia USA
Posts: 1,248
Actually, no, they've already acknowledged to me that they have no reason to suspect anything improper has happened to warrant the investigation. Rather, they said, their system automatically flags all point earners at a certain numerical threshold in a calendar year. They've conceded that they do this to all high earners. So not only might there be legitimate grounds for legal challenge to Marriott in my case, but a class action certification is within bounds because they're deliberately penalizing everyone who is loyal and high-earning.
#36
Join Date: Jan 2020
Location: Virginia USA
Posts: 1,248
The details concerning subject transaction(s) are strangely lacking here, which is often the case in these sorts of threads.
Good luck with that strategy.
If you're really an attorney, you should already know that Marriott holds all the cards here, for example Section 9.4 of T&C:
Good luck with that strategy.
If you're really an attorney, you should already know that Marriott holds all the cards here, for example Section 9.4 of T&C:
#37
Join Date: Jan 2020
Location: Virginia USA
Posts: 1,248
#38
Join Date: Aug 2010
Location: Formerly Box 350, Boston Mass, Oh two one three four. Now near Beverly Hills 90210
Programs: Loyal Order of Water Buffalos
Posts: 4,058
I disagree with all the Nattering Nabobs of Negativism here. I think you SHOULD pursue legal action. Their action is REPREHENSIBLE and should NOT BE TOLERATED.
Please keep us up to date on the proceedings.
Please keep us up to date on the proceedings.
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#39
Join Date: Sep 2014
Location: YEG
Programs: Table scraps from Aeroplan and AmEx Plat
Posts: 940
What probative, or any, value would posting on an Internet forum have?
#41
Join Date: Apr 2016
Programs: Bonvoy Titanium, Hilton Diamond, BA Silver, IHG Spire, AMEX Plat
Posts: 705
Living in the UK I find such threads interesting…Americans will threaten to sue anyone
for anything!
personally I’d just give it the 30 days and chill but a lesson in diversity. Might be time to give IHG, Hilton or Hyatt a few stays.
for anything!
personally I’d just give it the 30 days and chill but a lesson in diversity. Might be time to give IHG, Hilton or Hyatt a few stays.
#42
Join Date: Oct 2012
Location: YVR
Programs: AC E75K, IHG Plat, Bonvoy Tit, HH Silver, BW Gold, Avis President's Club
Posts: 234
I am not a lawyer, though I do read a lot of contracts.
A bunch of loyalty programs have taken actions similar to this, including at least Amex, Air Canada Aeroplan, and I'm sure others. Freezing accounts while investigations take place is extremely common, and 30 days seems to be around the usual amount of time that takes. Given that this has been going on for years, I would be surprised that if legal action were possible, someone wouldn't have done that by now and we'd have heard of it. I doubt that any good will come from taking legal action, but I am pretty sure it will drag out the process.
A bunch of loyalty programs have taken actions similar to this, including at least Amex, Air Canada Aeroplan, and I'm sure others. Freezing accounts while investigations take place is extremely common, and 30 days seems to be around the usual amount of time that takes. Given that this has been going on for years, I would be surprised that if legal action were possible, someone wouldn't have done that by now and we'd have heard of it. I doubt that any good will come from taking legal action, but I am pretty sure it will drag out the process.
#43
Join Date: Jul 2022
Posts: 189
#45
A FlyerTalk Posting Legend
Join Date: Apr 2013
Location: PHX
Programs: AS 75K; UA 1MM; Hyatt Globalist; Marriott LTP; Hilton Diamond (Aspire)
Posts: 57,279