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Can/should I sue Marriott for its own terms violations?

Can/should I sue Marriott for its own terms violations?

Old Apr 3, 2024, 9:23 am
  #31  
 
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Originally Posted by ofj
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.
That is a good point. However, an airline or hotel is free to contest that ruling, stating that it is a violation of their TOS. And they are free to file their own lawsuit to have that court's ruling overturned.

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.
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Old Apr 3, 2024, 9:27 am
  #32  
 
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Originally Posted by SuchThrill
... They've conceded that they do this to all high earners. ...

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!
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Old Apr 3, 2024, 10:20 am
  #33  
 
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What is considered as a high earner?
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Old Apr 3, 2024, 11:01 am
  #34  
 
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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.
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Old Apr 3, 2024, 12:44 pm
  #35  
 
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Originally Posted by SuchThrill
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.
If that's true, that's the most insane system ever: "we create the largest inconvenience we can think of only for our best customers"
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Old Apr 3, 2024, 12:46 pm
  #36  
 
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Originally Posted by Kacee
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:
Meh, an attorney would also know that terms and conditions are often knowingly unenforceable and just written because they know most people don't understand that and won't try as a result.
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Old Apr 3, 2024, 12:47 pm
  #37  
 
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Originally Posted by margarita girl
This. They aren’t your points.

Same is true for airline miles. They belong to the airline that granted them to you.
And yet American Airlines finds itself in court over this presently.
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Old Apr 3, 2024, 1:04 pm
  #38  
 
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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.

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Old Apr 3, 2024, 1:06 pm
  #39  
 
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Originally Posted by SuchThrill
That's precisely why I'm posting details publicly. It's purposeful. I want this eligible to be entered into discovery to further document my good-faith efforts to seek resolution to a demonstrably unreasonable withholding by Marriott.
What probative, or any, value would posting on an Internet forum have?
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Old Apr 3, 2024, 3:43 pm
  #40  
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My god, let it go for a month. If your account is still frozen, then you can start making threats.
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Old Apr 3, 2024, 4:38 pm
  #41  
 
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Living in the UK I find such threads interestingAmericans will threaten to sue anyone
for anything!

personally Id 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.
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Old Apr 3, 2024, 4:39 pm
  #42  
 
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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.
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Old Apr 3, 2024, 4:47 pm
  #43  
 
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Originally Posted by Schnit
I cannot imagine they cut off an account for just earning too many points. Did you book multiple hotels for the same night? Redeem multiple hotels for the same night? Anything else strange like that?
OP would consider it creative rather than strange.
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Old Apr 3, 2024, 5:00 pm
  #44  
 
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It's funny, my life experience is that people who do normal stuff and follow the rules generally don't have these kinds of things happen to them. I guess I'm just lucky; surely that must be it.
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Old Apr 3, 2024, 6:25 pm
  #45  
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Originally Posted by flyerfirsts
Meh, an attorney would also know that terms and conditions are often knowingly unenforceable and just written because they know most people don't understand that and won't try as a result.
Originally Posted by flyerfirsts
And yet American Airlines finds itself in court over this presently.
Please direct us to a published decision from any US court upholding a judgment in favor of a loyalty program member in similar circumstances.
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