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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 13, 2024, 7:49 pm
  #121  
 
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Originally Posted by flyerCO
I agree. However in this case not only are you agreeing no value, but that you have no property interest.
once again, it does not matter what you agree to. it doesnt matter what value you agree the points have nor does it matter who's property you say the points are.

in the context of this conversation it only matters what value the courts place on the miles - and I guarantee you it's not 'zero', and do you or do you not have control over said miles.
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Old Apr 13, 2024, 7:54 pm
  #122  
 
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Originally Posted by Dr. HFH
Maybe go back and reread my post? Some programs allow transfers between family members, or spouses. When that's not allowed, the court can order you to hold your miles in trust for use by your former spouse. The miles stay in your name. The airline's program is never aware. And if you don't hold the miles for your former spouse's use as ordered, the court will likely require you to pay for as much of your former spouse's travel as s/he would have been able to purchase with the miles that you failed to hold in trust for his/her use.


IAAL. See above. If you still have any questions about how this works, feel free to ask.


In the U.S., transfers between family members, and especially spouses, can be accomplished for nominal consideration, typically recited in the deed as "love and affection" or sometimes $1 and occasionally both ("love and affection plus $1"). Such nominal consideration in property transfers is valid, recognized by the land court, registry of deeds, or other relevant authority, and does not trigger a visit from the tax man.
it's a legal transfer. i never disagreed with that. I absolutely 100% guarantee you are wrong with regards to it not triggering a visit from the tax man. think about it. no one would ever pay gift or inheritance tax if you could just sell any property, of any value, for any arbitrary sum you want AND have the government recognize the value of said property to be whatever the cost of transfer was.
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Old Apr 13, 2024, 7:58 pm
  #123  
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Courts do not need to involve Marriott BONVY at all. They can order the account holder to make redemptions, 100K annual point transfers, etc., under threat of civil contempt of court -- with incarceration during the pendency of willful failure to comply with the court order.
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Old Apr 13, 2024, 8:30 pm
  #124  
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Originally Posted by flyerCO
A court can order spouse A is 100% responsible for credit card debt. It doesn't change fact that the bank doesn't have to abide by this. Could they if they wanted? Sure they could. Same with miles/points. A court can order spouse A give up all points. It doesn't mean the hotel/airline must follow the order. Can they? Again, sure they can.
Again, you seem to have missed my point. I'm sure that it's my fault, let me try to be a little more clear. True, perhaps the court can't order the airline to transfer points. (Actually, this would be an interesting point to litigate, -- why doesn't an airline have to do what a court of competent jurisdiction orders it to, just like every other person and business? Off the top of my head, I can't think of a reason.) This is very different from your credit card debt example. Consumer credit is, as they say, a whole different ballgame.

In the scenario I've described, the court orders the spouse in whose name the points/miles currently stand not to spend/use/transfer/redeem them. It orders that spouse to hold them, and make them available to the other (now ex-) spouse when requested. The airline never knows about this arrangement. When requested by the ex-spouse, the point-owning spouse must redeem points for a ticket (or tickets) for the ex-spouse up to the number of points ordered by the court.
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