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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 2, 2024, 10:37 pm
  #1  
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Can/should I sue Marriott for its own terms violations?

My Titanium account has been temporarily frozen for a routine audit because my high point earning triggered the system. I've told Marriott I can provide documentation showing my points are properly earned, yet Marriott said they can't do anything to expedite because fraud dept is some shadowy independent department no member or even Marriott rep can contact. And estimate is 30 days for audit! That's too long to seize my legit points. They have no basis for suspecting impropriety. I'd understand auditing while unfreezing when there are no grounds for suspicion and it's just a routine system flag. I've asked nicely but they say no. Should I serve a cease and desist letter and a demand letter to return my points and then sue for a court injunction if they don't? Or small claims court for value of the unreasonably seized points? Marriot "Lurkers" by email have said they can't do anything to help. So much for loyalty care.
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Old Apr 2, 2024, 11:30 pm
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Originally Posted by SuchThrill
They have no basis for suspecting impropriety
Unfortunately for you, it would seem that something may have happened which makes them think that they do, and that an investigation is warranted. The T&Cs are probably on their side in that respect.

It would be strange if a company allowed you access to spend all of the suspect points during such an investigation, which they may well argue is also for your own protection.

I think you'll just have to sit it out, as the lurkers have suggested.
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Old Apr 2, 2024, 11:46 pm
  #3  
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Originally Posted by KingCanute
it would seem that something may have happened which makes them think that they do, and that an investigation is warranted.
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.
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Old Apr 3, 2024, 12:01 am
  #4  
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This is going to go nowhere.

Obviously annoying, but it’ll be much better for your blood pressure if you just sit back and let the process follow its course.
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Old Apr 3, 2024, 12:11 am
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Just for info, from section 9.14 of the T&Cs:

"Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually without any class action"

I'm sure a few of us would be interested in your understanding of what the points earnings threshold is for an investigation though. Did they give you any idea?

It would also be unusual if a company told the individual the full reasons for a fraud investigation before it has concluded, to avoid opportunities to cover tracks.

And I'm not suggesting you are nefarious in any way of course, just musing on the process.

Last edited by KingCanute; Apr 3, 2024 at 12:20 am
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Old Apr 3, 2024, 12:13 am
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Just curious... were you actually planning on using any of those accumulated points in the next 30 days?
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Old Apr 3, 2024, 12:19 am
  #7  
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Originally Posted by EuropeanPete
This is going to go nowhere.. it’ll be much better for your blood pressure if you just sit back and let the process follow its course.
Actually I'm rather composed and rational and have very good blood pressure. Would you counsel similar complacency and resignation to other people whose rights are violated and who know and practice contract law like I do? My points are valued very high, and I need access immediately for urgent travel. That access is being withheld.
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Old Apr 3, 2024, 12:23 am
  #8  
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Originally Posted by KingCanute
Just for info, from section 9.14 of the T&Cs:

"Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually without any class action"

I'm sure a few of us would be interested in your understanding of what the points earnings threshold is for an investigation though. Did they give you any idea?

It would also be unusual if a company told the individual the full reasons for a fraud investigation before it has concluded, to avoid opportunities to cover tracks.

And I'm not suggesting you are nefarious in any way of course, just musing on the process.
I appreciate this response. You'd be amazed how indiscreet and loose-lipped and off-script some phone reps are when you chat them up, even at high levels of Bonvoy elite service. They did indeed tell me these things.
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Old Apr 3, 2024, 12:25 am
  #9  
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Originally Posted by hdogan
Just curious... were you actually planning on using any of those accumulated points in the next 30 days?
Yes, I need to use the points immediately. Tonight, tomorrow night, the next. For the foreseeable future. I'm staying at hotels for reasons of family caregiving. Family members with medical emergencies, and I need lodging. So this is a very real need.
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Old Apr 3, 2024, 12:57 am
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Originally Posted by SuchThrill
And estimate is 30 days for audit!
The likelihood of you getting any legal relief before 30 days is remote at best. Its unfortunate but perhaps best to just wait it out.
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Old Apr 3, 2024, 1:29 am
  #11  
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Originally Posted by SuchThrill (Post # 7)
Would you counsel similar complacency and resignation to other people whose rights are violated and who know and practice contract law like I do? My points are valued very high, and I need access immediately for urgent travel. That access is being withheld.
As an attorney, you should know that anything you post here can and will be used against you in discovery.

Go ahead and do what needs to be done with your arbitration or small claims (not class action) case. But that is unlikely to solve your real problem, which has been "keeping all your eggs in one basket." You've been BONV°Yed!

Someone with as many stays and points as you have should diversify into a second hospitality chain, so that when inevitable events such as this occur, it will only be a minor inconvenience at most.

It sounds like now would be a good time to get started. May I suggest Hilton or Hyatt?
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Old Apr 3, 2024, 1:39 am
  #12  
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Originally Posted by SPN Lifer
As an attorney, you should know that anything you post here can and will be used against you in discovery.
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.
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Old Apr 3, 2024, 1:41 am
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Originally Posted by SPN Lifer
"keeping all your eggs in one basket." You've been BONV°Yed!
Hahahaha. Well said, well said.
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Old Apr 3, 2024, 1:44 am
  #14  
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Originally Posted by Keyser
The likelihood of you getting any legal relief before 30 days is remote at best. Its unfortunate but perhaps best to just wait it out.
Thanks. Good point. But the harm (i.e., injury) is still suffered, and statute of limitations extends, so legal relief is available even after the harm. That relief can look like a variety of things of value, chiefly monetary but not only.
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Old Apr 3, 2024, 2:17 am
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Originally Posted by SuchThrill
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
I'm still interested in what that number of points might be in a calendar year to trigger such an investigation, if you don't mind sharing your estimate? It could be helpful for many others here.
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