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-   -   Check your total Elite Nights! Many errors found! (https://www.flyertalk.com/forum/marriott-rewards/1713838-check-your-total-elite-nights-many-errors-found.html)

sethb Oct 4, 2015 5:54 pm


Originally Posted by leeky (Post 25509212)
some people also believe in Santa Claus and the Easter bunny but in your case you need a Cause of Action to bring suit and you ain't got one notwithstanding your reference to numerous threads.

I haven't had a problem (though I'm still waiting for some recent meeting nights to post).

If I spend 15 hours on the phone to get points to post, and they do post, I might not have much of a cause of action. So that might not be the optimal action.

If I send one letter, and the points don't post, I could send a second letter, a "demand letter". If my points still don't post, I now have a cause of action.

Just the subpoena to Marriott to get members of the potential class (people who didn't have points post correctly) would probably result in 99% of the missing points magically appearing so Marriott could say "There isn't anybody, now."

leeky Oct 4, 2015 6:33 pm

so become that Plaintiff........ I could use a good laugh......

and subpoenas to Marriott to get members of that particular class - were did you get your JD from????


Originally Posted by sethb (Post 25517834)
I haven't had a problem (though I'm still waiting for some recent meeting nights to post).

If I spend 15 hours on the phone to get points to post, and they do post, I might not have much of a cause of action. So that might not be the optimal action.

If I send one letter, and the points don't post, I could send a second letter, a "demand letter". If my points still don't post, I now have a cause of action.

Just the subpoena to Marriott to get members of the potential class (people who didn't have points post correctly) would probably result in 99% of the missing points magically appearing so Marriott could say "There isn't anybody, now."


sethb Oct 4, 2015 7:33 pm


Originally Posted by leeky (Post 25517950)
so become that Plaintiff........ I could use a good laugh......

and subpoenas to Marriott to get members of that particular class - were did you get your JD from????

You might note that I specified I wasn't someone who didn't get points.

You might also start by laughing at your own post. If you can't see why, that's all the more reason.

leeky Oct 5, 2015 9:36 pm

you still have NO cause of action -

You agree that:
(a) You have read, understood and accepted these Program Rules;

Accrued Points and Miles do not constitute property of the Member.

https://www.marriott.com/rewards/terms/default.mi

watching Law & Order, or similar TV programs, does not an attorney make!!


Originally Posted by sethb (Post 25517834)
If I send one letter, and the points don't post, I could send a second letter, a "demand letter". If my points still don't post, I now have a cause of action.


sethb Oct 5, 2015 9:46 pm


Originally Posted by leeky (Post 25523393)
you still have NO cause of action -

You agree that:
(a) You have read, understood and accepted these Program Rules;

Accrued Points and Miles do not constitute property of the Member.

https://www.marriott.com/rewards/terms/default.mi

watching Law & Order, or similar TV programs, does not an attorney make!!

If they claim they will award points under certain circumstances and they fail to do so, who owns the points is irrelevant. If they do not do what they claimed they would do, that's False Advertising. If someone was induced to stay at a Marriott rather than (say) a Hilton because the Marriott points were more valuable, I think he has a valid cause of action for damages from false advertising.

leeky Oct 5, 2015 10:14 pm

great argument but in your case, since you're in NY

CPLR Rule 3212 invoked. Bye bye.


Originally Posted by sethb (Post 25523412)
If they claim they will award points under certain circumstances and they fail to do so, who owns the points is irrelevant. If they do not do what they claimed they would do, that's False Advertising. If someone was induced to stay at a Marriott rather than (say) a Hilton because the Marriott points were more valuable, I think he has a valid cause of action for damages from false advertising.


sethb Oct 5, 2015 10:21 pm


Originally Posted by leeky (Post 25523489)
great argument but in your case, since you're in NY

CPLR Rule 3212 invoked. Bye bye.

First, I have stated several times that I have no cause because I have received all the points I'm entitled to. Perhaps you should read more carefully.

Second, the existence of summary judgment does not imply or prove that such a motion would succeed in any particular case.

Which consumer court are you a judge at, anyway?

ab_initio Oct 6, 2015 1:17 am

Shorted one night of a 6 night stay in BUD this year - took a week or so to correct after I obtained the receipt directly from the hotel and requested via MR.


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