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Oct 4, 2015 | 5:54 pm
#16
FlyerTalk Evangelist
Join Date: Jun 2004
Location: MSP
Programs: DL PM, MM, NR; HH Diamond, Bonvoy LT Gold, Hyatt Explorist, IHG Diamond, others
Posts: 12,163
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."
Oct 4, 2015 | 6:33 pm
#17
Suspended
Join Date: Sep 2012
Posts: 827
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????
and subpoenas to Marriott to get members of that particular class - were did you get your JD from????
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."
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."
Oct 4, 2015 | 7:33 pm
#18
FlyerTalk Evangelist
Join Date: Jun 2004
Location: MSP
Programs: DL PM, MM, NR; HH Diamond, Bonvoy LT Gold, Hyatt Explorist, IHG Diamond, others
Posts: 12,163
You might also start by laughing at your own post. If you can't see why, that's all the more reason.
Oct 5, 2015 | 9:36 pm
#19
Suspended
Join Date: Sep 2012
Posts: 827
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!!
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!!
Oct 5, 2015 | 9:46 pm
#20
FlyerTalk Evangelist
Join Date: Jun 2004
Location: MSP
Programs: DL PM, MM, NR; HH Diamond, Bonvoy LT Gold, Hyatt Explorist, IHG Diamond, others
Posts: 12,163
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!!
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!!
Oct 5, 2015 | 10:14 pm
#21
Suspended
Join Date: Sep 2012
Posts: 827
great argument but in your case, since you're in NY
CPLR Rule 3212 invoked. Bye bye.
CPLR Rule 3212 invoked. Bye bye.
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.
Oct 5, 2015 | 10:21 pm
#22
FlyerTalk Evangelist
Join Date: Jun 2004
Location: MSP
Programs: DL PM, MM, NR; HH Diamond, Bonvoy LT Gold, Hyatt Explorist, IHG Diamond, others
Posts: 12,163
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?
Oct 6, 2015 | 1:17 am
#23
Join Date: Dec 2005
Location: SAN
Programs: DL DM 1MM, Marriott LT Titanium, Hilton Diamond
Posts: 352
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.