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Should I sue RCI for unlawful disposal of timeshare inventory on my own or with a class action suit?

I was a member of RCI. A class action suit is being filed. If I want to sue on my own I must notify a lawyer. How should I sue? A hearing is being schedualed and no details on the settlement is disclosed except some monetary or travel benefits??? I just got the notice today. What should I do? Will it benefit me to hire a lawyer, except I do not have funds to hire one.

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Attorney answers (1)

Reputation Level 3
In general, once a class has been certified by a court, any resulting judgment or settlement will be binding on you as a class member as to the issues that are resolved in the lawsuit filed. If you do nothing, you will be bound by the settlement or judgment. Therefore, if you are already a class member, you do not need to hire your own lawyer, as you are technically represented by the lawyer from whom you received notice. If, however, you do not agree with the terms of settlement outlined in the notice you received, then the notice should also inform you how you can object to the settlement, and any deadline for doing so. If you have questions about the terms of the settlement beyond what is outlined in the notice, the notice should provide the names and contact information of the attorneys who represent the class (and you as an unnamed class member).

If you want to pursue your individual claim outside of the class, you will need to "opt out" of the settlement (how to do this may also be in the notice you received depending on the stage of litigation), and hire your own lawyer. You mention you do not have funds to hire a lawyer; if your damages are significant, or attorney's fees are availabe for your claim, you may find a lawyer who will take your case on a contingency basis.

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