I see no mention of the Class Action Suit re $300 fines for Pax Service Act/Jones Act

[Jade13]

The way I read it there are to be two requirements: at least 50% of the ports must be outside the US, AND there must be a 48-hour port call.

This new interpretation blows USA homeporting right out of the water.

 

Now don't get me wrong, I'd love to be wrong about this. Failing that, I'd love for this to all go away, or for the law of unintended consequences to be invoked. I suspect that getting there, though, is going to be painful.

 

An interesting idea if the 48 hour hour port call could be the first night in Miami, Tampa, or Ft Lauderdale. It would save the need to pay for a 1 night pre-cruise hotel stay.

[Jade13]

Everyone else didn't read my post to know I am not asking about the NCL/US Govt dispute about foreign flagged ships stopping for a short period at Victoria or Ensenada on Hawaiian cruises.

 

I'm asking about the class action suit against HAL that came to court mid Dec. My papers say that if it is found in favor of the complainant that we who paid $600 (300 ea for 2) for Jones Act Violatlion by missing the embarkation port and getting on at the 2nd port which was also an American port.

 

This is not a thread about its really being the Passenger Service Act vs. the so called Jones Act. We know it is not really the Jones Act. "Jones Act violation" was written on my receipt for $600 on Veendam when this happened to us.

 

The suit is about HAL apparently not sending the $600 (in multiples over the years) to the government (or the government not charging), but keeping it. It asks that all people who have been charged the $300 per head be given $300+interest. Lawyers fees were separate and if won would not affect the $300+interest.

 

I just want to know if anyone has heard if it passed or not. Thanks

 

I am curious to hear the outcome. Wasn't this suit also brought by someone also complaining that he was overcharged for shore excursions? I did not get that part as 1) HAL has a right to make a profit, and 2) He has the ability to reseach the costs of any excursions. The one that always stood out for me was that HAL charged more for the Skagway Railway, but it is walkable if docked in Skagway, unless you have a motility issue.

[sail7seas]

An interesting idea if the 48 hour hour port call could be the first night in Miami, Tampa, or Ft Lauderdale. It would save the need to pay for a 1 night pre-cruise hotel stay.

 

Jade..... Perhaps I misunderstand but I think the reference to a 48 hour port stay is not for the U.S. port but for a foreign port.

[RuthC]

Jade..... Perhaps I misunderstand but I think the reference to a 48 hour port stay is not for the U.S. port but for a foreign port.

You understanding is the same as mine, sail. The PSA reinterpretation refers to a 48-hour call in Ensenada. An overnight in Honolulu doesn't fulfill the reinterpretation.

[flashdog_1]

I am curious to hear the outcome. Wasn't this suit also brought by someone also complaining that he was overcharged for shore excursions? I did not get that part as 1) HAL has a right to make a profit, and 2) He has the ability to reseach the costs of any excursions. The one that always stood out for me was that HAL charged more for the Skagway Railway, but it is walkable if docked in Skagway, unless you have a motility issue.

 

Yes, one and the same. We got the papers and it listed the court date in Dec. It said that if it were resolved that day then "pay out" would be in January! No coupons, but cold hard cash. the lawyers fees were a separate part of the suit, so if it passed we expect full compensation (plus interest for those people who paid years ago).

 

I think the man who filed the suit was just so very ticked off at having to cough up $1200 I think for a family of 4, on his shipboard account, that he got in one of those "I hate HAL" modes and like some of the reviews we read here, figured out everything else that was wrong on the cruise or with HAL. (Kind of reminded me of a person who books a cruise during rainy or hurricane season - yeah the prices are great then - and then gets p....d because they cancelled his excursion due to rain, or cancelled a port because it got wiped off the map from a storm.

 

I tried a google search and was not successful. I tried the lawyer's name, the court of Seattle, the judge's name, the Seattle Newspaper's name with the date after the hearing, the complainant's name, HAL, class action and whatever I could think of but did not find anything AFTER the suit was supposed to have been heard. If anyone has any other suggestions of words to use, let me know! Yes, I tried to find it in an online version of Seattle's paper, too.

 

If someone is an expert at googling, here are the particulars: Notice of Proposed Class Settlement

JB Miller, plaintiff vs HAL defendant. It was filed Sept 21, 2006 alledging that HAL violated the Alaska Consumer Protection Act AS 45.50.471...was unjustly enriched, breached its cruise contract (by retaining monies collected as a result of apparent violations of the PVSA..even when the govt did not levy a PVSA fine on Hal.

 

5. HAL HAS AGREED TO REFUND THE ASSESSED FINES PLUS INTEREST to members of the class....nothing will be paid more than 3 years prior to the filing of the suit. They disagree on the statute of limitations.

 

Asking court to approve an award of attorney's fees and expenses in an amount not to exceed $32K. If Court approves that request Hal will pay the fees and costs directly; the award of fees and costs will not reduce the amount paid to the Class

 

Hagens Berman Sobol Shapiro LLP & David P. Meyer & Associates Co., LPA as Class Counsel.

 

Hearing to be on Dec 13, 2007 8:30 a.m. in the courtroom of the Hon. Robert S. Lasnik, US District Court Judtge for the Western District of Washington (at US Courthouse, 700 Stewart St Seatlle) to consider whether the Settlement should be finally approved, as well as to consider Class Counsel's request for fees and costs. If approved, checks to claimants will be sent 30-90 days afterward. An appeal will delay this, of course.

 

I had just hoped someone from cruise critic might have seen the result in the Seatlle newspaper and could report back here.

 

I will let you know if I hear anything, ya'll.

[flashdog_1]

Wanted to correct my statement that the pay out would be January. I re-read it and it said 30-90 days after completion.

 

It specifically said DO NOT CONTACT THE COURT. So please do not do so! Thanks

[Jade13]

Y

 

Hagens Berman Sobol Shapiro LLP & David P. Meyer & Associates Co., LPA as Class Counsel.

 

quote]

 

Why don't you just contact the counsel? I would.

 

Btw, I understand being pissed at $1,200.00. Do you recall why he missed the ship? I'm assuming they tried to fly in same day. I have an opinion if a pax bought HAL air and insurance this should all be covered, but most don't do either. I'd be curious if this guy ever cruised again?

[sail7seas]

Yes, one and the same. We got the papers and it listed the court date in Dec. It said that if it were resolved that day then "pay out" would be in January! No coupons, but cold hard cash. the lawyers fees were a separate part of the suit, so if it passed we expect full compensation (plus interest for those people who paid years ago).

 

I think the man who filed the suit was just so very ticked off at having to cough up $1200 I think for a family of 4, on his shipboard account, that he got in one of those "I hate HAL" modes and like some of the reviews we read here, figured out everything else that was wrong on the cruise or with HAL. (Kind of reminded me of a person who books a cruise during rainy or hurricane season - yeah the prices are great then - and then gets p....d because they cancelled his excursion due to rain, or cancelled a port because it got wiped off the map from a storm.

 

I tried a google search and was not successful. I tried the lawyer's name, the court of Seattle, the judge's name, the Seattle Newspaper's name with the date after the hearing, the complainant's name, HAL, class action and whatever I could think of but did not find anything AFTER the suit was supposed to have been heard. If anyone has any other suggestions of words to use, let me know! Yes, I tried to find it in an online version of Seattle's paper, too.

 

If someone is an expert at googling, here are the particulars: Notice of Proposed Class Settlement

JB Miller, plaintiff vs HAL defendant. It was filed Sept 21, 2006 alledging that HAL violated the Alaska Consumer Protection Act AS 45.50.471...was unjustly enriched, breached its cruise contract (by retaining monies collected as a result of apparent violations of the PVSA..even when the govt did not levy a PVSA fine on Hal.

 

5. HAL HAS AGREED TO REFUND THE ASSESSED FINES PLUS INTEREST to members of the class....nothing will be paid more than 3 years prior to the filing of the suit. They disagree on the statute of limitations.

 

Asking court to approve an award of attorney's fees and expenses in an amount not to exceed $32K. If Court approves that request Hal will pay the fees and costs directly; the award of fees and costs will not reduce the amount paid to the Class

 

Hagens Berman Sobol Shapiro LLP & David P. Meyer & Associates Co., LPA as Class Counsel.

 

Hearing to be on Dec 13, 2007 8:30 a.m. in the courtroom of the Hon. Robert S. Lasnik, US District Court Judtge for the Western District of Washington (at US Courthouse, 700 Stewart St Seatlle) to consider whether the Settlement should be finally approved, as well as to consider Class Counsel's request for fees and costs. If approved, checks to claimants will be sent 30-90 days afterward. An appeal will delay this, of course.

 

I had just hoped someone from cruise critic might have seen the result in the Seatlle newspaper and could report back here.

 

I will let you know if I hear anything, ya'll.

 

I certainly have no idea but it wouldn't be shocking to hear the case wasn't heard on that date. It is very common for cases to continued for many reasons.

 

It is also possible it was heard as scheduled.

 

Might even have been a settlement out of court.

 

Hopefully, at some point, we will all hear the outcome.

[gizmo]

I was curious and googled. I got hits but nothing on a settlement.

[fann1sh]

I'm a former lawyer. From the way I read the legalese, the case IS settled out of court. The judge has to turn the settlement into a judgment with an order (usual translation: "rubber stamp")

 

I never expect ANY court day scheduled for December to happen...even one as apparently simple as this. Too many people involved, some with "use it or lose it" holiday time.

[flashdog_1]

Y

 

Hagens Berman Sobol Shapiro LLP & David P. Meyer & Associates Co., LPA as Class Counsel.

 

quote]

 

 

 

Why don't you just contact the counsel? I would.

 

I will. It suggests doing it in writing, however.

 

Btw, I understand being pissed at $1,200.00. Do you recall why he missed the ship? I'm assuming they tried to fly in same day. I have an opinion if a pax bought HAL air and insurance this should all be covered, but most don't do either. I'd be curious if this guy ever cruised again?

 

I read it somewhere on another thread but of course this is not in the legal docs. Cannot say for sure why they missed the ship, but I think it was the airlines. I do not know about insurance or booking airfare thru HAL. Sorry

 

I obviously do not know how to break up the quote so that my answer shows in white. Where can I find out? Thanks

[gizmo]

Once the quote is in your reply box, just highlight what you don't want and hit the delete key. :)

[flashdog_1]

but I thought that is what I'd done last time, and my words showed in grey, not white.

[gizmo]

but I thought that is what I'd done last time,

 

Hi flashdog !!

 

and my words showed in grey, not white.

 

 

 

Now I know what you mean. :)

 

 

Each segment of must of a quote starts with [ quote ] and ends with [ / quote ] without the spaces. In these examples I used spaces in between the symbols and the word quote so you could see what you need to type in, but do not use spaces when using it.

 

 

To get Hi Flashdog in between I inserted [ / quote ] to end the first part.

 

I then inserted [ quote ] at the beginning of the next part (and my word showed in grey etc.) and verfied it ended with [ / quote ]

[flashdog_1]

I'd never have thought to do that. Good to know.

[flashdog_1]

last week but have had no response as yet. I'll let you know as soon as I hear something pro or con.

[flashdog_1]

Within the hour of posting last the lawyer called me. Said the decision was made on Dec 13. The class suit "won." HAL is required to send the checks within 60 days. So she said they should be mailing them on Feb 12, and if I do not get mine by the end of February to let her know! I am so glad that I can really now afford the Bermuda cruise I booked last week!

[sail7seas]

Oh my goodness..... I would be so nervous spending money I didn't know I'd receive. Happy for you that it will work out and you can afford your Bermuda cruise.

 

Enjoy.

[flashdog_1]

We knew we'd receive it, but didn't know the time frame. There could have been a delay if HAL had tried. But apparently they didn't.

[Jade13]

Within the hour of posting last the lawyer called me. Said the decision was made on Dec 13. The class suit "won." HAL is required to send the checks within 60 days. So she said they should be mailing them on Feb 12, and if I do not get mine by the end of February to let her know! I am so glad that I can really now afford the Bermuda cruise I booked last week!

 

Great! Congratulations!