Angel Bakov v. Consolidated World Travel, Inc.

  1. Why did I get this Notice?
  2. What is this Lawsuit about?
  3. What is a class action and who is involved?
  4. Am I part of the Class?
  5. What did the calls say?
  6. Why is this a class action?
  7. What does the lawsuit complain about?
  8. How does Defendant answer?
  9. Has the Court decided who is right?
  10. What are the Plaintiffs asking for?
  11. What happens if I do nothing at all?
  12. Why would I ask to be excluded?
  13. How do I exclude myself from the Class?
  14. Do I have a lawyer in this case?
  15. Should I get my own lawyer?
  16. How will the lawyers be paid?
  17. How and when will the Court decide who is right?
  18. Do I have to come to the trial?
  19. Will I get money after the trial?
  20. Are more details available?
  1. Why did I get this Notice?

    The notice explains that the Court has allowed, or "certified", a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Defendant, on your behalf, are correct. Judge Harry D. Leinenweber of the United States District Court for the Northern District of Illinois, is overseeing this class action. The lawsuit is known as Angel Bakov v. Consolidated World Travel, Inc., Case No. 1:15-cv-02980.

    Top

  2. What is this Lawsuit about?

    The lawsuit alleges that Defendent placed calls using prerecorded voice to individuals without prior consent in violation of the federal Telephone Consumer Protection Act.

    Top

  3. What is a class action and who is involved?

    In a class action lawsuit, one or more people called “Class Representatives” (in this case, Angel Bakov, Julie Herrera, and Kinaya Hewlett) sue on behalf of other people who have similar claims.  Together, these people are referred to as a “Class” or “Class Members.”  The named plaintiffs who sued – and all the Class Members like them – are called the Plaintiffs.  The company they sued (in this case, Consolidated World Travel, Inc.) is called the Defendant.  One court resolves the issues for everyone in the Class – except for those people who choose to exclude themselves from the Class.

    Top

  4. Am I part of the Class?

    The Court has allowed the lawsuit to be a class action on behalf of all Illinois residents (1) whom VVT called from December 29, 2014 through March 20, 2016, to market a cruise aboard the Grand Celebration cruise liner sold by CWT, and (2) who answered such calls.

    Top

  5. What did the calls say?

    Calls to Class Members all began the same way: "Hi, this is Jennifer with Holiday Cruise Line on a recorded line. Can you hear me okay?"

    Top

  6. Why is this a class action?

    The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts.

    More information about why the Court is allowing this lawsuit to be a class action is in the Court's Order Certifying the Class, which is available under the Case Documents tab on this website.

    Top

  7. What does the lawsuit complain about?

    Plaintiffs allege that from December 29, 2014 through March 20, 2016, Defendant made or caused calls to be made using a prerecorded voice in violation of the federal Telephone Consumer Protection Act. You can read the Plaintiffs' Complaints, which are available under the Case Documents tab on this website.

    Top

  8. How does Defendant answer?

    Defendant denies any wrongdoing and denies the Plaintiffs' allegations. You can read Defendant's Answers to the  Complaints under the Case Documents tab on this website.

    Top

  9. Has the Court decided who is right?

    The Court hasn’t decided whether the Defendant or the Plaintiffs are right.  By establishing the Class and issuing the notice, the Court is not suggesting that the Plaintiffs will win or lose this case.  The Plaintiffs must prove their claims in the litigation, including at a trial, if necessary.

    

    Top

  10. What are the Plaintiffs asking for?

    The Plaintiffs are generally asking the Court to award at least $500 per call answered by Class Members.

    No money or benefits are available now because the Court has not yet made a final decision whether Defendant did anything wrong, and the two sides have not settled the case.  There is no guarantee that money or benefits ever will be obtained.  If they are, you will be notified about how to ask for a share.

    Top

  11. What happens if I do nothing at all?

    You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit.  By doing nothing, you are staying in the Class.  If you stay in the Class and money or benefits are awarded, either as a result of the trial or a settlement, you will be notified about how to apply for a share.

    Keep in mind that if you do nothing now, regardless of whether the Class Representatives win or lose the trial, you will not be able to separately sue, or continue to sue, Defendant – as part of any other lawsuit – for the same legal claims that are included in this lawsuit.  You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.

    Top

  12. Why would I ask to be excluded?

    If you exclude yourself from the Class – which is sometimes called “opting-out” of the Class – you won’t get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of the trial or from any settlement (that may or may not be reached) between Defendant and Plaintiffs.  However, you will be able to separately sue or continue to sue Defendant for the legal claims that are included in this lawsuit.  If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

    If you exclude yourself so you can start or continue your own lawsuit against Defendant, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations. If you decide to bring your own lawsuit against Defendant, you will have to hire and pay your own lawyer for that lawsuit and you will have to prove your claims.

    Top

  13. How do I exclude myself from the Class?

    To exclude yourself from the Class, you must send a request for exclusion postmarked no later than November 15, 2019 to:

    Bakov v. Consolidated World Travel Class Administrator

    c/o KCC Class Action Services

    P. O. Box 43501

    Providence, RI  02940-3501


    Your request for exclusion must contain: (1) the name of this lawsuit, "Angel Bakov v. Consolidated World Travel, Inc., Case No. 1:15-cv-02980 (N.D. ILL)"; (2) your full name and current address; (3) a clear statement of your intention to exclude yourself, for example, "I wish to be excluded from the Class", and (4) your signature. You may also use the Exclusion Request form available under the Request for Exclusion tab of this website.

    Top

  14. Do I have a lawyer in this case?

    Yes, the Court appointed the law firms of Bursor & Fisher, P.A.  and Lite DePalma Greenberg, LLC to represent the Plaintiffs and all Class Members as “Class Counsel.”  More information about these law firms, their practices, and their lawyers’ experience is available at www.bursor.com and www.litedepalma.com.

    Top

  15. Should I get my own lawyer?

    If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel are working on your behalf.  But, if you want your own lawyer, you may hire one at your own expense.  For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

    Top

  16. How will the lawyers be paid?

    If Class Counset gets money or benefits for the Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsel's request, the fees and expenses would be either deducted from any money obtained for the Class or be paid separately by Defendant.

    Top

  17. How and when will the Court decide who is right?

    As long as the case isn't resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs' claims in this litigation at a trial. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class. The Court has not scheduled a trial date yet. If and when it occurs, the trial will be held at the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604.

    Top

  18. Do I have to come to the trial?

    You do not need to attend the trial. Class Counsel will present the case for the Class Members, and Defendant will present the defenses. You are welcome to come at your own expense. If you wish to participate in the trial, you should contact Class Counsel.

    

    Top

  19. Will I get money after the trial?

    If the Class obtains money or benefits as a result of the trial or a settlement,  you will be notified about how to participate and how to apply for a determination as to whether or not you are a Class Member. You may be required to establish membership in the class by affidavit or other evidence to receive benefits.

    Top

  20. Are more details available?

    You may review the court documents, which are found on the Case Documents tab of this website.  You  may also contact the class notice administrator at 1-855-445-9439 or by writing to:

    Bakov v. Consolidated World Travel Class Administrator

    c/o KCC Class Action Services

    P. O. Box 43501

    Providence, RI  02940-3501

    PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.

    Top