Remember the group of ambulance chasers that filled a Class Action suit just a day or two after California did?
Well, they’re at it again. (sigh….)
Apparently, being told “no” more times than I can count over the last 3 years isn’t enough and the group has been able to “vacate the judgment” and have it sent back to the Honorable Judge Murphy to re-hash this mess all over again.
For those that don’t know legalese “vacating the judgment” basically means the panel of three Judges put a “void” stamp on Judge Murphy’s dismissal and it’s being tossed back yet again.
Over the years we’ve had some very stern comments towards the Plaintiff’s in this case from the District Court.
Here are some of the quotes we’ve seen towards the Plaintiff’s in their motions (yes, plural) to dismiss:
“ungainly monster of 39 pages containing 133 paragraphs“
“In fact, pursuing discovery in the hopes of turning up something that may lead to a lawsuit seems to the Court to be the very definition of a fishing expedition.”
“As a general rule the Court is not fond of “ill-founded requests for reconsideration of matters previously decided,” given that such requests “needlessly take the court’s attention from current matters and visit inequity upon opponents who, prevailing in an earlier proceeding, must nevertheless defend their position again and again.”
“the Court does not intend to spend a great deal more judicial time than it already has spent in hashing over with Plaintiffs“
“So long as they are in this Court, however, litigants and their counsel do well not to treat the Court’s rulings “as mere first drafts, subject to revision and reconsideration at a litigant’s pleasure“
And my personal favorite:
“authorizing a court sua sponte to strike “redundant, immaterial, impertinent, or scandalous matter” contained in a pleading“
I have to admit, after being raked over the coals so many times by the Court like this, mustering up the nerve to go back takes balls. (Excuse the metaphor.)
But such is the life of an Anti-MLM Zealot. Remember, they’re right, we’re wrong and there’s simply nothing one can do to calm the fears and outrageous perceptions they have surrounding a business model that’s been around for well over a century now.
You may be asking yourself at this point why these “victims” don’t just recoup their investment from the Illinois Settlement that set aside $150K for those who want to grab it. I can’t say for sure, but I’d speculate that the Attorney’s in this Class Action have spent way to much time and money on this over the last three years, and they’re desperate to get something out of this witch hunt. The Attorney’s after all will get a far better “pay day” than the entire Class combined. Just like California who pocketed $875K in the California settlement, leaving a mere $125K for the victims the suit was designed to protect.
To add insult to injury concerning this pleading, it was revealed two years ago that the Plaintiffs in this case have an average of 8 months of dabbling in the business.
Here’s a list of the who’s – who and their time spent “selling travel”.
- Courtney Speed – 4 months
- Kwame Thompson – 4 months
- Grace Perry – 5 months
- John Stull – 6 months
- Faye Morrison – 11 months
- Jeff and Polly Hartman – 18 months
On Saturday, when I wrote about the companies renewed focus on Travel, I revealed that I personally didn’t make money my first year in the business. (2005) Going back, my total commissions for travel was less than $26.00 that year. That said, I did however have bookings that produced travel commissions in year two and beyond.
For example: A client books a cruise with BandBVacations.com today for July, 2012. A deposit is made of around $100 per person for that cruise at the time of booking. Obviously, a cruise line can’t pay commissions to the agent based on a deposit that’s a fraction of the total sale. But somehow, YTB is expected to produce that commission, otherwise it’s labeled as “unprofitable”.
Second, while the suit claims that all the plaintiffs in the suit were both RTA’s and Reps with the company, it’s my understanding that at least one of the names listed was only a Rep, and never paid a dime to YTB to become an RTA enabling said plaintiff to even sell travel. Kind of hard to make money selling travel when you don’t even have a booking engine. In addition, a Rep position is, as it always has been – free. If it wasn’t free, then people would be required to actually “pay for the opportunity to recruit others”.
Payments to YTB Travel is as they’ve always been are to enable someone to sell travel with our Host Agency. Just like Nexion, Uniglobe, Expedia Cruise Ship Centers, or Coral Sands Travel. It’s a business like any other. What you do to produce income from it is up to you. But I’d highly recommend spending more than four or five months at anything you try before you up and quit. That my friends are the individual’s shortcomings – not the business.
I have no clue how long this go around will take to muddle through. I do however, hope that this go around will separate truth from the glorified hype and outlandish claims made by a group who has used words like “failed”, “corrected”, “deficiency”, “amending”, “incorrectly”, and “realized after 100 hours of arguing” in their pleadings over the last three years.
Such is the case of this suit and these Plaintiff’s that have more lives than a cat.