Thacker v. Cape Canaveral Tour & Travel, Inc. et al.

On February 14, 2008, the Court certified this lawsuit as a Class Action under Rule 23 of the Indiana Rules of Trial Procedure, which permits a member of the class to bring a lawsuit on his or her own behalf and also on the behalf of all persons who have the same or similar claims. Donyelle Thacker filed this lawsuit individually, and on behalf of all others similarly situated (hereinafter the "Representative Plaintiff".) This class action essentially asks the Court to determine whether or not the Defendants complied with Indiana law when sending mailings to residents of Indiana to solicit their vacation packages. Indiana law requires companies, like the Defendants, who solicit Indiana consumers by mail to include certain things in their mailings. These things include the Defendants' assigned registration number, the additional costs that might be added, and whether a person must attend a sales presentation regarding timeshares while on the vacation. Plaintiff alleges that the Defendants did not meet the requirements of Indiana law when making solicitations to class members between July 3, 2000, and July 3, 2002.

This lawsuit seeks damages on behalf of the class for those who were solicited by Defendants to purchase a vacation package during the time period dating from July 3, 2000 through and including July 3, 2002.

The damages sought from Defendants on behalf of class members in this lawsuit include:

a. Statutory Money Damages; or, in the alternative,

b. Actual Money Damages; and,

c. Costs and Attorneys fees

In the event damages are recovered on behalf of class members from Defendants a Court approved process will be employed to determine the distribution of such damages among class members.

On February 14, 2008, the Honorable Patrick McCarty, Judge of Marion Superior Court No. 3, Indianapolis, Indiana, certified this case as a class action, and the Court approved the appointment of William Riley, Jamie Kendall, Christopher Moeller, and Joseph N. Williams as attorneys representing the class (hereinafter called "Class Counsel") based upon a finding by the Court that Class Counsel were qualified attorneys who are experienced in class action litigation. Class Counsel has also represented other classes in similar class action lawsuits before other Indiana Trial Courts, and in Federal Court around the country.

Official Class Action Notice

Exclusion Form - postmark deadline August 28, 2008