May 20, 2024

Hall v. Marriott International, Inc. – Important Settlement Information

Third Amended Complaint

Notice of Motion and Motion for Preliminary Approval

Memorandum and Points and Authorities in Support of Motion for Preliminary Approval

Declaration of Robert Teel in Support of Motion for Preliminary Approval

Exhibit 1 to Teel Declaration – Class Action Settlement Agreement

Preliminary Approval Order

CLASS ACTION SETTLEMENT NOTICE

A court authorized this notice. This is not a solicitation.
However, your legal rights may be affected by whether you act or don’t act.

TO:      All persons in California––except for persons who enrolled in Marriott’s “Bonvoy” rewards program on or after April 24, 2015––who  reserved  or  booked  a  Marriott  managed  or franchised hotel room online through the Marriott.com website or Marriott mobile app and who paid a resort fee, destination fee, amenity fee, or destination amenity fee on or after September 9, 2015 and until the Class was certified on March 30, 2023, excluding Marriott and Marriott’s officers, directors, employees, agents and affiliates, the Court and its staff, and attorneys appearing in this action (“Class” or “Class Members”).

The United States District Court for the Southern District of California (“Court”) has granted preliminary approval to a proposed settlement (“Settlement”) in the case captioned Todd Hall and George Abdelsayed on behalf of themselves and all others similarly situated v. Marriott International, Inc., No. 19-cv-01715 JO-AHG (“Lawsuit”).  Because your rights may be affected by this Settlement, it is important that you carefully read this Class Action Settlement Notice (“Notice”).

On March 30, 2023, the Court certified the Class. A Preliminary Approval Hearing was held on May 15, 2024, in the Court.  In granting preliminary approval of the Settlement, the Court directed this Notice be posted on this webpage.

The Lawsuit alleges that the booking processes on Marriott’s website were unlawful and likely to deceive a reasonable consumer about Marriott’s mandatory resort fees.  Marriott disputed these allegations. The Court has not determined whether Marriott violated any laws, and has not decided in favor of Plaintiffs or Marriott; instead, both sides agreed to settle the Lawsuit with no decision or admission of who is right or wrong.  By agreeing to resolve the Lawsuit, all parties avoid the risk and costs of a trial.  Marriott expressly denies that it did anything wrong or that it violated any law, and further denies any liability whatsoever to Plaintiffs or the Class.

Plaintiffs and Class counsel believe the Settlement is fair and reasonable.  The Court must also review the terms of the Settlement to determine if it is fair and reasonable to the Class.  The Court file has the Settlement documents, which explain the Settlement in greater detail.

If you would like copies of the Settlement documents, you can contact Plaintiffs’ counsel, whose contact information is below, and they will provide you with a copy free of charge.

BURSOR & FISHER, P.A.
L. Timothy Fisher (SBN 191626)
ltfisher@bursor.com
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700 

Under the terms of the Settlement, Marriott has agreed to change its business practices to (1) modify the “calendar view” to be consistent with the total room price display on the Marriott U.S. Website so the cost identified for each calendar day is not less than the lowest available total room price (i.e., the room rate plus any mandatory hotel fees), not the lowest available room rate (the cost of the hotel room absent any mandatory hotel fees, and absent tax or government fees); (2) modify all known instances of a Marriott hotel advertising as free an amenity covered by a resort fee; (3) notify and remind all Marriott hotels charging a resort fee that, under Marriott’s resort fee policy, no amenity offered as free may be included as a resort fee amenity; and (4) instruct Marriott hotels to take such action as may be reasonably necessary to ensure compliance with Marriott’s resort fee policy.

If you are in the Class defined above, you have not released any claims but the Court has determined that your rights may be affected by this Settlement.  The law requires you to take legal action within a certain period of time after you sustain a loss or become aware of any action that might cause harm or damages. The permissible times to file a legal action and take other steps to protect a claimant’s rights vary depending upon all of the circumstances and potential defendants. If you wish to pursue this matter further, due to time sensitive and critical issues you are encouraged to contact another attorney of your choosing without delay and as soon as possible in order to preserve whatever rights you may have. 

You may file with the Court objections to the Settlement by July 3, 2024. The Court will hold a hearing in this case on July 10, 2024 at to consider whether to approve the Settlement.  You may ask to appear at the hearing, either in person or through an attorney of your choosing.  For further information regarding the Settlement and your rights to participate or object, visit https://www.bursor.com/hall-v-marriott-international-inc-important-settlement-information/or write to Marriott Resort Fee Settlement Notice in care of BURSOR & FISHER, P.A., 1990 North California Blvd., Suite 940, Walnut Creek, CA 94596.