• Beware of trips or tours which are offered by unknown travel groups with little or no history or references
  • If you or your child has been scammed by a tour company, consult an attorney for advice on whether to join in a class action suit or seek other remedies
  • "Class actions" are limited to those persons for whom a massive, common remedy is appropriate
 


History was in the making. All over the US, schools were abuzz with the upcoming inauguration of the first African-American president in US history. Some teachers set aside time and made arrangements to watch it on the Internet or television, so that the students wouldn't miss the moment. But for several thousand students, who were in Washington, D.C. in person, what they believed to be a dream come true turned out to be a great disappointment.

Use Well Established Groups for Travel Tours

Much fanfare preceded the Obama inauguration. Thousands of Americans flocked to the US capital in hopes of witnessing the historic swearing-in of the nation's first African-American president. One tour group, Envision EMI, sold tour tickets to more than 15,000 students from middle school through college. The tickets sold for over $2,000 each, not including travel costs.

Lawyers who filed a federal class action suit for the students claim that the tour group's promise of special access to the inauguration, parade and inaugural ball were all false. The students weren't taken close to the inauguration ceremony. Some could only view the ceremony from the inside of a bus, and others were dropped off to fend for themselves. Also, the balls they were taken to weren't connected to the inauguration.

To avoid disappointment, be sure to do research on a tour company before you commit any money, even a down payment. There may be "fine print" which subjects you to cancellation penalties, non-refundable deposits or other obligations. One warning sign is if the tour group operates from a post office box or has no listing of prior tours or of long-time experience. Check for on-line consumer comments or ratings for additional information, but be aware that such comments might not be verifiable as legitimate.

Legal Recourse for Tour "Scams"

Class action lawsuits are most often filed by attorneys who specialize in that type of lawsuit. They are complex and subject to special rules and procedures. If you or your family member was a victim of a scam such as the inauguration trip scam, you can determine online whether there has already been a class action suit filed. You can then contact the attorneys who filed the suit to see if you meet the requirements for joining the class action suit, as a member of the class.

If you are unable to find this information on your own, seek the assistance of an attorney who can use additional research tools and networks to determine whether a class action suit has been filed or will be filed. In some instances, the attorney could provide you with contact information for an attorney specializing in class actions to see if your claim would be appropriate for a class action.

Strict Class Action Requirements

To file a class action, an attorney must define a "class" of persons who are in a similar situation, who have suffered damages, and for whom compensation will serve the public interests. The class must first be "certified" by the trial judge, so that a determination can be made as to persons who later request to join the class. There isn't a minimum number of plaintiffs for a class action. Part of the certification process is the court's decision on whether the class action would be feasible and save time and resources. The class action case may be filed in state or federal court, depending on the state of residence of the parties.

If several cases are filed in federal courts around the country, the cases may be consolidated into multi-district litigation, and the plaintiffs can benefit from the additional information provided by the defendant in cases from other locales. Presenting a united front can be beneficial to all parties. Economies of scale can be realized and costs can be shared between plaintiffs.

Questions for Your Attorney

  • If I've got a consumer claim related to a travel/tour purchase for my student, what is the school's role in matter? If a school selects or chooses a tour company or trip, does it accept any responsibility if there are consumer claims later on?
  • If I have a possible consumer claim that's the subject of a class action, are my legal rights affected if I've sought any sort of solution on my own, such as contesting a charge on the credit card I used to pay for a tour package, or making a claim under a trip insurance policy?
  • What happens when a consumer matter is resolved via a class action lawsuit, and an affected consumer was never aware of the case, say in a lawsuit over a defective product or a service-related issue? Can those consumers still pursue their legal claims?