Outcome: $561,000 in Vouchers for class members for each night of their stay at a resort that charged these fees
Soule v. Hilton Worldwide, Inc., No. 13-CV-00652-ACK-RLP in the United States District Court for the District of Hawai‘i
In a class action case finalized in 2015, plaintiff Kathleen Soule reached a successful settlement with defendant Hilton Worldwide, Inc. Tycko & Zavareei were appointed as class counsel to represent the class. The parties involved in this lawsuit are individuals who booked and paid for hotel stays at certain Hilton properties in Hawai’i during the period of October 17, 2009, through May 1, 2013, using specific prepaid rates without adequate disclosure of resort fees. Plaintiff’s allegations were centered on unfair or deceptive acts in commerce, specifically citing Hawaii’s HRS § 480-2.
The settlements terms include:
- All eligible members of the Settlement Class, defined as United States residents who booked their stay at the Hilton Hawaiian Village, Hilton Waikoloa Village, or Grand Wailea, using a pre-paid rate plan (such as “Any Weekend, Anywhere”), and who did not cancel their booking, are entitled to monetary recovery for their grievances.
- Each Class Member was awarded one $20.00 USD credit voucher or gift card for every night of their covered stay. These credit vouchers are non-transferrable but are usable at most Hilton properties within the United States, discounting Hilton Grand Vacation venues.
- These vouchers or gift cards could be utilized as cash towards charges for rooms, restaurants, or shops situated within the Hilton property, barring any independently operated establishments located within the property.
The resolution of this class action serves as an assurance that consumer rights, specifically regarding transparent disclosure of fees, are upheld. Judge Alan C. Kay noted about the settlement, “The $561,000 Settlement is substantial and will allow the class to recover 100% of their potential damages…[t]he 31% share of the Settlement requested for attorneys’ fees, costs, and expenses is reasonable given the complexity of the case and the performance of Plaintiff’s attorneys.” The settlement underscores the importance of hotels and similar establishments clearly and openly communicating any additional charges that customers may incur during their stay.