Washington,
D.C., February 22, 2007 The Cullen Law Firm,
PLLC, announces that the Federal District Court in
Washington, D.C., Judge Gladys Kessler presiding,
denied Marriott International, Inc.'s attempt to
dismiss a class action lawsuit alleging that Marriott
misrepresents its room rates at its hotels in Moscow,
Russia. The
complaint, filed as Shaw v. Marriott International,
Inc., Civil Action No. 05-1138, alleges that Marriott
violates the District of Columbia Consumer Protection
and Procedures Act, by quoting rates on its internet
website in U.S. Dollars, knowing that the final hotel
bill will be paid in Russian Rubles in amounts that
are higher than those calculated at the official
exchange rate. As alleged in the complaint,
hotel guests end up paying significantly more than
the amount quoted by Marriott when they made their
reservations.
Judge Kessler denied Marriott's motion
to dismiss the complaint, finding that the District
of Columbia has a stronger interest than any other
potential jurisdictions in protecting the interests
of residents of the District of Columbia and in regulating
the business practices of its corporate citizens. The
Court rejected Marriott's argument that
the claims should be litigated in a Russian court
under Russian law because the events occurred in
Russia. The Court found that the witnesses
and evidence necessary to prove Plaintiffs' allegations
are more convenient to the District of Columbia than
to Moscow, stating that the accuracy of information
available on Marriott's website and
the policies relating to the website are more likely
to be formulated at Marriott's headquarters
in D.C. than at the Moscow hotel.
Judge Kessler determined that the Plaintiffs' claims
would be governed by the law of the District of Columbia.
The Court recognized that the Plaintiffs were all
either American citizens or legal residents, and
that Marriott's own representations
to the public establish its headquarters in the District
of Columbia. The complaint points to numerous
public statements made by Marriott that it is headquartered
in the Nation's Capitol. However, it
argued to Judge Kessler that it was really headquartered
in Maryland. Judge Kessler found that these inconsistent
positions further supported the application of District
of Columbia law. Additionally, the allegations of
wrongdoing are brought under a District of Columbia
statute. The Court held that the "District
of Columbia, with its interests in protecting consumers
and promoting fair business practices by corporate
entities headquartered within the city limits, has
the most significant relationship to this case."
The Court also found that the D.C. consumer protection
law can be applied to residents outside the District
of Columbia, citing cases approving the application
of the statute in a class action context where potential
class members claims arose outside of the District
of Columbia. "These findings by the
Court will go a long way in supporting class-wide
relief for all those who have been harmed by the
alleged practices," said Paul D.
Cullen, Sr., counsel for the Plaintiffs in this case. Mr.
Cullen estimates that there have been several hundred
thousand hotel guests victimized by the deceptive
practices alleged in the complaint during the period
covered by the three year statute of limitations.
The complaint seeks statutory damages of $1,500
per violation of the D.C. Consumer Protection Procedures
Act, plus injunctive relief restraining Marriott
from continuing the alleged conduct.
For a copy of the Complaint in PDF format click
here .
For a copy of the Opinion in PDF format click
here .
For further information contact:
Paul D. Cullen, Sr. pdc@cullenlaw.com
The Cullen Law Firm, PLLC
1101 30th Street, N.W., Suite 300
Washington, D.C. 20007
(202) 944-8600
(202) 944-8611 [fax]
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