Key Insight: This is a putative consumer class action alleging that defendant engaged in false and deceptive advertising in the way it represents the prices for its hotel rooms, services, and amenities. The court granted plaintiff’s motion to compel, finding that the revenue data sought by plaintiffs was relevant to damages—in how damages will be ascertained and how a damages model will be provided. Additionally, discovery regarding the fees charged (including: destination, amenity, resort, destination amenity fee, wi-fi, parking, and other fees) were relevant to understand the nature of the fees and the relationship to defendant’s revenues and determine the scope of the case for settlement discussions. The court also ordered defendant to obtain the requested revenue data from franchised hotels if it has a right to access the financial data through an audit or other contractual provision with the franchisee. Policies and procedures and consumer complaints relating to the charging of fees were also ordered to be produced.
Nature of Case: Consumer Class Action
Electronic Data Involved: Financial Data