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UPDATE: On Dec. 11, 2020, Disney asked a Florida federal court to dismiss a class action lawsuit filed by annual ticket holders who seek a refund due to COVID-19 closures.
A group of Disney annual pass holders have filed a class action lawsuit against Disney Destinations LLC, saying that they were wrongly charged for months during which the company’s theme parks were closed.
The Disney closure fee class action lawsuit was filed by annual pass holders Ramon Santiago, Melissa Marlene Sanabira Rodriguez, Matthew Paul Schweri, Duria R. Rodriguez Schweri, and Leonard Leon. These five Florida residents say that, though they had not been charged for the months during which the park was closed due to COVID-19, they were shocked to find that they had been retroactively charged for the previous months when the parks reopened.
The pass holders have taken to the courts to protest this practice, saying that they and many other Disney fans were financially injured by it. They call this practice a violation of the Electronic Funds Transfer Act and a breach of contract with pass holders. They seek damages on behalf of themselves and all similarly affected consumers.
The pass holders provide background to their Disney pass class action lawsuit, explaining that Disney Destinations LLC operates theme parks all around the world, including in Florida. The company gives its customers the option to purchase annual passes, and allows them to pay for these passes via credit card, debit card, or bank account information, explain the consumers.
Allegedly, Disney represented to consumers that this pass would give them “broad and guaranteed access” to Disney parks, imposing only specified restrictions on the freedoms of the pass, like pre-disclosed blackout dates.
The pass holders also note that consumers can either pay annually for this pass, or can pay in monthly installments. If a pass holder chooses to pay in monthly installments, Disney then takes out a monthly installment from the consumer’s card or bank account every month. Consumers authorize Disney to perform this transaction, state the pass holders. They then go on to stress that this authorization does not allow Disney to withdraw money beyond the amount laid out in the agreement between Disney and the customers.
The Disney theme park COVID-19 closures class action lawsuit recounts that, in April 2020, Disney closed its parks in an effort to help slow the spread of the coronavirus pandemic. Because of this closure, the company reportedly suspended monthly auto-payments taken from annual pass holders paying in monthly installments.
The pass holders say that these payments were purportedly suspended until the parks were able to reopen.
They note that the company determined that the parks could reopen in July 2020, and at this point, resumed charging auto payments.
According to the pass holders, they and many other customers were shocked to discover that the company did not just charge them for the month of July, but instead charged them for the months during which the park was closed.
They argue that this charge represents a violation of the Electronic Funds Transfer Act because the company’s choice to charge an amount that “far exceeded any authority given” to the company. Because the charge was unauthorized, the customers say this also represented a breach of contract between Disney and pass holders.
The pass holders state that they and others were financially injured by this practice, because they were charged money for a service that they could not access due to the COVID-19 closures.
The Disney park closures class action lawsuit goes on to say that Disney has further violated its contract in offering a limited number or services going forward, now that the parks are open again. They explain that many pass holders bought their annual passes on the understanding that they would have broad and unrestricted access to the parks. However, this type of access is no longer given, because Disney is now imposing a range of restrictions that were not previously disclosed. For instance, they note that pass holders now have to make reservations.
In the eyes of the customers, this decreases the value of the pass, and had they known that such restrictions would be imposed, they might not have agreed to purchase the pass or pay as much for it. In addition to this legal news, CNN reports on the change to the Disney experience brought on by COVID-19.
Have you been charged for a service that was canceled as a result of COVID-19 closures? Share your experiences in the comments below.
The Disney annual pass holders are represented by Katherine Erle Yanes and Gus M. Centrone of Kynes, Markman, & Felman PA; Brian L. Schrader of Shrader Law PLLC; and by Christine D. Arkovich of Christine D. Arkovich PA.
The Disney Park Closure Annual Charges Class Action Lawsuit is Leonard Leon, et al. v. Disney Destinations LLC, Case No. 6:20-cv01227, in the U.S. District Court for the Middle District of Florida, Orlando Division.
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33 thoughts onDisney Class Action Lawsuit Says Pass Holders Charged For Months Closed Due To COVID-19
Add me….I’m in the Disney Vacation Club and couldn’t go to Disneyworld because of the Covid and they only allow you to bank our points for one year….When we finally did get there, there were no perks, we had to wear masks, the rides were breaking down and unavailable. All of the perks like, magical shuttle from the airport, the food plan and many other things were unavailable. Not only that, my husband almost died in Epcot because they wouldn’t give him an eppy shot.
I noticed in the information above, there was no mention of people who paid outright for their passes and are not on monthly withdrawals/payments. We aren’t getting our refunds either!!
My family and I purchased 5 annual passes 3/3/20 to the Disney waterparks. We paid for our passes fully at the time of purchase. 4 members of my family were able to attend Blizzard Beach on March 4, 2020. Then, about a week later, the parks closed due to COVID.
As everyone else, we waited to see what was going to happen with the closures. In October, when there were no dates yet released for the reopening of the water parks, we contacted Disney and asked if waterpark passes were going to be refunded. We were told we would be getting communication from Disney regarding this, but we never did. On November 14, 2020, we called and requested a refund. We were told it would be about 6-8 weeks until we would get our refund. We waiting until January 2021 for the refund, but it never came.
In January 2021, I started calling monthly to inquire about the status of our refund and was told is was ‘processing.’ I continued to call monthly with the same response each month. In March 2021, I was told refunds were being pulled in ‘batches’ and being processed that way. Our refund was pulled in a ‘batch’ and I should expect to see our refund in the next couple of weeks.
I called again today (April 23rd) and was told that it was ‘processing’ again. I asked to speak with a supervisor, where they told me the they didn’t have any information on when I would be getting my refund. When I brought up what I was told in March, I was told that they are not allowed to give us a time frame of when our refund would come.
So, Disney has now had my money for over 13 months. Their park was only open for 13 days after I bought my pass. They left us hanging for months and opened regular parks before the waterparks. Even though waterparks finally open a little over a month ago, only one of the waterparks is open. It is not fair that they took my money, won’t give it back, and are probably earning interest on it as we speak. Who is going to stand up for us???
I am a Biltmore Estate Passholder and feel I was not fairly treated in their annual passholder program as well. That I didn’t get full benefit or use of my annual pass this making it valued at far less. They should have offered a partial refund or at least extended our pass for at least 6 or more months to make it right.
I feel this annual pass lawsuit probably affects multiple parks
I would like to be added as well. I already posted my story, but am unable to add my name to the list.
I purchased 5 Gold annual passes for my family in the beginning of the year. Due to the pandemic and current visiting restrictions, we applied for a refund on July 4th 2020. The cast member I spoke with on this date advised my passes would cancelled and a refund would be submitted. I requested a confirmation email, but was advised they would not be able to send what at this time. On or around the 12th of July, our passes were still showing active, so i made another call to Disney. The first Cast Member was unable to locate our personal information including our season pass information. I requested to speak with someone who may have the information, so I was connected to another Cast Member. He seemed to be more knowledgeable of the situation. While speaking to him, he advised my passes have been canceled and a refund would be sent out sometime in September. Also, the passes would reflect the deactivation on August the 12th. I requested a confirmation email, but advised one could not be sent out at the time, but a reference number was provided. Around the 12th of august, our season passes were still active, so I contacted Disney again. I provided the reference number I was previously provided, but the cast member did not acknowledge the previous conversation, advising passes could not be cancelled for refund until after July 11th. My wife’s Gold pass was not pro rated with additional days due to the pandemic closure months. I was advised, she must have gone earlier in the year than the remainder of the family, when this isn’t accurate. I was provided another reference number, and advised my passes would be now submitted for cancellation, and a refund will be submitted some time in September. I requested a confirmation Email again, yet advised one could not be provided at this time. I made another call sometime at the end of August, due to receiving season pass magnets in the mail, and our passes still being active. I was advised again by a cast member, our passes would be submitted for cancellation, and a refund would be submitted in September. If I do not receive a refund by October 1st, I would need to call back. Each phone call included hours of wait time, and being transferred multiple times. None of the cast members were able to provide me with accurate information, nor could they confirm cancelling our season passes.
Before activating our Gold Season passes in January, all passes were paid in full. Each visit to the parks were as a family, not at any time has anyone entered any park without the remainder of the family.
Paul Hinson- Could you update this comment? Have you seen a refund?
I totally agree , paid for 6 Platinum Plus AP’s , bought them because we live within 5 min and they offered “no blackout dates”. By restricting our access I now have a what equates to a lower level pass and a refund should be given. Their pass extension is useless , when we still don’t have the same access as hotel guests or day tickets holders. They’ve essentially given them higher priority but still take our money every month.
Add me
ADD ME
add me
Please add me.