Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A federal judge has tossed out a class action lawsuit filed against Ironman race organizers in a fight to get participant registrations refunded.
Named plaintiff Mikaela Ellenwood took legal action in May after a race she registered for was canceled due to the COVID-19 outbreak and she was denied a refund.
Ellenwood, who lives in Denver, signed up and paid about $104 in 2019 for the Rock ’n’ Roll Marathon Series race scheduled to take place in San Francisco in April 2020.
She received an email in March, when the outbreak measures began, notifying her the race was canceled.
Ellenwood argued World Triathlon Corp., the company that hosts Ironman competitions and Rock ’n’ Roll runs, was unjustly enriching itself by refusing refunds and was breaching contracts with competitors under Florida law.
“By failing to provide refunds … Defendants committed unconscionable acts,” she said in her initial complaint.
Florida District Judge Tom Barber disagreed, calling the matter “a very simple case” and pointing to a clause in agreements Ironman and Rock ’n’ Roll race participants sign when registering.
“‘No refunds’ means exactly what it says — no refunds. Florida law is clear that courts are not permitted to ‘rewrite a contract,'” Judge Barber said in his decision to dismiss the class action lawsuit.
He went on to say none of the arguments Ellenwood presents has merit. He pointed to the clear language in the contracts but also refuted other claims.
“There are no allegations of unfair, unconscionable, or deceptive conduct beyond the conduct that is specifically permitted by the parties’ contracts,” he wrote.
Judge Barber determined the “no refund” clause is fair and added the Ironman race organizers offered to keep canceled registrations active for future events.
“If it were deemed unconscionable for the host of an outdoor sporting event to include a ‘no refund’ provision in its contracts, it is unlikely any rational economic actor would ever agree to host an outdoor sporting event due to the many weather-related contingencies that can and do occur,” Judge Barber wrote in dismissing the case.
The class action lawsuit against the Ironman races joins a growing list of legal actions arising from the COVID-19 pandemic.
Nearly 100 class action lawsuits are seeking refunds from businesses hit by the coronavirus outbreak. Plaintiffs across the United States have legally challenged gyms, amusement parks, hotels, airlines and even insurance agencies, among others, in an effort to collect the lost money.
Do you agree with Judge Barber’s decision to dismiss the Ironman race refunds class action lawsuit? Should the competitors have their registration fees refunded? Let us know why or why not in the comments below.
Counsel representing the plaintiffs in the Ironman race class action lawsuit are Nathan C. Zipperian of Shepherd, Finkelman, Miller & Shah LLP; and John F. Edgar and Michael R. Owens of Edgar Law Firm LLC.
The Ironman Race Class Action Lawsuit is Ellenwood, et al. v. World Triathlon Corp., et al., Case No. 8:20-cv-01182, in the U.S. District Court for the Middle District of Florida.
Coronavirus Lawsuits & Legal Issues
Since the COVID pandemic shut down the country, Top Class Actions has been keeping you up to date on the latest Coronavirus lawsuits and legal issues.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
