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 new class action lawsuit accuses SeaWorld Parks & Entertainment of failing to provide refunds on park passes after its parks were shut down due to coronavirus.
Janet Gurwell and Brad Sylvia, both of Suffolk, Va., filed the class action lawsuit after the sea life park failed to refund the cost of the monthly passes each had purchased.
Gurwell holds a monthly membership to Busch Gardens in Williamsburg, Va., and Tampa, Florida, both of which are owned by SeaWorld Parks & Entertainment, according to the SeaWorld class action lawsuit.
Gurwell says she pays about $20 per month to be able to access the parks whenever she wants. Similarly, Sylvia pays about $15 per month for his monthly parks membership, the SeaWorld class action lawsuit says.
The parks have been closed since March 16, shortly after Virginia Gov. Ralph Northam and President Donald Trump declared states of emergency due to the COVID-19 pandemic. No patrons have been allowed to enter the parks since they closed. Only recently has the sea life park company started to reopen the parks, according to the SeaWorld website.
Because the parks have been closed, Gurwell and Sylvia have been prevented from accessing the parks. However, the plaintiffs say, the company continues to charge their accounts with the full monthly membership amount.
The SeaWorld class action lawsuit claims that the defendant has not refunded any of the fees the plaintiffs have paid while the parks have been closed. Gurwell allegedly contacted the defendant for a refund but never received one.
Both plaintiffs signed up for the SeaWorld Parks & Entertainment’s month-to-month membership plan believing they’d be able to access the parks on the dates provided by the defendant as indicated with the membership package, the SeaWorld class action lawsuit states.
Gurwell and Sylvia say that, had they known they wouldn’t have access to the parks, they wouldn’t have paid for the memberships or wouldn’t have paid for it on the same terms. The plaintiffs say they continue to be harmed by incurring monthly charges while the parks remain closed.
The annual memberships in question entitle members to use the parks whenever they want. But since the parks have been shut down, no member has been able to use the services they are paying for, even though the defendant is continuing to charge thousands of members monthly fees, the SeaWorld class action lawsuit says.
The defendant has become unjustly enriched and “has willfully, falsely, and knowingly misrepresented that its Parks are accessible during certain days of the year,” the SeaWorld class action lawsuit says.
“However, Defendant in fact charges full price for annual memberships even when the Parks are closed to the public. These misrepresentations and omissions were made with knowledge of their falsehood.”
This is not the first class action lawsuit to be filed against SeaWorld Parks & Entertainment in relation to the company’s memberships.
In a similar case, plaintiff Lisa Kouball claims she pays almost $50 a month for four annual passes to SeaWorld.
After it was announced that SeaWorld would be closing, Kouball says she expected she wouldn’t have to pay for the memberships during the closure. However, she says she was charged the full monthly price of her memberships.
Kouball says she and other parks members are not getting the benefits of their annual passes due to the park closures, and therefore shouldn’t be forced to keep paying membership fees, her class action lawsuit argues.
Gurwell and Sylvia are pursuing a class action because they believe members of the proposed Class “number in the millions,” the complaint explains.
The plaintiffs say “the expense and burden of individual litigation would make it impracticable or impossible for Class members to prosecute their claims individually.”
In their SeaWorld class action lawsuit, the plaintiffs ask for an order stopping SeaWorld Parks & Entertainment’s “unfair, deceptive, misleading, and fraudulent practices;” actual damages in an amount to be determined at a jury trial, as well as pre- and post-judgment interest at the maximum rate allowable by law; restitution or disgorgement in an amount to be determined at trial; treble and punitive damages; attorneys’ fees and costs; and any further relief deemed appropriate by the Court.
Read more about coronavirus lawsuits and legal issues in Top Class Actions’ complete guide.
Are you paying for a membership you are unable to use because of coronavirus business closures? We want to hear from you. Tell us your story in the comments.
Gurwell and Sylvia are represented by Jodie E. Buchman Esq. and Pierce C. Murphy Esq. of Silverman Thompson Slutkin White and Ryan J. Clarkson, Matthew T. Theriault, Bahar Sodaify and Zach Chrzan of Clarkson Law Firm PC.
The SeaWorld Parks Membership Class Action Lawsuit is Case is Janet Gurwell, et al. v. SeaWorld Parks & Entertainment Inc., Case 2:20-cv-00312, in U.S. District Court for the Eastern District of Virginia.
Join a Free Coronavirus Failure to Refund Class Action Lawsuit Investigation
If you are still being charged for a flight, event or service even though it was canceled due to the 2019 Novel Coronavirus public health emergency, you may be entitled to compensation.
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.
29 thoughts onSeaWorld Class Action Seeks COVID-19 Refunds
We want a refund ! Extremely frustrating we are still being charged 50 a month !!!!
I went to SeaWorld San Diego on 10/30 to go to the trick or treat event with my child. I talked to Guest Sevices about what is happening with my pass and I was told that once the park is able to fully reopen that my pass would go from a Gold to a Platinum membership and that it would be extended for as long as the parks had been closed.
I called and talked to a representative on 11/4 to figure out why I am still being charged for the Monthly payment.
On the app it says, “ We are pleased to announce that your Annual Pass expiration date will be extended for one year from when it expired or when it will expire. Your monthly payments will be automatically waived once your initial twelve month commitment has been met. For example, if you complete your initial 12-month commitment on September 1, 2020 your new expiration date will be September 1, 2021”
I have made the initial twelve month commitment as of August 2020, but I am still being charged every month. I would like my EZ Pay Monthly Payments to stop being charged to my account as it has been stated that the monthly payments should’ve been automatically waived once the initial twelve month commitment had been met. I would also like charges made after the twelve month commitment to be refunded. My pass doesn’t show it’s being extended for one year either. It shows the expiration date on a month to month basis.
When I called to follow up after I had been charged yet again for a monthly payment even though I’ve fulfilled the annual pass payment I was told I can only get two months refunded and when I asked to speak to a supervisor I was put on hold for an hour. And they said when they can fully open I would get however many months the park was closed plus two months. So basically they went back on what they promised in previous emails and what was posted on their website and app and are saying you get no money back, and credited time to a pass I’ve more than paid for. So does the time add on to them being closed again? It currently shows the pass is expired. Will we even get any notice when we are supposedly getting passes upgraded to Platinum as they last offered. I don’t know how I still get emails about the deals they have for annual passes if they aren’t even open. They are giving new members better deals than long standing annual pass holders and literally stealing money by changing their policies at their will.
I just cancel my 2 passes, about 1 month ago, Seaworld it’s been charging for 8 months already, Im still waiting for my refund, they don’t answers the phones, need to know if there’s a lawsuit about all this we need to do something about it, it is unfair :(
I payed 47 dollar for 7 months in which we couldn’t go to the park because it was closed due to covid. My pass expired end on Sep. Well today I checked my statement and I started getting charged again. I called and basically I was told I was singed up for ezpay. And it automatically renews on a monthly basis. Until I call to cancel. Which I did. I asked for a refund for this month since I wasn’t under contract and Sea World was still closed. They flat out told me it could be done. This is so unfair.
I have 3 passes I’ve been paying for Tampa BG and Orlando Sea World and both water parks. I have called several times and cannot afford to spend 45 minutes on the phone waiting for no one to answer. Emails received and not answering my questions on mask mandates and no end in site. I called to cancel and they said they can’t do that since I signed a contract but my contract didn’t include a mask mandate to enter and said I still needed to pay the last few months of my pass even though I can’t use it. I want to add my name to a class action lawsuit so I can recoup some of my money as a single mom since I’m blowing money away for something we can’t use.
I have been paying $56 per month for seasons passes, how do I join the lawsuit?
I have been paying monthly for Busch Garden/Water Country annual pass monthly. I reached out to BSGW them to ask them about what kind of repayment or benefit I would get since I was not able to use the pass all year, they told me once the park reopens I would be credited for the months not used and if I cancel the pass, I will lose that benefit. I have paid for a product that I cannot use, I know they are claiming it was not their fault, well it was not my fault either for a mandated state at home order.
I am trying to find an open lawsuit against them to add my name to the list.
I have 4 passes to Seaworld called to get a refund since they were just recently shut down and was told they would refund but never received my refund. This was very expensive and was suppose to be a treat for my kids since we have been working so much and we were going to have a fun family experience instead this has been a nightmare!
I have 5 season passes with seaworld. I’ve tried calling them leaving messages on social media and answering services. To date I’ve paid almost $600 and I’m not going to sign up again so in this unclear situation is that I’m most likely out the money I paid. I couldn’t cancel my subscription or the auto pay or I would still be out the money I paid. It’s a impossible situation.
We are a family of three who have held Bush Gardens memberships for years. We too have experienced auto pay monthly charges being applied to our credit card since the closure. My husband and I have attempted to reach a human in customer service for months, he waited at least 3 hrs. In the past week before giving up. Today I finally spoke with a person and was told that we were eligible to have our money credited back but not till the park reopens and is fully operational. I asked if I could get this agreement in writing and I was told “no”. I then asked if I was to just have to take them at their word that we would receive a credit back equal to fees collected during closure and she said “yes”. This is just not right.
I have a similar situation with Sea World San Antonio and they have refused to refund me. I am out over $700 in down payments and monthly fees for our family of 6. Please advise me of how to join this suit. I can provide proof of payment and correspondence. I am VERY disappointed with this company!!