SeaWorld COVID-19 Closure Class Action Lawsuit Dismissed

A federal judge has dismissed a SeaWorld closure class action lawsuit alleging the park should have provided refunds for monthly passes rendered useless when the facility was shut down in the face of COVID-19.

Indeed, according to the Sept. 9, 2020, order issued by a California judge, the plaintiff failed to support her claims; however, she will have an opportunity to amend the complaint but must do so by Sept 23, 2020.

A monthly pass holder lodged the complaint after she says she paid for an annual SeaWorld pass requiring monthly membership fees.

The SeaWorld class action lawsuit alleged that the plaintiff and other pass holders were forced to continue to pay for their memberships, even as the facilities were closed in March and April.

The plaintiff accuses the entertainment company of breach of contract and unjust enrichment for keeping monthly membership fees even as pass holders requested refunds for the months the parks were closed. The class action lawsuit alleged that the plaintiff and other putative Class Members signed up for the monthly passes believing that they would have access to the parks during the months that they paid the fee.

In response, SeaWorld argued the class action lawsuit should be dismissed because the plaintiff failed to point out any statements made by the company asserting that she would have “unlimited” access to the parks for which she paid the monthly fee.

U.S. District Court Judge Cathy Ann Bencivengo agreed with the company, stating: “Here, Plaintiff merely provides vague and general allegations. The complaint does not identify when and where she purchased the annual membership passes, nor does it identify any specific statement that SeaWorld made that she read, viewed, or heard, that led her to a belief that she would have unlimited access to the parks.”

The company also argued in its motion to dismiss that the SeaWorld closure class action lawsuit did not point to any statements made by the park when the plaintiff decided to purchase her pass.

SeaWorld argued that the plaintiff’s claims based on fraud were unsupported because they did not establish that the company had a duty to disclose the fact that they would still charge a fee in the event of a park closure.

Judge Bencivengo agreed with SeaWorld on this point, as well.

“SeaWorld, like the rest of the world, would not have been aware it would need to temporarily close its parks due to an unprecedented global pandemic,” the order notes. “Moreover, such temporary closures were likely required under state or local orders and the decision on how to charge customers or provide other relief would be dependent on the agreements between them.”

Similarly, the judge agreed with SeaWorld regarding the class action lawsuit’s allegations that the park made misrepresentations about so-called unlimited admission to its entertainment parks.

The order points out that, although the class action lawsuit points out a footnote on SeaWorld’s website citing “unlimited admission,” it failed to indicate that the plaintiff relied on this statement when deciding to purchase a monthly pass.

The class action lawsuit’s plea for injunctive relief was also denied by the federal court. According to the order, though the complaint asserted that SeaWorld continues to charge a monthly fee despite continued closures, it fails to describe the details of the membership.

In dismissing the claim for a court injunction stopping SeaWorld from continuing to charge the fee, the judge states in the order, “because Plaintiff fails to allege any facts on when she purchased the pass, when the pass is set to expire, coupled with the fact that the park may have re-opened since the complaint, the threat of actual and imminent harm remains speculative.”

Consumers Continue to Pay Membership Fees Despite COVID-19 Closures

The coronavirus pandemic has upended life across the country with public health closures shuttering many facilities, especially in the early months of the outbreak. Gyms, amusement parks, golf clubs and other facilities were closed; however, consumers say that some of these companies continued to charge the same monthly fee.

Indeed, a second class action lawsuit was filed against SeaWorld by a pair of plaintiffs who claim they were charged fees by the entertainment park company despite widespread closures.

Unfortunately, it appears the effects of COVID-19 closures and other issues related to the pandemic will linger for some time. Top Class Actions is staying on top of coronavirus-related legal issues that affect consumers. Check back often for updates.

Did you pay a monthly membership that you could not use due to the SeaWorld closure this year? Tell us what you think in the comment section below!

The plaintiff and the proposed Class are represented by Ronald A. Marron, Michael T. Houchin and Lilach Halperin of the Law Offices of Ronald A. Marron APLC.

The SeaWorld Closure Class Action Lawsuit is Kouball v. SeaWorld Parks & Entertainment Inc., Case No. 3:20-cv-00870-H-BGS, in the U.S. District Court for the Southern District of California.

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