Six Flags Membership Fees Charged Despite COVID-19 Closures, Says Lawsuit

A recently proposed class action lawsuit alleges that Six Flags amusement park deceptively charged hundreds of thousands of parkgoers monthly membership and season pass fees, despite the parks being closed as a result of COVID-19.

The lawsuit was filed by plaintiff Ryan Strassburger on Oct. 8, 2020, in the Circuit Court of Cook County Illinois, County Department, Chancery Division. Strassburger, who claimed he attended the Gurnee Illinois Six Flags park location, raised numerous claims against the theme park, including fraud, breach of contract, breach of express warranty, unjust enrichment, and negligent misrepresentation in connection with its practice of collecting Six Flags membership and season pass fees while parks were closed.  

Strassburger also claims that Six Flags violated the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Uniform Deceptive Trade Practices Act.

What Did the Six Flags Membership Lawsuit Say?

As a result of the COVID-19 pandemic, Six Flags announced at the end of March that parks would be closed until mid-May to prevent the spread of coronavirus. As indicated by Strassburger in the complaint, many of the parks continue to remain closed nationwide. 

Regardless of membership and season pass holders being denied park access, Strassburger claims that Six Flags continued to charge his and other customers’ credit cards monthly fees for membership at a park they could not visit, calling it “an unconscionable decision.” 

The complaint alleges that the theme park charged his credit card for his Gold Plus membership monthly payments between March 2020 and July 2020, refusing to reimburse him for the collected payments.

According to the complaint, monthly Six Flags membership fees can range from $7.85 to $42 monthly, depending on the type of membership and the incentives. 

“Defendants are able to unilaterally charge their customers monthly fees without their consent, as they are in possession of their customers’ debit and credit card information. Thus, Defendants have made the deliberate decision to bilk their customers on a monthly basis as the country is effectively shut down,” Strassberger argued.

Strassberger further contended that he wouldn’t have paid the membership, or wouldn’t have paid it under the same terms that he did, had he known he wouldn’t be able to go to the parks. He said, “The sole reason Defendants’ customers pay monthly membership fees is to have access to Defendants’ parks, which for some parks is advertised as being available every day of the year.”

What Is a Six Flags Membership?

Six Flags Amusement Park offers parkgoers the option of purchasing a membership or a season pass that can provide an unlimited limited number of park visits at a discounted rate. Many people who visit amusement parks frequently believe it might be advantageous to purchase such passes to save money on park fees. 

The theme park operator advertises on its website that “A Six Flags Membership is an unlimited use ticket that includes all of the benefits of a Season Pass but offers additional flexibility and a low monthly cost. Unlike Season Passes, Memberships never expire and can be cancelled any time after the first 12 months.”   

Unfortunately, if the theme parks are closed due to the pandemic, the membership and passes provide no benefit to the consumer.

What Can I Do If I Can’t Get a Refund for My Theme Park Membership?

According to NPR, the first Six Flags location to reopen following the COVID-19 closures planned to do so on June 5, 2020. 

Many other Six Flags locations remained closed throughout the summer. Some are opening in a limited capacity during the holiday season with safety protocols in place, including Six Flags Great America, the Gurnee, Illinois location. 

The widespread closures may mean that thousands of people may have memberships or passes that they have been unable to use — and are still paying for.

Several proposed class action lawsuits have been commenced, raising claims that a theme park refused to reimburse membership fees amid the coronavirus closures. A previous lawsuit against Six Flags was filed in a California federal court in April 2020 with similar allegations. Lawsuits have also been filed against SeaWorld, Legoland, and Cedar Fair.

If you regularly attended a theme park that is closed for the foreseeable future and you purchased a membership or season pass, you may be entitled to receive a refund. If the park refuses to provide you with a refund, you may be able to take legal action by joining a class action lawsuit to recover your damages. An experienced class action attorney can advise you of your legal rights and remedies. 

The Six Flags Membership Lawsuit is Strassburger, et al v. Six Flags Theme Parks Inc., et al., Case No. 2020CH06208, in the Circuit Court of Cook County, Illinois.