Disney beats park pass class action lawsuit over COVID closures

Disney park pass class action lawsuit overview: 

• Who: A federal judge in Florida threw out a class action lawsuit filed against Walt Disney Parks and Resorts by a pair of consumers. 
• Why: The consumers argued Disney deprived its Platinum Pass holders from being able to fully use their passes due to restrictions put in place during the COVID-19 pandemic. The judge determined the consumers could have canceled their passes and received a refund. 
• Where: The Disney pass class action lawsuit was in Florida federal court. 

A federal judge in Florida threw out a class action lawsuit filed against Walt Disney Parks and Resorts over claims the company cheated consumers who held expensive park passes during  the COVID-19 pandemic. 

A pair of consumers claimed blockout dates for Disney World parks allegedly put in place by Disney during the pandemic deprived Platinum Pass holders — the highest tier annual pass —  from being able to use them as expected. 

The judge determined, however, that the two consumers behind the Disney pass class action lawsuit could have canceled their park passes and received a refund, but actively chose not to. 

“Both Plaintiffs chose to keep their passes and renewed them later in 2020,” the judge wrote in an order filed earlier this month. 

Disney did not impose ‘blockout dates,’ as alleged, judge rules

The judge determined Disney had also not imposed “blockout dates” as alleged by the Disney park pass holders and that terms and conditions of its annual contracts allowed the reservation system it implemented to restrict capacity during the pandemic. 

“When Disney World reopened and the reservation system was implemented, there were no days on which Platinum Pass holders were categorically excluded from using their passes to enter the parks,” the judge wrote. 

A group of annual pass holders filed a similar class action lawsuit against Disney Destinations LLC in July 2020 over claims they were wrongly charged for months while Disney’s theme parks were shuttered during the COVID-19 pandemic. 

Was your Disney World Platinum Pass affected by restrictions put in place during the COVID-19 pandemic? Let us know in the comments.

The plaintiffs are represented by William B. Federman and Kennedy M. Brian of Federman & Sherwood and Gary S. Menzer of Menzer & Hill PA.

The Disney park pass class action lawsuit is Kelly, et al. v. Walt Disney Parks and Resorts US Inc., Case No. 6:22-cv-09191, in the U.S. District Court for the Middle District of Florida.

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