SeaWorld EZ Pay Class Action Settlement

SeaWorld EZ pay customers have won an $11.5 million settlement in a class action alleging the theme park enrolled participants in an automatic membership renewal scheme without their permission.

Class Members include those who purchased one-year SeaWorld EZ pay passes to any of the parks in California, Florida, Texas or Virginia.

To be eligible, consumers must have resided in the state where they purchased the pass and were charged for extra installments on the pass, despite having paid off the pass in less than a year.

Date restrictions apply, depending on where the SeaWorld pass was purchased, including:

• California: Dec. 3, 2009 to Dec. 3, 2014
• Texas: Dec. 3, 2009 to Dec. 3, 2014
• Florida: Dec. 3, 2008 to Dec. 3, 2014
• Virginia: Dec. 3, 2008 to Dec. 3, 2014

Lead plaintiff Jason Herman accused the theme park of automatically renewing SeaWorld EZ pay passes without permission.

According to the SeaWorld class action lawsuit, the plaintiff paid for two year-long passes and paid them off in full; however, SeaWorld continued to charge his credit card on a monthly basis, even after he had paid off the passes.

Further, SeaWorld continued to assess the charges, alleged Herman, despite repeated requests for them to stop. Additionally, the plaintiff says SeaWorld refused to refund consumers for over payments.

The SeaWorld EZ pay class action lawsuit accused the company of violating the Electronic Funds Transfer Act and breaching contractual obligations with their auto renewal policy.

SeaWorld agreed to settle the class action lawsuit by paying $11.5 million. Under the terms of the settlement agreement, Class Members will be entitled to a share of the settlement fund estimated to be $31.75 per pass.

Additionally, a subclass of consumers who made an EZ Pay pass payment using a debit card after Dec. 13, 2013 will be entitled to an additional amount estimated to be approximately $13.

Class Members do not need to submit a Claim Form to make a claim in the SeaWorld EZ pay class action settlement; however, Class Members who do not wish to continue their membership will need to submit an Option Form. Those who wish to keep their passes active can elect to receive a credit.

The deadline for Class Members to object to or opt out of the SeaWorld EZ pay class action settlement is March 19, 2019.

Who’s Eligible

Class Members include those “who purchased a one-year pass through SeaWorld’s ‘EZpay’ program to one of SeaWorld’s theme parks located in the states of Florida, Texas, Virginia, or California; who were residents of the state where the park is located at the time of purchase; who purchased the pass within the Applicable Statute of Limitations Period for the respective states; who paid for their one-year pass in less than 12 months; and who were charged any additional monthly payments for renewal of the pass after the one-year pass was paid in full.”

The Statute of Limitations periods are as follows:

• Virginia: Dec. 3, 2008 to Dec. 3, 2014
• California: Dec. 3, 2009 to Dec. 3, 2014
• Texas: Dec. 3, 2009 to Dec. 3, 2014
• Florida: Dec. 3, 2008 to Dec. 3, 2014

Potential Award

$31.75 per pass plus an additional $13 for Class Members who purchased passes after Dec. 13, 2013 using a debit card.

Proof of Purchase

Class Member name, address, phone number, and email are required on the Option Form.

Option Form

CLICK HERE FOR THE OPTION FORM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

03/19/2019

Case Name

Herman v. SeaWorld Parks & Entertainment Inc., Case No. 8:14-cv-03028, in the U.S. District Court for the Middle District of Florida

Final Hearing

04/18/2019

UPDATE: The SeaWorld EZ Pay Class Action Settlement was granted final approval on April 29, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On Aug. 20, 2019, Top Class Actions viewers started getting checks from the SeaWorld EZ Pay class action settlement worth as much as $97.47. Congratulations to everyone who filed a claim and got PAID!

Settlement Website

www.EZpayBillingSettlement.com

Claims Administrator

Herman v. SeaWorld, Inc. Settlement Administrator
c/o KCC Class Action Services LLC
P.O. Box 404100
Louisville KY, 40233
866-457-9990

Class Counsel

F & H LAW GROUP PA

KYNES MARKMAN & FELMAN PA

Defense Counsel

POLSINELLI PC