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A recent Universal Studios class action claims that the amusement parks fail to follow through on their day of free refills with souvenir cups.
Universal offers a special Coca Cola Freestyle Souvenir Cup at their three amusement parks: Universal Studios, Universal’s Island of Adventure, and Universal’s Volcano Bay.
For an additional price, consumers are reportedly able to purchase unlimited beverage refills for a full day at any Coca Cola Freestyle machines in any of the three parks.
The unlimited beverages are reportedly authenticated with a radio frequency identification chip attached to the souvenir cup. This chip acts similarly to a bar code and is scanned by the Coca Cola Freestyle machine whenever consumers attempt to get a refill.
Although the day of free refills seems like a good deal, plaintiff Luis Arnaud claims that the refills are not actually “unlimited.”
The RFID chips on the souvenir cups allegedly track how often consumers get refills and limit soda refills to only one every 10 minutes for a total of only six per hour.
Arnaud allegedly purchased a Coca Cola Freestyle Souvenir Cup in July 2019 for $16.99 and reactivated it the day after purchase for $8.99. Unfortunately, Arnaud was reportedly disappointed when he realized that his refills were not actually unlimited.
“At Volcano Bay, Plaintiff noticed his refills were not unlimited after attempting to quench his thirst and refill his cup again,” the Universal Studios class action claims.
According to the Universal Studios class action, Arnaud and other consumers relied on Universal’s representations that refills would be “unlimited” when choosing to purchase a day of refills. Arnaud argues that he and others would not have been willing to pay as much as they did if they knew that the refills were not “unlimited.”
“Defendant delivered Products with significantly less value than was affirmed by their representations, thereby depriving him of the benefit of his bargain and injuring him in an amount up to the purchase price,” the Universal Studios class action claims.
Arnaud also says that Universal Studios intentionally markets their refill service with deceptive “unlimited” claims in order to capitalize on the growing customer preference for “self-service and unlimited style consumption.” Universal Studios allegedly knew that consumers would be willing to pay more for this service if they deceptively marketed the refills.
In his Universal Studios class action, Arnaud seeks to represent a Class of consumers who made purchases of Coca Cola Freestyle Souvenir Cups with “unlimited” refills.
Arnaud brings claims of breach of express warranties and violations of Florida consumer protection laws. The Universal Studios class action lawsuit seeks compensatory damages, injunctive relief, court costs, and attorneys’ fees.
Were you denied unlimited free refills after purchasing a Coca Cola Freestyle Souvenir Cup? Share your experiences in the comment section below!
Arnaud and the proposed Class are represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.
The Universal Studios Free Refills Class Action Lawsuit is Arnaud v. NBC Universal Media LLC, Case No. 1:19-cv-09594, in the U.S. District Court for the Southern District of New York.
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135 thoughts onUniversal Studios Class Action Says Souvenir Cup Refills Aren’t ‘Unlimited’
THIS IS TRUE!! IM HERE RIGHT NOW AND I PURCHASED THE CUP LAST NIGHT AN HOUR BEFORE THEY WERE GOING TO CLOSE. WE WERE EATING DINNER AT CLETUS CHICKEN AND THE GUY SAID DO YOU WANT A UNLIMITED CUP AND I ASKED WILL I BE ABLE TO USE IT FOR MY STAY AND THE GUY SAID YES. I FILLED UP MY SODA NO PROBLEM BUT AFTER WE WERE DONE EATING I WENT TO FILL IT AGAIN AND THE SODA WAS BAD SO I DUMPED IT OUT AND TRIED TO FILL IT AGAIN BUT THE MACHINE SAID I HAD TO WAIT 10 MORE MIN!! I WENT TO THE WORKER AND HE SAID THE SAME THING SO I TOLD HIM IF HE WAS SERIOUS AND HE TOOK MY CUP AND SCANNED IT AND THEN IT WORKED…. SMH I GOT 2 SODAS OUT OF IT BECAUSE TODAY THINKING I COULD USE IT AND THE WORKER TOLD ME I HAD TO PAY AGAIN WHICH IT BS! IF THEY WOULD OF TOLD ME HEY ITS ONLY GOING TO WORK FOR ANOTHER HOUR THEN I WOULDN’T HAVE BOUGHT IT! SCAM!
Add me please
Very true. Add me.
True….I bought the cup and today at Volcano Bay, I had to activate the cup (pay again) so I could self serve for water. As with soda, I was limited to a water refill once every 10 minutes. Someone please explain to me how limiting the times I can receive a refill is unlimited. These cups are truly no limited. You can have 6 per hour, definitely not unlimited.
Disney does the samething its timed. Truly not unlimited! I bought 4 of these during our trip. Smh
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Yes awhile back.
I just purchased not only the annual pass for a year but, I too was mislead with the cup. I purchased the cup yesterday knowing I was going to be coming back the following day. Upon arriving I went to the kiosk at the entrance to get a tea since I don’t really drink soda.
I was told it would need reactivated for $10, for the day!!!! I don’t drink that much tea or soda in a day…. I simply asked can you fill it with ice water, I was not planning on spending a whole day but an hour or two with my out of town guest… I will be calling the UNIVERSAL guest services in the morning to complain and happily I will return the cup for a refund. If they have integrity at all for being shady on selling these things.
When you purchase the cup, the sign at the location clearly states that it’s for the day & can be reactivated for additional days. Did you not read it? Also, we also don’t drink soda, but you can get tea, water, Powerade, juices, slushees, frozen virgin pina coladas & frozen virgin margaritas. I mean, one of those drinks alone is almost $7. Plus it never expires. I’m using the same cup I got 2 years ago. What more do people want?
Crap like this is what’s wrong with this country is trash like these people wanting something free. It’s $4 a drink you scrubs and I guarantee when they check your chips you got more than 4 drinks and saved money. This is despicable.