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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’
Please add me in. Buy those cups all the time.
Why would you buy them ‘ALL the time’ if you felt that you were ripped off the first time?
A lawyer would ask you the same question.
Add me
Add me season pass go all the time
add me
I purchased their unlimited refillable cup two days in a row. No one told me I could have saved half the money if I had brought back the first cup on the 2nd day. I would have refilled more often but I couldn’t find that many places to refill. Was a waste of money!
We have annual passes and purchased two refillable cups. And, yes, we were disappointed to find out that you had to wait in between refills.
The cups we purchased only allowed us 1 drink every 10-15 min. We had to wait even though it stated unlimited refills.
My family went to Universal at the end of August and we purchased the cups. We also soon found out that there is a limit to how many drinks you can get with them. Thirsty teenagers can inhale soda and when we went for refills we were so shocked to find out that we had to wait to get them refilled. That is not what we paid for. If we had known this we would have taken our own drinks in. We thought we were saving money. More like they are making more money on families that are already paying hundreds of dollars to just get into the park. We were extremely upset and disappointed.
We purchased 2 cups at Universal Studios. We were unable to immediately refill a finished cup.
Happened to us 3 years ago there. Had to wait to refill