Anne Bucher  |  July 6, 2018

Category: Consumer News

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SeaWorld Parks & Entertainment Inc. has agreed to pay $11.5 million to settle a class action lawsuit over allegations it automatically renewed year-long passes without consumers’ consent.

Plaintiff Jason Herman alleges he purchased two one-year “EZ Pay” passes to SeaWorld in Orlando and Busch Gardens in Florida in February 2013.

According to the SeaWorld class action lawsuit, the contract for the yearly passes stated that they would only automatically renew if they were not paid for in full in less than a year.

Herman says he paid for his passes in full in less than 12 months but SeaWorld automatically charged him for a renewal. He says SeaWorld lacked the contractual right to renew the contract and that it was not authorized to charge his credit card after Feb. 18, 2014.

When he contacted SeaWorld about these allegedly unauthorized charges, the company refused to refund the extra money he paid, the SeaWorld class action lawsuit says.

Herman alleges SeaWorld breached its EZ Pay contract and violated the Electronic Funds Transfer Act by automatically renewing certain annual passes.

SeaWorld denies any wrongdoing but agreed to settle the EZ Pay class action lawsuit to avoid the uncertainty and expense of trial.

A Florida federal judge granted Class certification to the SeaWorld class action lawsuit in March 2017.

Class Members of the SeaWorld EZ Pay settlement include consumers who purchased a one-year EZ Pay pass to one of SeaWorld’s theme parks located in California, Florida, Texas or Virginia; who, at the time of purchase, were residents of the state in which the park is located; who purchased the pass within the applicable statute of limitations period for the state; who paid for the one-year pass in less than 12 months; and who were charged for additional monthly payments after the one-year pass was paid for in full.

The applicable statutes of limitations are as follows:

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

 

The EFTA Subclass includes all Class Members who used a debit card to pay for their EZ Pay contract and who were charged an additional monthly payments for pass renewal after Dec. 13, 2013.

Class Members will be entitled to a pro rata share of the settlement fund, based on the number of passes purchased. According to court documents, Class Members will not need to submit a Claim Form to receive compensation from the SeaWorld EZ Pay settlement.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Herman is represented by Katherine Earle Yanes of Kynes Markman & Felman PA; and by Paul R. Fowkes and Ryan C. Hasanbasic of F&H Law Group PA.

The SeaWorld EZ Pay Auto-Renewal Class Action Lawsuit is Herman v. SeaWorld Parks & Entertainment Inc., Case No. 8:14-cv-03028, in the U.S. District Court for the Middle District of Florida.

UPDATE: March 2019, the SeaWorld EZ pay class action settlement is now open. Click here to file a claim. 

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!

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

43 thoughts onSeaWorld Reaches $11.5M EZ Pay Class Action Settlement

  1. Stephanie I says:

    This is STILL happening.

  2. Jimmy F Resendez Jr says:

    I was attempting to retrieve the tax form for my income taxes.

  3. AP says:

    I got mine! what a pleasant surprise!

  4. maryann says:

    got mine

  5. Monica says:

    Has anyone received a payment yet?

    1. STACY JACKSON says:

      I just got mine today

    2. Jenn says:

      I did but they only paid me for 2 we had 4 ez member on my card. Wonder if I can call

  6. Olivia magallon says:

    Add me

  7. Katrina Rayborn says:

    Add me

  8. sasi says:

    Happened to me this year. charged extra 3 months

  9. David Allen Drew says:

    Happened to my family too

  10. Karen Delano says:

    This happened to me as well. I can provide bank statements if needed. Please add me. Thank you.

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