Busch Gardens class action lawsuit overview:
- Who: A Maryland man is suing SeaWorld Parks & Entertainment LLC, doing business as Busch Gardens Williamsburg.
- Why: The plaintiff alleges Busch Gardens sends spam promotional emails to Maryland residents.
- Where: The Busch Gardens class action lawsuit was filed in Maryland state court.
A new class action lawsuit alleges Busch Gardens sends false and misleading marketing and commercial emails to Maryland residents.
Maryland resident DeAndre’ Jackson filed the class action lawsuit against SeaWorld Parks & Entertainment, doing business as Busch Gardens Williamsburg, on July 15 in Maryland state court, alleging violations of state consumer protection laws.
Jackson argues in the complaint that “the ubiquity of false, misleading and deceptive email marketing is well documented — and personally experienced by virtually anyone with an email account.”
To address misleading and predatory email practices, the Maryland legislature enacted the Maryland Commercial Electronic Mail Act, which forbids sending an email that “contains false or misleading information in the subject line that has the capacity, tendency or effect of deceiving the recipient,” Jackson says.
Jackson alleges Busch Gardens routinely offers discounts on tickets to its Williamsburg theme park to drive sales and profits.
Promotional emails allegedly contained deceptive subject lines
The class action lawsuit alleges the company widely advertised purported discounts to Maryland consumers, including through promotional emails with subject lines highlighting the offers.
Jackson claims Busch Gardens frequently sends promotional emails with subject lines emphasizing the supposed limited duration of its sales with attention-grabbing labels like “ENDS TONIGHT,” “LAST CHANCE!” and “FINAL HOURS.”
This strategy creates a sense of urgency to take immediate action, notwithstanding that the offer lasts longer than advertised, he alleges.
Jackson wants to represent all Maryland residents to whom Busch Gardens sent, or directed to be sent, email messages containing a subject line that stated a promotion (or sale) would conclude at a specified time where the promotion (or sale) did not conclude at that time, within the time period of three years prior to the filing of the complaint until the date on which the class is certified.
He is suing for violations of Maryland’s Commercial Electronic Mail Act and is seeking certification of the Busch Gardens class action, damages of $500 per email, fees, costs and a jury trial.
In a related case, a Washington resident is suing SeaWorld for sending emails with false or misleading information in the subject line in violation of Washington state laws.
What do you think of the allegations made in this Busch Gardens class action lawsuit? Let us know in the comments.
The plaintiff is represented by Courtney L. Weiner of the Law Office of Courtney Weiner PLLC and Joshua R. Jacobson of Jacobson Phillips PLLC.
The Busch Gardens class action lawsuit is Jackson v. SeaWorld Parks & Entertainment LLC, Case No. C-15-CV-26-003263, in the Circuit Court for Montgomery County, Maryland.
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