Ironman Race Class Action Alleges Denied COVID-19 Refunds

A class action lawsuit has been filed against promoters of the Ironman and Rock ‘n’ Roll Marathon Series for not providing refunds during COVID-19.

Plaintiff Mikaela Ellenwood says that she registered for the Rock ‘n’ Roll Marathon Series half-marathon race in San Francisco, California, which was supposed to take place on April 5, 2020. She claims that she paid $89.00 (plus a $14.99 processing fee) to participate in the race.

On March 14, 2020 the defendants, including World Triathlon Corporation (WTC), Competitor Group Holdings, and Competitor Group Incorporated (CGI), notified her that, based on executive orders from the government, the Ironman race would not be taking place as planned on April 5, 2020.

On May 6, 2020, Ellenwood claims she was notified that the event was being entirely cancelled opposed to postponed. She says the defendants told her that her registration would be deferred and she would be able to participate in the next Ironman race, which is scheduled to take place on April 4, 2021.

The plaintiff maintains that she is a resident of Colorado and made arrangements to specifically participate in this year’s Ironman race. Ellenwood claims the defendant has breached their contractual agreement and that she should be provided a refund for the cancelled event.

Ellenwood says that, because of the coronavirus, the defendants have attempted to reschedule or postpone many of the Ironman races that were scheduled to take place in 2020. However, the defendants have allegedly refused to provide a refund for cancelled events, forcing Class Members to participate in another event rescheduled later in 2020, re-register for a race in a different city for 2021 or defer their participation to 2021.

“As a result of the postponement or cancellation, Defendants have not delivered the events for which Plaintiff and members of the class paid,” the Ironman Race 2020 class action lawsuit avers.

Ellenwood states that many participants may not be able to make arrangements for participation in an Ironman Race rescheduled for later in 2020. The options provided by the defendants are not equivalent to what the plaintiff and Class Members have bargained for and thus, the plaintiff seeks a refund for the cancelled event.

Ellenwood goes on to say the race organizers should not be permitted to force the plaintiff to bear the financial burden of the cancelled events as a result of the coronavirus. In addition, the defendants do not have any legal entitlement to retain the monies paid for regarding the Ironman race 2020.

“Defendants’ refusal to offer refunds to Plaintiff and members of the class is simply a maneuver by Defendants to maintain revenue and profit, regardless of whether paying customers can actually attend, and participate in, rescheduled or postponed events,” the Ironman race class action lawsuit explains.

Ellenwood states that in order to participate in an Ironman event, participants register online months in advance. She says that many participants travel to the events and make the necessary arrangements ahead of time to be able to participate in an event for a specific weekend.

The cost of the events range from $30 to nearly $1,000, the plaintiff notes. In addition, many registrants have likely paid additional money for travel and accommodation expenses as well and it is clear that the plaintiff and Class Members bargained for the participation in the event, in the city, and on the date for which they signed up.

Ellenwood complains that the defendants have failed to offer any refund option to her and the other Class Members and have instead unilaterally rescheduled events. The plaintiff says that the defendant’s response to the pandemic is neither flexible or understanding of participants’ concerns. 

“Ironically, by failing to provide a full refund, Defendants completely limit the flexibility of Plaintiff and members of the class and force them to decide whether or not they can attend and get accommodations for a different event,” the Ironman race class action lawsuit states.

Common questions of law and fact in the Ironman race class action lawsuit are: 1) whether the defendants are required to give a refund, rather than allow class members to participate in a future event; 2) whether the defendants’ conduct breaches the contracts formed between Class Members and the defendants; and 3) whether the plaintiff and Class Members are entitled to injunctive relief, damages, or attorneys’ fees.

Prospective Class Members include: “All persons in the United States who registered for and purchased access to an Iroman or Rock ‘n’ Roll Marathon Series event scheduled to take place in 2020 which was postponed or cancelled, and who were not provided a refund.”

Were you supposed to attend an event that was canceled without a refund due to COVID-19? Get legal help by clicking here.

The plaintiff is represented by Nathan C. Zipperian of Shepherd, Finkelman, Miller, & Shah and John F. Edgar and Michael R. Owens of Edgar Law Firm, LLC.

The Ironman Race Class Action Lawsuit is Mikaela Ellenwood v. World Triathlon Corporation, et al., Case No. 8:20-cv-01182, in the U.S. District Court for the Middle District of Florida.

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