Wednesday, 27 April 2022

Cedar Fair Seasons Pass Holders File Class Action Lawsuit

Cedar Fair season pass holders filed claims against Cedar Fair claiming that their 2020 season was cut short without a refund. An Ohio federal judge has ruled in favor of Cedar Fair.

April 21st, U.S. District Judge James G. Carr denied Cedar Fair’s motion to dismiss claims brought against it under the Ohio Consumer Sales Practices Act. 21. U.S. District Judge James G. Carr denied Cedar Fair’s motion for dismissal of claims against it under the Ohio Consumer Sales Practices Act.

Carr stated in his decision that he didn’t agree that Cedar Fair’s disclosures regarding refunds, which stated there would be no refunds regardless of the season was cut short, were obvious to a reasonable consumer.

He concluded that plaintiffs have sufficiently pleaded that a reasonable purchaser might have misunderstood the disclaimers to imply that Cedar Fair would not pay any compensation if its parks were closed for all or a significant portion of the season.

He said that plaintiffs had also adequately pleaded that Cedar Fair didn’t fairly explain to customers its intent in the event of a force majeure causing it to close its parks. He ruled that the lawsuit can be continued for now.

Cedar Fair Class Action Plaintiffs Claim They Didn’t Receive Season Pass Benefits

Plaintiff Moneva Walker’s Cedar Fair Class Action lawsuit, originally filed in September 2020, states that she and other season-pass holders are entitled to refunds for 2020 purchases.

Walker purchased a 2020 season ticket to Knott’s Berry Farm in California when she was living there.

According to reports, the park was closed in March with no reopening date. Walker claims she didn’t get the benefits she was expecting when she bought a 2020 season ticket.

She claims that season passes can be expensive for consumers like her. Silver and regular passes cost $60-$100 per year. Gold passes range between $80 to $120, while platinum passes allow unlimited access to all Cedar Fair Parks. Platinum passes are about $200.

Walker claims that when she paid the season pass fees, she entered into a contract to Cedar Fair where the park operator promised unlimited visits “all season” (i.e. you can visit the park as many times as possible throughout the year).

Cedar Fair was willing to extend 2020 season passes for the 2021 park season. Walker, however, argued that Walker and other season pass holders deserved to be able to have their 2020 season passes refunded instead of having them extended.

Cedar Fair has 17 parks in many states.

What do you think about the claims in this instance? We’d love to hear your opinions in the comments.

Moneva Walker v. Cedar Fair L.P. et al. is the Cedar Fair Season Pass Class Action Lawsuit. 3:20-cv-01176-JZ in the U.S. District Court of the Northern District of Ohio



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