Pass Holders Sue Six Flags Over Automatic Charges During Coronavirus Shutdown
Two class actions filed in the Central District of California allege Six Flags has continued to charge monthly and season pass holders despite closing its amusement parks through mid-May.
April 14, 2020 at 03:03 PM
3 minute read
The original version of this story was published on Law.com
Two class actions allege Six Flags Theme Parks Inc. has continued to automatically charge monthly and season pass holders despite closing its amusement parks through mid-May due to COVID-19.
Both lawsuits, filed on Friday and Monday in the Central District of California federal court, allege that Six Flags used credit and debit card information to charge customers soon after announcing on March 13 that its parks had closed.
"Six Flags has made the unconscionable decision to keep charging its hundreds of thousands of membership and season pass holders monthly membership fees while closing 100 percent of its theme parks as the novel coronavirus, COVID-19, rages throughout the world and the United States economy has gone into a deep recession," says Monday's complaint, filed by Bursor & Fisher's Yeremey Krivoshey, on behalf of Francis Ruiz, a Los Angeles resident who claims Six Flags charged him $9.95 a month on March 30 and denied him a full refund. "Thus, defendants have made the deliberate decision to bilk their customers on a monthly basis as the country is effectively shut down."
Krivoshey and a representative of Six Flags, based in Grand Prairie, Texas, did not respond to a request for comment.
San Diego's Khashayar Law Group filed Friday's complaint on behalf of Shahriyar Rezai-Hariri, who alleges Six Flags charged a $6.95 monthly fee on March 25.
Six Flags has 26 theme parks, 23 of which are in the United States, including California and Texas. Monthly pass holders pay $7.85 to $42 per month, while season membership ranges from $240 to $505, according to Monday's complaint. The lawsuit claims Six Flags has continued to charge full costs or refused to reimburse prepaid customers for the time they haven't been able to use the park, offering instead the choice of extending passes.
Both lawsuits claim violations of California consumer fraud laws, negligent misrepresentation, fraud and unjust enrichment, among other things.
The lawsuits are the latest to seek refunds for consumers in the wake of the coronavirus closures, with others filed against universities, gyms and airlines. Bursor & Fisher, based in Walnut Creek, California, filed another consumer fraud class action on March 27 alleging that 24-Hour Fitness USA Inc. has continued to charge monthly membership fees to millions of its customers' credit and debit cards even though it closed its 430 gyms across the country March 16.
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