News Disneyland Magic Key Program

mickEblu

mickEblu

Well-Known Member
flynnibus said:
I don't agree with his logic. The plantiff's angle is clear in their complaint. They hinged everything on the "no blockout dates" claim. The Dream pass is the only pass that made that claim. Their claim is entirely based on the interpretation of what "blockout dates" and "subject to availability" means. The focus on picking the Dream Pass BECAUSE of the "no blockout date" claim is central to her buying decision and claim to harm. Expanding it to all passes undermines these points.

In the complaint the plantiff paints any lack of availability as being 'blocked out' -- this is to tie the contention to the 'no blockout dates' claims. For instance:

"Specifically, on or about October 19, 2021, Ms. Nielsen attempted to use herDream Key to obtain an admission ticket to Disneyland in November 2021. The Disney website informed her that, for Dream Key pass holders, a total of seventeen days in November, including all weekend days, had been blocked out." (emphasis added)

Note they make the assertion that Dream Keys has been BLOCKED OUT. Not "ran out" or "no more capacity" -- These are very intentional wording choices to try to support the claim that Disney's claim was misleading because they claim Disney is blocking those dates instead of lack of availability.

Her entire case is based on that "no blockout dates" claim and it's interpretation... not the concept of reservations running out... even tho the latter is what Disney would argue.


Nah - people can put away the conspiracy theories. Disney just tried to have their cake and eat it to. To be coy with their language to try to avoid being called out about not having a no blockout pass anymore.. while still keeping the faucet controls to limit the passes' impact. The intent was clear as soon as people recognized the pool for passes was different. But under California's generous consumer protection laws... it becomes an argument what is a reasonable interpretation of the language and that is something subjective Disney could not really control. (and something Disney easily corrected afterwards).

But once it's a class action, it benefits Disney in that in one swoop it can gather up all these complaints and flush them together. They had already moved on... this is just a loose end for them to clean up.

The plantiffs are the losers here IMO... because it would have been impossible for them to really quantify how much damage the individuals would have faced (how many days did you try to goto, but couldn't due to lack of availability).. and Disney has a strong argument where it shows 'well you did use the pass, so you did get value from it' -- so it's not like they can easily say "Give me my $1399 back". So they settle for some pittance amount per claimant.

I'd be curious if the lawyers sought out the plantiff, or if she found them shopping. Because the 2.7 mil pot for lawyer fees is really the only one getting a significant amount. The plantiff gets 5k for fighting this for over a year? lol
Click to expand...

That makes sense. Probably would have helped if I read the plaintiffs complaint.

Yeah big waste of time. Dream Key APs lost as now the pass isn’t available anymore. Although you can argue that was probably coming anyway.
 
flynnibus

flynnibus

Premium Member
mickEblu said:
That makes sense. Probably would have helped if I read the plaintiffs complaint.

Yeah big waste of time. Dream Key APs lost as now the pass isn’t available anymore. Although you can argue that was probably coming anyway.
Click to expand...
Here is the amended complaint in Fed court and Disney's response (just FYI - for the curious)
 

Attachments

  • magic keys - ammended complaint.pdf
    433.5 KB · Views: 145
  • magic key - exhibit 1.pdf
    1.5 MB · Views: 163
  • magic key lawsuit - response.pdf
    211.1 KB · Views: 162
S

shambolicdefending

Well-Known Member
So, to summarize, Disney is found liable for some pocket change and no-blockouts passes are likely gone forever?

Sounds like the lawyers are the big winners in this race, Disney finishes second, and the consumers predictably come in last.
 
D

DCBaker

Premium Member
Original Poster
Here's an update on the Magic Key lawsuit payout for Dream Key passholders via the Orange County Register.

"A U.S. District Court judge granted preliminary approval this week of the $9.5 million payout after the Anaheim theme park agreed to a class action lawsuit settlement over allegedly “deceptive” Magic Key blockout dates, according to court documents.

Disney agreed in September to settle the federal lawsuit filed in California alleging that annual passholders who purchased the $1,399 Dream Key in 2021 were unable to make theme park reservations at Disneyland and Disney California Adventure despite the promise of “no blockout dates.”

U.S. District Court Judge David O. Carter set a final approval hearing for the Disneyland Magic Key class action settlement on Feb. 20, according to court documents. Payments will be made within 60 days of the final judgment.

"That means the 103,435 Dream Key passholders should expect to get paid their $67.41 sometime before April 20.

www.ocregister.com

When Disneyland passholders will get their share of $9.5 million Magic Key settlement

Passholders can use the their $67.41 payout on anything they want — but will likely spend it at Disneyland, DCA or Downtown Disney.
www.ocregister.com www.ocregister.com
 
CaptinEO

CaptinEO

Well-Known Member
DCBaker said:
Here's an update on the Magic Key lawsuit payout for Dream Key passholders via the Orange County Register.

"A U.S. District Court judge granted preliminary approval this week of the $9.5 million payout after the Anaheim theme park agreed to a class action lawsuit settlement over allegedly “deceptive” Magic Key blockout dates, according to court documents.

Disney agreed in September to settle the federal lawsuit filed in California alleging that annual passholders who purchased the $1,399 Dream Key in 2021 were unable to make theme park reservations at Disneyland and Disney California Adventure despite the promise of “no blockout dates.”

U.S. District Court Judge David O. Carter set a final approval hearing for the Disneyland Magic Key class action settlement on Feb. 20, according to court documents. Payments will be made within 60 days of the final judgment.

"That means the 103,435 Dream Key passholders should expect to get paid their $67.41 sometime before April 20.

www.ocregister.com

When Disneyland passholders will get their share of $9.5 million Magic Key settlement

Passholders can use the their $67.41 payout on anything they want — but will likely spend it at Disneyland, DCA or Downtown Disney.
www.ocregister.com www.ocregister.com
Click to expand...
Wonder if this means no Keys on sale until Feb 20 at the earliest.
 
AJFireman

AJFireman

Well-Known Member
Received the email for the Class Action Settlement Notice and website for more information

CLASS ACTION SETTLEMENT NOTICE​


IF YOU PURCHASED A DREAM KEY ANNUAL PASS TO THE DISNEYLAND RESORT, YOU MAY BE ELIGIBLE FOR A PAYMENT FROM A CLASS ACTION SETTLEMENT.
A Settlement has been reached in a class action lawsuit concerning Dream Key annual passes to the Disneyland Resort by Walt Disney Parks and Resorts U.S., Inc. (“WDPR”). The lawsuit claims WDPR made misrepresentations in marketing the Dream Key pass and breached its contracts with Dream Key passholders when it promised purchasers that they could make reservations to Disney’s Disneyland Park and California Adventure with “no blockout dates” whenever park reservations were available but failed to make reservations as promised. Disney denies all of the claims and denies any liability or wrongdoing.


WHO IS INCLUDED. Disney’s records show you are likely a member of the Settlement Class. The Settlement Class includes all persons who purchased a Dream Key sold by WDPR between August 25, 2021 and October 25, 2021.


SETTLEMENT BENEFITS. If approved, the Settlement will provide a Cash Award to all Settlement Class Members. Settlement Class Members will receive an equal share from a proposed $9,500,000 Settlement Fund after deductions for attorneys’ fees, costs, and expenses; a Service Award to the Class Representative; and settlement administration costs. To accept the Settlement and receive payment from the Settlement Fund, Settlement Class Members do not need to do anything. Upon final approval of the Settlement, the Settlement Administrator will send an email to each Settlement Class Member’s last known email address from noreply@ epiqpay.com, and Settlement Class Members will be provided an opportunity to select from multiple popular digital payment options, such as Venmo, PayPal, and ACH transfer, or Settlement Class Members can choose to receive a check. If an email address is unavailable, the email is undeliverable, or the Settlement Class Member does not select a form of digital payment, the Settlement Administrator will automatically mail a check to the Settlement Class Member’s last known mailing address. If you need to update your email or mailing address, you can visit the Settlement website below to complete the Address Update Form. A supplemental payment may be made to Settlement Class Members after the mailed checks expire.


OTHER OPTIONS. If you do nothing, you will remain in the Settlement Class, you will be bound by the decisions of the Court, and you will give up your rights to sue Disney for the claims resolved by this Settlement. If you do not want to be legally bound by the Settlement, you must exclude yourself by January 15, 2024. If you stay in the Settlement, you may object to it by January 15, 2024. A more detailed notice which explains how to exclude yourself or object is available. Please visit the website below or call 1-877-894-4029 for a copy of the more detailed notice. On February 20, 2024, the Court will hold a Final Approval Hearing to determine whether to approve the Settlement; Class Counsel’s request for attorneys’ fees, costs, and expenses of $2,375,000; and a Service Award of $5,000 for the Class Representative. The motion for attorneys’ fees will be posted on the website after it is filed. You or your own lawyer, if you have one, may ask to appear and speak at the hearing at your own cost, but you do not have to. This is only a summary. For more information, call or visit the website below.

www.dreamkeysettlement.com 1-877-894-4029
 
SuddenStorm

SuddenStorm

Well-Known Member
AJFireman said:
Received the email for the Class Action Settlement Notice and website for more information

CLASS ACTION SETTLEMENT NOTICE​


IF YOU PURCHASED A DREAM KEY ANNUAL PASS TO THE DISNEYLAND RESORT, YOU MAY BE ELIGIBLE FOR A PAYMENT FROM A CLASS ACTION SETTLEMENT.
A Settlement has been reached in a class action lawsuit concerning Dream Key annual passes to the Disneyland Resort by Walt Disney Parks and Resorts U.S., Inc. (“WDPR”). The lawsuit claims WDPR made misrepresentations in marketing the Dream Key pass and breached its contracts with Dream Key passholders when it promised purchasers that they could make reservations to Disney’s Disneyland Park and California Adventure with “no blockout dates” whenever park reservations were available but failed to make reservations as promised. Disney denies all of the claims and denies any liability or wrongdoing.


WHO IS INCLUDED. Disney’s records show you are likely a member of the Settlement Class. The Settlement Class includes all persons who purchased a Dream Key sold by WDPR between August 25, 2021 and October 25, 2021.


SETTLEMENT BENEFITS. If approved, the Settlement will provide a Cash Award to all Settlement Class Members. Settlement Class Members will receive an equal share from a proposed $9,500,000 Settlement Fund after deductions for attorneys’ fees, costs, and expenses; a Service Award to the Class Representative; and settlement administration costs. To accept the Settlement and receive payment from the Settlement Fund, Settlement Class Members do not need to do anything. Upon final approval of the Settlement, the Settlement Administrator will send an email to each Settlement Class Member’s last known email address from noreply@ epiqpay.com, and Settlement Class Members will be provided an opportunity to select from multiple popular digital payment options, such as Venmo, PayPal, and ACH transfer, or Settlement Class Members can choose to receive a check. If an email address is unavailable, the email is undeliverable, or the Settlement Class Member does not select a form of digital payment, the Settlement Administrator will automatically mail a check to the Settlement Class Member’s last known mailing address. If you need to update your email or mailing address, you can visit the Settlement website below to complete the Address Update Form. A supplemental payment may be made to Settlement Class Members after the mailed checks expire.


OTHER OPTIONS. If you do nothing, you will remain in the Settlement Class, you will be bound by the decisions of the Court, and you will give up your rights to sue Disney for the claims resolved by this Settlement. If you do not want to be legally bound by the Settlement, you must exclude yourself by January 15, 2024. If you stay in the Settlement, you may object to it by January 15, 2024. A more detailed notice which explains how to exclude yourself or object is available. Please visit the website below or call 1-877-894-4029 for a copy of the more detailed notice. On February 20, 2024, the Court will hold a Final Approval Hearing to determine whether to approve the Settlement; Class Counsel’s request for attorneys’ fees, costs, and expenses of $2,375,000; and a Service Award of $5,000 for the Class Representative. The motion for attorneys’ fees will be posted on the website after it is filed. You or your own lawyer, if you have one, may ask to appear and speak at the hearing at your own cost, but you do not have to. This is only a summary. For more information, call or visit the website below.

www.dreamkeysettlement.com 1-877-894-4029
Click to expand...

Between this and the Measure L- this is a fun year for Disneyland in the courts.
 
Vegas Disney Fan

Vegas Disney Fan

Well-Known Member
Doberge said:
It's frustratingly like the old video vault. Get it while you can!
Click to expand...
It works also, our passes are up for renewal in Feb and we’re on the fence, if it weren’t for the “risk” we’d definitely let them go but the threat of not being able to get them again definitely factors in. I‘d say we’re 50/50 on whether we’ll renew or not but without the scarcity factor it would be 0/100.
 

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