He’s thirsty for justice. A Bronx man is suing NBC Universal after he paid for an “unlimited refill” soda machine deal at one of the company’s theme parks — only to discover he had to wait a whole …
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He’s thirsty for justice.
A Bronx man is suing NBC Universal after he paid for an “unlimited refill” soda machine deal at one of the company’s theme parks — only to discover he had to wait a whole 10 minutes between each pour.
Luis Arnaud is bubbling with anger over the “false advertising” — saying he learned while trying to “quench his thirst” that the refills were in fact “limited” to a measly “total of only six per hour,” according to the class-action lawsuit filed in Manhattan federal court Thursday.
Arnaud says he visited Universal’s Island of Adventure in Orlando, Fla., on July 30 and bought a 16-ounce “Coca-Cola Freestyle” cup — which purported to come with “unlimited” refills all day — for $16.99.
The next day, he reactivated the cup at Universal’s sister theme park Volcano Bay for $8.99, the suit says.
The cups come with a computer chip to show you’ve paid for the bottomless deal — but Arnaud learned they were also tracking how often users top up, and are “programmed” to limit refills to every 10 minutes.
When he tried to “quench his thirst and refill his cup again” before that period was up, the machine flashed a message rejecting his request, the suit says.
“Hi. You are not quite ready to fill up,” it proclaimed — along with the number of minutes he had to wait — according to photos of the failed attempt in his suit.
His suit also includes ads for the “freestyle” deal at the park, which promotes “unlimited” refills with “100+ drink choices” — but doesn’t appear to mention the limits.
The move is a “deceptive” and “unconscionable trade and business practice,” the suit charges.
“He would not have been willing to pay the sum he paid had he known that the Products did not provide unlimited refills and were mislabeled and falsely advertised,” the suit reads.
“Defendant delivered Products with significantly less value than was affirmed by their representations, thereby depriving him of the benefit of his bargain and injuring him in an amount up to the purchase price.”
Arnaud is seeking unspecified damages.
NBC Universal didn’t return a request for comment Thursday.
Arnaud could not be reached for comment.
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