New Class Action Lawsuit Challenges WDW Reservation Requirement for Platinum Passholders

[shoegal9]

That's a hot take. Greedy corporation does something greedy and possibly not legal, gets sued, and people are like "please, the corporation will punish us more if we point out their misdoings!'.

I didn't say Disney wasn't greedy. Nor that I think they weren't in the wrong.
I'm just tired of the lawsuits that may cause them to take away something that has value to many people. They don't speak for me.
I'm also a cranky jaded attorney...

ETA: she should have just accepted the pro-rated refund for what she paid and bought multi-day tickets like her significant other. I'm sure that would have saved her tons of money.

 

[MiceMagic]

This is very interesting lawsuit to me, and an obvious one IMO.

This one could really crimp the whole plan and derail APs in general.

I'm not sure they did agree to this when they renewed. It didn't say that the park reservations will prioritize other categories of guest? Right? I was looking for that and didn't see it.

I mean it makes sense they want to prioritize any other category, but I'm not sure they actually said that.

Reading about the new lawsuit made me think about our DisneyWorld non expiration tickets. At the time that we purchased the non expiration tickets there were not any rules requiring us to make a park reservation. We could just show up at DisneyWorld on any day that we wanted to do so. That is no longer true. Also- the tickets are park hoppers that allowed us to enter any park at any time that we wanted to unless the park was at capacity. Now we automatically lose the use of the time from the park opens until 2 pm. If we use these tickets now, we certainly would not be getting the full usage/value that we expected to get when we purchased them. That doesn't seem fair.

 

[lowlight]

I didn't say Disney wasn't greedy. Nor that I think they weren't in the wrong.
I'm just tired of the lawsuits that may cause them to take away something that has value to many people. They don't speak for me.
I'm also a cranky jaded attorney...

ETA: she should have just accepted the pro-rated refund for what she paid and bought multi-day tickets like her significant other. I'm sure that would have saved her tons of money.

You're entitled to your opinion, but I'm happy people are standing up for themselves when they are wronged by corporations. I'm not sure they deserve shame and derision for that.

 

[cakebaker]

Reading about the new lawsuit made me think about our DisneyWorld non expiration tickets. At the time that we purchased the non expiration tickets there were not any rules requiring us to make a park reservation. We could just show up at DisneyWorld on any day that we wanted to do so. That is no longer true. Also- the tickets are park hoppers that allowed us to enter any park at any time that we wanted to unless the park was at capacity. Now we automatically lose the use of the time from the park opens until 2 pm. If we use these tickets now, we certainly would not be getting the full usage/value that we expected to get when we purchased them. That doesn't seem fair.

You aren't losing the use of time, you can still use it at your reserved park. I don't see a big loss there. When you consider the small fortune you're saving because you had to have paid a great deal less than what current tickets cost, you've got a bargain on your hands. The ability to buy passes and then cash them in 20 years later was a gold mine of value and one Disney had good reason to do away with. It was never Disney's intent to have people hold on to them for decades. I bought an AP voucher in 2019, expecting to activate it in March 2020. I didn't actually get to activate it until July of this year. I paid less than $800 for a park hopper AP that includes Photopass. I'm not feeling the least bit shorted when I know I paid more than $400 less than the last price they were selling for and I got Photopass included.

AP's, especially locals, have lost a lot- the days of grabbing the kids after school and heading to the parks on a whim is gone. I'm not sure that's a case for a lawsuit, in fact I don't think it is, but they certainly have a reason to be unhappy about it.

 

[RoseGold]

Can we opt-out at this early stage? I really do not know the answer to that question — an early opt-out initiated by a potential individual class member. The usual opt-out opportunity is under court directions and a mailer is sent to the class members by the named plaintiff’s attorneys.

Well, you did opt out if you renewed and agreed to the terms that let them blackout your tickets whenever they want, LOL.

 

[Jrb1979]

AP's, especially locals, have lost a lot- the days of grabbing the kids after school and heading to the parks on a whim is gone. I'm not sure that's a case for a lawsuit, in fact I don't think it is, but they certainly have a reason to be unhappy about it.

IMO it's why things are the way they are right now and why they make comments like "unfavorable mix". They don't want AP holders coming in for a few hours riding a couple of things then leaving. IMO they would like it more if the local AP holders were more like your average regional park pass holder. Which is go once or twice a month for the whole day and eat in the parks.

 

[Boopuff]

I understand where this lawsuit is going, but some AP holders sorta shot themselves in the foot. Many gloated about riding ROTR over and over while infrequent guests couldn't get on once, Bloggers/Vloggers who clog up the system going day after day, Ebay sellers who hog merchandise like crazy. I know these people are the minority but it put a black eye on all. There has to be a happy medium.

 

[Let's Get Kronk]

I am so mad at this lawsuit! I have been carefully watching the Disney World availability calendars since the Disneyland lawsuit was filed. If anything, Disney has mostly prioritized the plain passholder bucket over the ticketed and resort bucket. A small number of days otherwise — like Mother’s Day. They gave bonus days right after that.

Can we opt-out at this early stage? I really do not know the answer to that question — an early opt-out initiated by a potential individual class member. The usual opt-out opportunity is under court directions and a mailer is sent to the class members by the named plaintiff’s attorneys.

If we could have a sign-up sheet that Disney could keep track of, so that if Disney decides to kill the AP program for all class litigants, they can continue it for those of us who opted out early.

I know. There probably is no official way to do it this early. These plaintiffs do not speak for me. That’s for sure! I think they are jeopardizing the AP program as we know it.

The class would need to be certified in the case before anyone can opt out of it, and that process usually takes quite a while. These cases can stretch on for years (I do this for a living). Class certification is a huge hurdle for a class action plaintiff, and once a plaintiff is able to get past class certification then the defendant is usually all but forced to settle the case. Even companies like Disney don't want to roll the dice on a jury trial with a class action.

Bottom line: these cases are inevitably brought by plaintiff's attorneys who are after huge fees. If the attorneys can "win" being named as the class plaintiff and can get past class certification, they stand to make millions of dollars in attorneys' fees. They usually find the actual plaintiffs and convince them to bring the suits to make money. The main plaintiffs' attorneys here run a securities litigation firm, which is not really on par for this pattern. But, the secondary attorney seems to fit the bill for a class action troll based on what I found on the internets.

 

[cakebaker]

IMO it's why things are the way they are right now and why they make comments like "unfavorable mix". They don't want AP holders coming in for a few hours riding a couple of things then leaving. IMO they would like it more if the local AP holders were more like your average regional park pass holder. Which is go once or twice a month for the whole day and eat in the parks.

I fully understand they don't want local AP holders doing that- and I think it was very problematic for them. All I'm saying is I see why they'd be frustrated that their playground was taken away. What I don't get is why they aren't selling their top tier AP to out of state guests...like me. We visit maybe 3 times a year with an AP. We stay onsite, we eat in the parks, we buy the bells and whistles. we spend money in the shops.

As it is, I'm the only AP holder left. When they closed, all my kids and my grandson has valid AP's. Mine was expired, but I had a voucher that I would've activated in March. So of course, with them being closed, it made no sense for them to keep their relatively new AP's and they took the refund. Who could've known they'd stop selling them and for so long. At any rate, them not being able to buy an AP is really problematic in that I want to visit a lot and they have to buy tickets every time we go. I don't like to visit alone but fully intend on at least 1 more trip before it comes up for renewal in July 23. So I'll swing for my grandson to go with me. He has 3 comp days coming from the Hurricane trip we made last month, we'll hopefully get to do a couple of After Hour events as well and I may not have to buy a regular ticket for him at all. But buying multi day park tickets multiple times a year just isn't going to happen.

At any rate, it just seems to me they're leaving money on the table when they don't sell their most expensive AP to guests who are realistically only going to vist a few times a year and spend a lot while they're there. And btw, I will absolutely be renewing. In the past, we'd alternate years and space out trips out so as to get at least 2 trips in on 1 AP, often 3. Unless they've started selling again by next summer. no chance I let mine lapse although that price tag is painful.

 

[Jrb1979]

I fully understand they don't want local AP holders doing that- and I think it was very problematic for them. All I'm saying is I see why they'd be frustrated that their playground was taken away. What I don't get is why they aren't selling their top tier AP to out of state guests...like me. We visit maybe 3 times a year with an AP. We stay onsite, we eat in the parks, we buy the bells and whistles. we spend money in the shops.

As it is, I'm the only AP holder left. When they closed, all my kids and my grandson has valid AP's. Mine was expired, but I had a voucher that I would've activated in March. So of course, with them being closed, it made no sense for them to keep their relatively new AP's and they took the refund. Who could've known they'd stop selling them and for so long. At any rate, them not being able to buy an AP is really problematic in that I want to visit a lot and they have to buy tickets every time we go. I don't like to visit alone but fully intend on at least 1 more trip before it comes up for renewal in July 23. So I'll swing for my grandson to go with me. He has 3 comp days coming from the Hurricane trip we made last month, we'll hopefully get to do a couple of After Hour events as well and I may not have to buy a regular ticket for him at all. But buying multi day park tickets multiple times a year just isn't going to happen.

At any rate, it just seems to me they're leaving money on the table when they don't sell their most expensive AP to guests who are realistically only going to vist a few times a year and spend a lot while they're there. And btw, I will absolutely be renewing. In the past, we'd alternate years and space out trips out so as to get at least 2 trips in on 1 AP, often 3. Unless they've started selling again by next summer. no chance I let mine lapse although that price tag is painful.

IMO the reason they aren't selling them yet is 2 reasons. The major one is they aren't sure of the exact plan for them yet when they do return so they don't want to sell them if they are going to change the rules.

The second one being they have the balance of AP holders they want at this moment.

 

[DL1WDW2]

And they want to create a new membership that generates Amazon Prime Membership $$$$$$$$$$$ Money .

 

[TwoMisfits]

That's a hot take. Greedy corporation does something greedy and possibly not legal, gets sued, and people are like "please, the corporation will punish us more if we point out their misdoings!'.

I agree - since Disney was so obviously in the wrong in 2020, I hope the class action actually goes to court to a jury b/c I'd give the plaintiffs a ton.

 

[Ms Bibbidi]

Well, you did opt out if you renewed and agreed to the terms that let them blackout your tickets whenever they want, LOL.

I finally went back and read this entire thread, and several others talking about the new lawsuit, including the complaint. My thanks to JCB for the detailed and informative post and the link to the complaint.

Like the DLR complaint, it is limited to the Platinum or Incredi-pass level with no block-out dates. (I don’t know why when Disney has also denied park reservations to all tiers of annual passholders without resort reservations on unblocked dates while still having park reservations for single or multi-day ticketed guests or resort guests.) Anyway, only the top tier is involved.

So, at least I do not have to worry. I always bought a platinum plus until 2019. Then due to life events it expired and I bought a Pixie in March 2022. So, this lawsuit does not include me as a potential class member. I am good with that.

The lawsuit had interesting language about the limited number of reservation holds. Worth watching for that.

Like DLR’s Magic Key - Dream Key was replaced by the Inspire Key with Christmas blocked out, now we can expect the Incredi-pass to go away and be replaced with a character named pass that blocks the last two weeks of the year. That is really going to hurt the out of state families who made it a tradition to spend Christmas at Disney World. Game changer for the DVC Christmas crowd.

Sad. I was looking forward to getting back to the Incredi-pass level at renewal time. Well, it means budgeting more money at Christmas time for day tickets.

 

[DL1WDW2]

Huge game changer for me and amany others.
That is the main reason I have my DVC for the holiday week .

I m not sure I have the stomach for Disneys games anymore ..

 

[cakebaker]

Huge game changer for me and amany others.
That is the main reason I have my DVC for the holiday week .

I m not sure I have the stomach for Disneys games anymore ..

Every day is a crafty sly announcement .
Today they announced Resort Guest advantage gameplay for better odds for that dining reservation window, if staying on property .
When I called , the castmember could barely contain her excitement as she explained the details and specific list of restaurants for this generous offer. So not really anything on list except for the mostly easy reservations to make with or without gameplay.
I was surprised Topolinos was on the list. I guess that was the important source for their guest complaints and reason to react on behalf of Disney Gotta sell those DVC and keep their guests content and positive.

Actually, the move to give guests staying at Disney resorts a slight advantage to book the restaurants at those resorts is long over due. Those guests far and away pay more than anyone else for their hotels and it's completely unfair they have to fight for reservations with those who do not stay there. I have no problems with moves that may help Disney as long as they are advantageous for the guest as well- and this is. I'd love to eat at Toppolino's, could not get a reservation there during our stay and in general, I didn't care for the resort- still want to eat there though. I'm also happy to see Beaches and Cream on the list- we stay at the YC frequently, yet have only managed to get a reservation there once. Most of the restaurants on the current list are pretty tough reservations to come by, Boma, Steakhouse 71 etc...I don't have a lot of experience with Chef Mickey's, but my guess is it's not easy to get either- none of them are, really.

I don't see it as a move to push DVC since you only have to be a resort guest anywhere- it's not tied to the resort you are staying at.

 

[disneyland_is_magic]

After dozens of phone calls to Disney expressing their frustration with this, including one phone call with a thirteen-hour hold period….

So I think it says a lot no one has said much on this part of what the OP shared. Lol do legacy fans all just accept this as normal?

There have been stories of fans having to actually fly to Anaheim to fix tickets to ensure they can book a valid reservation. I have always thought that was a lawsuit waiting to happen because it’s beyond unreasonable in 2022 not to provide a way online or by phone to accomplish it.

I wonder how much the allegation of Disney not having a reasonable way to navigate a timely resolution on the pass dispute will factor in at all. It seems like phone records would easily prove if “dozens” of calls were made and if one lasted 13 hours.

Does the significant effort to reach out to Disney to seek a resolution to the alleged breach impact the case's merit?

 

[DL1WDW2]

That’s an interesting implication…
Disney the giant corporation using power to squash the little guy does seem excessive .

 

[cakebaker]

After dozens of phone calls to Disney expressing their frustration with this, including one phone call with a thirteen-hour hold period….

So I think it says a lot no one has said much on this part of what the OP shared. Lol do legacy fans all just accept this as normal?

"After dozens of phone calls to Disney expressing their frustration with this, including one phone call with a thirteen-hour hold period, Disney proposed a solution that ultimately required cancelling their original reservation, which was at a reduced price, and rebooking the reservation at a price three times higher than the original reservation. Additionally, the Florida locals in their group would be charged an extra $15.00 each day."

I wouldn't believe everything I read.
There is little in any of that portion of the statement I believe to be true. As to waiting on hold, it's been a real problem, but I'm not sure one can successfully sue them for it. 13 hours seems an outrageously long time to sit on hold, especially for a passholders who have their own dedicated phone number to call. I've never once sat on hold with the passholder line for more than 30 minutes, if that. I find it beyond believable that there was a 13 hour wait and that someone actually put in that kind of time. I'm especially interested in the "deal" Disney supposedly offered whatever this "Florida locals" group is. And extra $15 for what?

But no, if that was my experience I would not accept it as normal, but since it hasn't been.....

 

[nancipants]

IMO it's why things are the way they are right now and why they make comments like "unfavorable mix". They don't want AP holders coming in for a few hours riding a couple of things then leaving. IMO they would like it more if the local AP holders were more like your average regional park pass holder. Which is go once or twice a month for the whole day and eat in the parks.

I'm a local AP holder and I would do both. Before we had our son, we would spend a full day at the parks on the weekend, or go to hang out after work. We always bought food there, and we often buy merchandise. We now do both with our son (born right before Covid), although it's much more frustrating because we can't just ask him, hey, what park do you want to go to today? Again, we always buy food and merch at the parks. (Last weekend we did Steakhouse 71 and bought him a toy afterward. This weekend we're going to Trail's End and will possibly do a pony ride.)

I don't watch that many vloggers, but the ones I do always buy food/merch, so I never understood where the idea that APs don't spend money comes from. My out of state in-laws are the ones who bring their food and stay off-site! I'm sure Disney does its research, but I wonder how thorough it is.

 

[cakebaker]

I don't watch that many vloggers, but the ones I do always buy food/merch, so I never understood where the idea that APs don't spend money comes from

Disney's research abilities are probably as good as it gets. For every local passholder who says they dine in the parks and/or buy merchandise there are probably 100 that don't. Local AP's get the cheapest tickets and the ability to make installment payments and on the whole, they have a much lower pp spending rate and that's what Disney looks at- not the outliers but the overall statistics- and those statistics say that Disney makes much less money on AP's. I wish they compared local APs to out of state APs and adjust accordingly, but I don't believe they do. They're just looking at us as group and making decisions that best suit them financially.

I know we stay on site every trip. We buy a lot of souvenirs, we buy the hard ticket events- but I don't assume every out of state AP holder behaves as we do.