Six Flags faces a proposed class action lawsuit over what an Illinois consumer alleges is the company’s “unconscionable decision” to continue charging membership and season pass holders monthly fees while its theme parks nationwide were closed due to the coronavirus pandemic.
The lawsuit, filed October 8 in Cook County, Illinois Circuit Court, claims Six Flags Theme Parks Inc., Six Flags Entertainment Corporation and Six Flags America LLC (which operates as Six Flags Great America), have breached their contracts with monthly and season pass holders in that the companies charged consumers for access to theme parks that were shuttered through at least mid-May, while others under the entities’ umbrella remain closed amid the COVID-19 crisis.
“Defendants are able to unilaterally charge their customers monthly fees without their consent, as they are in possession of their customers’ debit and credit card information,” the complaint says. “Thus, Defendants have made the deliberate decision to bilk their customers on a monthly basis as the country is effectively shut down.”
According to the lawsuit, Six Flags announced on March 13 that each of its parks, including Gurnee, Illinois’ Six Flags Great America and Cherry Valley, Illinois’ Six Flags Hurricane Harbor Rockford, would be closed through the end of March due to the coronavirus pandemic. At the end of March, Six Flags announced it had extended the parks’ closure through mid-May or as soon as possible thereafter, the suit says. The plaintiff alleges Six Flags continued charging and has continued to charge monthly membership fees at full price even though customers were, and some still are, denied access to all parks nationwide.
Per the suit, Six Flags has also refused to reimburse customers for monthly payments made while parks were closed. The case alleges violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and Uniform Deceptive Trade Practices Act.
The plaintiff asserts he would not have paid for a month-to-month Six Flags membership, or would not have paid for such on the same terms, had he known he would not have access to the company’s theme parks.
The lawsuit, which echoes cases filed against Six Flags in April andJuneover its handling of membership fees amid the pandemic, looks to represent all individuals in the United States who were charged fees for memberships while Six Flags parks were closed.
ClassAction.org’s coverage of COVID-19 litigation can be found here and over on our Newswire.