A proposed class action claims the entities that operate two Six Flags theme parks in California have continued to charge customers monthly membership fees despite closing both locations due to the coronavirus outbreak.
According to the lawsuit, defendants Magic Mountain LLC, Park Management Corp. and Six Flags Theme Parks Inc. announced on March 13, 2020 that Six Flags Magic Mountain in Valencia and Six Flags Discovery Kingdom in Vallejo would be indefinitely closed in response to the global COVID-19 pandemic.
The plaintiff claims that despite the parks being inaccessible to customers, he and other season pass or membership holders have continued to be unilaterally charged monthly membership fees at full price without their consent.
The lawsuit explains that those who sign up for the defendants’ Six Flags memberships provide their payment card information and are automatically charged a fee each month. According to the case, a “Season Pass,” which provides “unlimited entry” into the two parks, currently retails for $289, depending on various seasonal promotions. A “Six Flags Membership,” which offers “varying levels of access and benefits” and allows the member to access any Six Flags theme park in the U.S., currently retails between $240 and $505 per year, the case says.
Despite restricting customers’ access to Six Flags Magic Mountain and Discovery Kingdom, the defendants have continued to “bilk” customers “out of untold sums per month” for a service that is not being provided, the suit alleges.
According to the case, season pass and membership holders purchased their access passes based on representations that Six Flags Magic Mountain and Discovery Kingdom would be available to them year-round, seven days a week, excluding holidays. The plaintiff claims he would not have subscribed to Magic Mountain’s season pass program at a rate of $6.95 per month, or would have purchased his membership on different terms, had he known he would not have access to the theme park for “a period of months.”
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