Splish Splash Water Park Owner Facing Class Action Over Allegedly Hidden Online Ticket Processing Fee [UPDATE]

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A proposed class action claims the operator of Splish Splash, a water park in Calverton, New York, has unlawfully hidden a $4 “processing fee” from the total cost of an admission ticket until the end of the online purchasing process.

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The 12-page lawsuit alleges that when a consumer visits SplishSplash.com, defendant Festival Fun Parks—which does business as Palace Entertainment—initially displays a fee-less ticket price, only to reveal an added “processing fee” at checkout that increases the total admission ticket cost.

The suit asserts that this “cheap trick” violates New York’s Arts and Cultural Affairs Law, which requires an operator of a place of entertainment to clearly disclose the total price of a ticket, including any added fees, before the ticket is selected for purchase. Per the case, the law also bars a company from increasing a ticket’s cost during the purchase process.

According to the complaint, a consumer shopping for a park admission ticket on SplishSplash.com is first presented with a screen that displays types of tickets and corresponding prices. The filing contends that the total cost of an “any day ticket,” including fees, is not shown on the page, in violation of state law.

It is only after navigating through multiple screens to finalize their purchase that the consumer arrives at the checkout page, where the $4 “processing fee” and now-increased total ticket price are presented for the first time, the lawsuit relays.

As the suit tells it, the company’s allegedly unlawful conduct has allowed it to “swindle substantial sums of money” from unsuspecting consumers who are “ambushed” by the added fee at checkout.

The lawsuit looks to represent anyone in the United States who purchased tickets to Splish Splash from the water park’s website at any time since August 29, 2022.

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