A federal judge has ruled in favor of a Pinellas County man who sued SeaWorld Entertainment over automatic renewal of passes purchased through its monthly EZPay program.
Jason Herman sued SeaWorld in 2014 over the automatic renewal, claiming a breach of contract. The contract does not remind visitors of the automatic renewal toward the end of their first annual passes.
The contract says the passes would renew automatically except for any “paid in less than 12 months.” Herman’s lawsuit points out that customers such as him actually do pay for the annual passes in less than a full year. Herman, for example, made his first payment on March 18, 2013, and his 12th one on Feb. 18, 2014.
“Plaintiffs bargained for a one-year pass, not a pass of indefinite duration,” Judge Mary Scriven said in her ruling last month granting Herman’s motion for summary judgment as to liability against SeaWorld. Scriven also granted the plaintiff’s motion to make the lawsuit a class-action case.