Disney has issued a response to a lawsuit filed against the company claiming “false advertisement.”
Initially filed on November 9 in Orange County Superior Court by Magic Key Passholder Jenale Nielsen of Santa Clara County, the $5 million Disney lawsuit is being filed on behalf of all Annual Pass holders and claims that “Disneyland relegated them to “second class” ticket holders by artificially limiting Magic Key reservations and the number of pass holders that can visit on any given day.”
In response to the lawsuit, Disney has filed a notice of removal and plans to take the case to the U.S. District Court. Disneyland spokesperson Liz Jaeger issued a statement saying:
“We have been clear about the terms of the Magic Key product and we know that many of our guests are enjoying the experiences these passes provide.” she said. “We will vigorously defend our position as the case proceeds.”
Nielson says that she purchased the $1,399 Dream Key Annual Pass with no blockout dates in September. She attempted to make a Disneyland Park reservation for November in Los Angeles, but found that Disney had blocked out many dates during that time, including all weekends.
When she checked the Park reservations for single-day tickets on the Disney website, Nielson alleged that the dates were available.
“The problem was not that Disney had reached its capacity and therefore could not provide reservations to its Dream Key pass holders. The problem was that Disney had decided to block out reservations so that they were only available to new purchases and were not available to Dream Key pass holders.
Disney appears to be limiting the number of reservations available to Dream Key pass holders on any given day in order to maximize the number of single day and other passes that Disney can sell,” the suit reads.
Her attorneys seek to have the case certified as a class action by the U.S. District Court.
This is not the first lawsuit against Disney within the past year. Recently, a woman sued Disney claiming she was electrocuted in her Resort hotel room.
The Walt Disney Company also issued a formal statement regarding a $20 million lawsuit filed by a Vermont family who claims their daughter was sexually assaulted by another child onboard a Disney Cruise Line ship, and this past summer, The Walt Disney Company faced a legal battle over a lawsuit connecting to the shutdown costs relating to the pandemic.
In addition, Scarlett Johansson recently settled a breach of contract lawsuit with Disney in September. In a recent interview, Johansson revealed how she felt when she returned to Marvel. Scarlett Johansson is known for her role as Natasha Romanoff, AKA Black Widow, in the MCU.