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News Former SeaWorld Parks Passholder Sues Over EZPay

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wxfrcaster said:
EZPay hasn't always been a bad option.  I opted for it years ago and I am grandfathered in for a two-park pass for less than $10/month.  As long as I keep paying, the rate stays locked in.
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And that's why I love EZPay. I purchased Platinums for my family, and my in-laws as a Christmas present, five years ago. I've just kept their passes on my account. At this point, it would be more expensive to drop them and just keep the three for my family. If you keep paying, the price never goes up.
 
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mtpelepele said:
wxfrcaster said:
EZPay hasn't always been a bad option.  I opted for it years ago and I am grandfathered in for a two-park pass for less than $10/month.  As long as I keep paying, the rate stays locked in.
Click to expand...

And that's why I love EZPay.  I purchased Platinums for my family, and my in-laws as a Christmas present, five years ago.  I've just kept their passes on my account.  At this point, it would be more expensive to drop them and just keep the three for my family.  If you keep paying, the price never goes up.
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I agree, we purchased the Platinum passes for my family back in 2006, and we are paying $39/month total for 4 passes. We just let the EZPay ride month to month and the price never goes up. Even when the credit card expired, we just called and gave them the new card info - no price changes. We never had any problems with using them at the parks in Virginia or Florida. If we would to "formally" renew our passes today with the EZPay, we would be paying $72/month for 4 passes ($18/month each). So why would I want to renew my passes if I can keep going with my locked in month to month rate?
 
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First of all Read the contract 2nd Pay attention monthly to what comes out of your account or credit card(I think you would notice a monthly charge within 1 or 2 months) 3rd By having ez pay for 6 years my pass price has not increased
 
Did anyone read the article? SEAS screwed up, plain and simple. Maybe not to the tune of 5 million dollars but read this:

The dispute ultimately comes down to a line in the retail installment contract agreement: "Except for any passes paid in less than 12 months, this contract will renew automatically on a month-to-month basis following the payment period until I terminate it." In the suit, Herman attached a receipt saying he completed the annual pass payment by February 2014 — that is, in less than 12 months.
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Sorry. He's got them. In plain English, it says the account will be charged month to month unless the account is paid off in less than 12 months. He met that requirement. They screwed up.
 
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I think that was the most overlooked part of the story. I the wording was a bit tricky, but after taking another look at it, I understand the problem.

I guess not many people pay off their passes early?
 
Technically, everyone pays off their pass in less than 12 months. It does not sound like he paid it off early, it sounds like he paid the first payment when he bought the pass, and the next 11 payments came out one month at a time. At 11 months, the pass is paid off. The spirit of the contract is such that unless you make the effort to pay off the pass early, thus ending the EZPay contract, you will automatically be renewed.
 
I'm not understanding what you mean by at 11 months the pass is paid off. I have EZPay, I purchased my pass mid-March one year, the initial $10 or whatever was for the next 30 days (1 month). Then they would charge me again for the next 30 days and so on until I get back to the original day I bought it. It comes out to a total of 12 monthly payments by my math, give or take a day when factoring things in like leap year and what not.
 
OK, let's say you decide to purchase a pass January 1. You pay the initial payment. You then make 11 additional payments, the last being on December 1. Exactly 11 months and 1 day have gone by. EVERYONE pays off their EZPay in less than 12 months.
 
mtpelepele said:
OK, let's say you decide to purchase a pass January 1.  You pay the initial payment.  You then make 11 additional payments, the last being on December 1.  Exactly 11 months and 1 day have gone by.  EVERYONE pays off their EZPay in less than 12 months.
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Then everyone has a case. The contract is worded completely stupid and SEAS kind of did this to themselves.
 
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mtpelepele said:
OK, let's say you decide to purchase a pass January 1.  You pay the initial payment.  You then make 11 additional payments, the last being on December 1.  Exactly 11 months and 1 day have gone by.  EVERYONE pays off their EZPay in less than 12 months.
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I can understand that thinking. However, I believe that when you make monthly payments each payment covers an entire month not just the day you pay for it. So if you pay December 1st, that payment is for all of December there for you have paid for a 12th month. I think the idea behind paying in less than 12 months is that you pay for your months prior to the month actually starting. So you can pay double the rate in November and because it was before the 12th month started, you paid it off prior to 12 months.
 
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The 3 basic parts of any contract are:
1. An offer
2. An agreement
3. Compensation

The issue that is being demonstrated here is that the language is not clear and SEAS is not consistent. Because we are having this back and forth that much is clear.

The problem I see is that agreement is not clear and the compensation has been paid.

As for the award amount. Any person can sue for any dollar figure. It is meaningless generally speaking. What matters is what the jury awards. Should the jury award a bazillon dollars for this. Of course not. But they are owed something.
 
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Party Rocker said:
I can understand that thinking. However, I believe that when you make monthly payments each payment covers an entire month not just the day you pay for it. So if you pay December 1st, that payment is for all of December there for you have paid for a 12th month. I think the idea behind paying in less than 12 months is that you pay for your months prior to the month actually starting. So you can pay double the rate in November and because it was before the 12th month started, you paid it off prior to 12 months.
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That's definitely the spirit of the contract, and what I accept it as with my EZPay (which I love the automatic renawal of, it's saved me quite a bit of money over the years!). But if you go back and read the original article, he bought the pass in March 2013 and paid it off in February 2014. It sounds like his payments were made on time, all 12 of them, which would bring about an automatic renewal. To me, it sounds like he's trying to argue the 11 months and 1 day of calendar time constituted payment in less than 12 months. Nowhere has it said that he physically paid off the contract early (making an extra payment, paying the final payment before the automatic bill date, etc.). Does he have a case? Yeah, I think the wording of the contract has enough wiggle that a lawyer could argue it. Hopefully the jury has the good sense to just award him the amount of any payments past the original year (assuming, of course, that he didn't actually use his pass during that time period...).
 
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