As an old law professor of mine used to say, “you can sue anyone for anything.”
The old APs also had language about not guaranteeing days and that the passes were subject to park closure, etc, yet they still refunded money when the parks closed. Why? Were they doing that only to be nice? Maybe. Or maybe they did it simply to avoid a PR issue. Or maybe they did it because of the possibility of a class action lawsuit. We will never know.
The point is, just because something is in the terms and conditions, it’s not an ironclad “get out of jail free card“ for the company, especially where there are a large number of people that are unhappy.
Do I think a lawsuit will come of any of this? No. Do I think that Disney realizes there is something wrong with the current program? Yes. I think we are already seeing that with the closure of the Dream and Believe keys. (And I do realize that they said Keys would be limited when they were released.)
But why bother closing the keys if the terms and conditions clearly say that no reservation is ever guaranteed? Why not just keep selling as long as people are willing to buy? After all, the terms and conditions make it clear that you aren’t guaranteed anything when you buy a key.
Maybe Disney is just unhappy with the program internally, regardless of guest satisfaction. Maybe they realize that there are guests who are unhappy with the current program. Maybe they realize that there is a “tipping point“ where selling too many keys becomes problematic in terms of their ability to make a reasonable number of reservations available for keyholders, despite the terms and conditions never guaranteeing any reservations at all.
We will never know. But I am interested to see what they do next.