Class action lawsuit for 30% discount?

[rocketriter]

Yes, I agree about people taking personal responsibility. I read contracts and I don't beat up on other people if I'm careless about their contents.

But I also think that Disney as a corporation should not be in the business of tricking people into buying more than they need, even if they're only tricking those who are more careless or sloppy in their business dealings. I hate it when I deal with a corporation (or an individual) and realize that they've rigged things so that if there's any kind of mistake, the dollars roll into their pocket. That's the case with these checkboxes. Nobody makes a mistake with them that makes the individual money. Mistakes with those checkboxes only make Disney money. So I don't mind spanking Disney for publishing those insurance checkboxes in the checked state. Disney should behave at a higher standard than that.

 

[Dopey420]

How about some "personal responsibility" for corporations? Why should they get to rip everyone off? For example, every time I go to the grocery, I get something free because the computer scans a higher price than the shelf price advertised. Most people don't check their receipts. How much does the store make by overcharging its unsuspecting customers?

Stand up for your rights against Corporate America!!!!

 

[Morganpics]

kirbsam, nice to know someone thinks the same way I do.

 

[KNWVIKING]

***"But I also think that Disney as a corporation should not be in the business of tricking people into buying more than they need, even if they're only tricking those who are more careless or sloppy in their business dealings. "***

But ya know what ? Say the default choice was "no ins". I imagine we'd be looking at a lawsuit by all those people that had their vacation ruined by the hurricanes who thought they DID have insurance because " a box was checked".

In todays internet world, most people who are savey enough to book a vacation on-line are probably familiar with what has become industry standard. How many times have you signed up for a product or some newsletter only to be asked if you'd like a host of other assorted products. All the defaults are set to "yes". Disney isn't doing anything new.

 

[All Aboard]

In general, I agree with the whole "taking personal responsibility" argument. However, there is a point at which the selling company can cross a line into deception. Not sure this is it, but it DOES exist. I do hope the fervent posters in this thread at least agree with that.

 

[LIFERBABE]

Im not here often, but I don't like the automatic checked boxes either. If Im savvy enough to book a vacation online, Im savvy enough to check my own boxes! Yes, consumers are responsible for the contracts they enter into and there should be a level of personal responsibility, but Disney and other corporations have a responsibility also and I do think it is a form of "trickery" to automatically opt someone into anything unless they actively decline.
Why should the action be placed on the consumer for something they didnt ask for anyway?

If I go to the grocery store and the cashier adds items to my order when Im checking out and I don't catch it, does that make it right? or they have someone placing items in your basket as you go up and down the aisle?

 

[KNWVIKING]

***" Not sure this is it, but it DOES exist. I do hope the fervent posters in this thread at least agree with that."***

Yes, I do agree with this. But I'm also tired of people looking for someone else to be responsible for mistakes they make.

I'm bewildered how people allowed this to happen. If you book a trip at $1000.00 pp for four people, wouldn't you expect your total to be $4000.00 plus sales tax ? When your total is a few 100 bucks higher, doesn't an alarm go off in your head that says "Hmmmmm..... what the %$#$% " ?

 

[patsal]

I checked the box because I wanted the trip insurance, I just threw it out since I knew I didn't deserve a 30% discount--better yet I could have signed up for two since my insurance was for two adults! Talk about frivolous!

 

[All Aboard]

Vike, since lodging sales tax varies so widely across the country (heck, you pay 12% more in sales tax when you stay at the All Stars v. Pop Century) it might not be that obvious to someone.

I never book online, always over the phone - and have never been offered vacation insurance. Why not? Likely because it's a waste of the sales agent's time - as nearly 100% of the callers would decline.

But, since it's offered (as an opt-out) on the website, it really smells of an opportunistic tool.

 

[Memaw2Wm]

I got two of the class action suit settlement notifications yesterday ... and I intend to send an objection to the settlement (address in notification) ... it's a frivolous suit ... Mr. Huber should have paid attention to what he was agreeing too ... IMO Disney's website is not deceptive or hard to navigate.

The benefits to the class action participants are insignificant (the 30% benefit is a limited to the first 100,000 claimants) ... the real winners are Mr. Huber and his attorneys.

The attorney's were awarded $300,000 by the court and they in turn are allowed to pay Mr. Huber $10,000 for his "services." He's an idiot and buys $200 worth of vacation insurance, but is going to collect $10,000 for "services" ... sheesh!

And people wonder why Disney keeps upping their prices!

 

[Trekker]

Just a note from the perspective of someone who does website design work for a large insurance company. W

henever a question is asked on one of our webpages that could affect the final cost of what the customer is buying, we leave both "Yes" and "No" blank and code into the page a requirement that the purchaser must select one or the other.

This is simple to do and would be a solution - it is kind of like when you buy a package on the Disney website - you must click that you have "read and agree to the terms and conditions" before you can proceed. It would be just as easy to require you to accept or decline insurance before you can continue.

 

[rocketriter]

Trekker is right. It's very easy to build a website that isn't predatory in its design. There's no excuse for Disney to have done otherwise. Whether or not the plaintiff deserves $10,000 for services is an interesting question. But to me the more interesting question is whether or not a large corporation should be engaging in predatory practices and, if they are, whether or not they should be spanked for it. I think they should, and I think it has nothing to do with personal responsibility. It's true that class action lawsuits do little to benefit the class of plaintiffs. But they're a very nice way to get a corporate bully to behave.

 

[DancingBear]

DB: The problem I have with class action suits is tha the law firm running the suit gets the lions share of th award. How many millions did the firm get in the Blockbuster settlement ? What did te "victims" get ? Some "rent one-get one free" coupons ?

What we all get is companies incentivized to follow the law. Without the class action, the companies would have no real risk of being held accountable for these actions, so they would be much more likely to take the risk of acting unlawfully.

 

[KNWVIKING]

What law did Disney break ?

 

[Memaw2Wm]

But to me the more interesting question is whether or not a large corporation should be engaging in predatory practices and, if they are, whether or not they should be spanked for it. I think they should, and I think it has nothing to do with personal responsibility. It's true that class action lawsuits do little to benefit the class of plaintiffs. But they're a very nice way to get a corporate bully to behave.

Sorry, I've booked five Disney vacation online in the last two years ... I can't see how Disney can be accused of predatory practices or of being a corporate bully due to it's reservation website design ... before you book online you have to check a box stating you've read the terms and conditions and I believe the T&C gives info re: vacation insurance ... at any rate I've never found Disney website to be confusing when it comes to opting in or out of vacation insurance.

 

[rocketriter]

In the banking industry, pre-checking boxes that trigger extra cost services is legally defined as predatory and can get a company fined.

 

[DancingBear]

What law did Disney break ?

I can't find information on this particular lawsuit (would be interested if someone would post the contents of the notice letter that was sent out), but it is a reasonable inference that some specific disclosure statute was violated. There are many such consumer protection statutes out there.

 

[Cricket2]

In the banking industry, pre-checking boxes that trigger extra cost services is legally defined as predatory and can get a company fined.

That is correct.

I know there is wording in regulations something like "By default, no action may result in the burden of fiduciary responsibility being placed on the investor blah blah blah". There is special emphasis on forms and electronic transactions/commerce. If the purchase would/could be considered "insurance", they could be bound by some of the same regulations.

I know I have had to go back and uncheck the box before. It was pretty obvious to me but I can see how it would not be for others.

JC

 

[mrmom456]

I received my notification yesterday. When we booked the trip we took the insurance, thought it was a good idea. We actually used it when we cancelled due to a family illness and got our money refunded. If we didnt we'd have lost it all. I cant, in all good consciousness be part of the class action suit when it was my responsibility to decline the insurance and it was needed. Next thing everyone will be complaining when prices go up again for anything Disney so the lawsuit expenses can be paid. Do people really think they will get something for nothing?

 

[dustylaroo]

I don't mean to sound like a killjoy for all those with "awards" from the lawsuit, but is a 30% discount off rack really something worth winning ? What I mean is, does anybody pay rack rate anymore ? It almost sounds like a great marketing ploy by Disney.

DB: The problem I have with class action suits is tha the law firm running the suit gets the lions share of th award. How many millions did the firm get in the Blockbuster settlement ? What did te "victims" get ? Some "rent one-get one free" coupons ?

My 2 cents: I couldn't agree more, there's only one winner in a 'class action' lawsuit, and it isn't you or I.

I often wonder why some people feel that some-one else is responsible for their actions. Did you sign your DVC agreement without reading 'the fine print'?

And, Disney is NOT in the financial industry, which I might add certainly needs regulating.