New York City Man Sues Universal Over “Unlimited Drink” Offer. The New York Post shared this story after an outraged guest decided to sue NBC Universal over misleading advertisement in their theme parks.
According to NYP, “Luis Arnaud is bubbling with anger over the “false advertising” — saying he learned while trying to “quench his thirst” that the refills were in fact “limited” to a measly “total of only six per hour,” according to the class-action lawsuit filed in Manhattan federal court Thursday.”
Arnaud states in the claim that he visited Universal’s Island of Adventure in Orlando, Fla. at Universal Orlando Resort, on July 30 and bought the 16-ounce “Coca-Cola Freestyle” cup for $16.99. The Freestyle cups purportedly come with “unlimited” refills all day, but in reality, the cups have a 10-minute time limit before refills can be distributed.
Said time limit is monitored with a chip located inside the bottom of the mug. When the cup is placed under the soda spout the base reads the chip and distributes refills after the allotted time frame, or rejects the refill if the cup is not active or has been refilled less than 10 minutes prior. NYP shared, “[Luis] Arnaud learned they were also tracking how often users top up, and are “programmed” to limit refills to every 10 minutes. When he tried to “quench his thirst and refill his cup again” before that period was up, the machine flashed a message rejecting his request, the suit says. Hi. You are not quite ready to fill up,” it proclaimed — along with the number of minutes he had to wait — according to photos of the failed attempt in his suit.”
According to the suit, ads for the “freestyle” deal at Universal Orlando Resort, promotes “unlimited” refills with “100+ drink choices”, but does not directly mention the refill limits.
“The move is a “deceptive” and “unconscionable trade and business practice,” the suit charges. He [Arnaud] would not have been willing to pay the sum he paid had he known that the Products did not provide unlimited refills and were mislabeled and falsely advertised,” the suit reads.”
“Defendant delivered Products with significantly less value than was affirmed by their representations, thereby depriving him of the benefit of his bargain and injuring him in an amount up to the purchase price.”
The suit states that Luis Arnaud is seeking unspecified damages. NBC Universal has not responded to requests for comments on the suit.
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