ORLANDO, Fla. (WESH) – A New York man is filing a lawsuit after a recent visit to Universal Orlando because he claims the theme park’s unlimited soda deal had some restrictions he was not made aware of.
The lawsuit, which was filed last Thursday in the U.S. District Court for the Southern District of New York, claims “unfair and deceptive” marketing practices by Universal in regards to its “Coca Cola Freestyle Souvenir Cup.”
Luis Arnaud said he purchased a refillable souvenir cup at Universal for $16.99 during a visit in July believing that he would be entitled to unlimited refills. He also said he reactivated the cup for $8.99 the next day.
According to the lawsuit filed against NBC Universal, the cups have a chip in them that track how often somebody refills and are programmed to limit refills to every 10 minutes, six per hour.
“At Volcano Bay, Plaintiff noticed his refills were not unlimited after attempting to quench his thirst and refill his cup again,” the suit said.
The lawsuit goes onto say “As a result of defendant’s deceptive conduct as alleged herein, Plaintiff Arnaud was injured when he paid money for products that did not deliver the qualities and quantities it promised.”
The suit said Arnaud purchased the cup because he believed it would allow him to refill his cup whenever and however many times he wanted. “He 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 lawsuit reads.
Arnaud is seeing unspecified damages and demanded a jury trial.