Park visitors say $4.99 fee should cost Legoland $5M

Legoland New York is being sued for $4.99.

That’s a processing fee that two men claim was assessed illegally when they bought daily passes online from the Goshen amusement park because the fee was not disclosed immediately.

And if at least 100,000 online ticket buyers are deemed eligible to recover at least $50 each, under a New York law, Legoland will have to pay $5 million in damages, according to a class action lawsuit filed Dec. 22 in U.S. District Court, White Plains.

Legoland “has been nickel and diming visitors … in violation of the New York Arts and Cultural Affairs Law,” Ronniery De La Cruz, of Mohegan Lake, and Christopher Demmerle, of Hawley, Pennsylvania charge. “This cheap trick has enabled (Legoland) to swindle substantial sums of money from its customers.”

The ticket law was enacted in 2022 after the legislature raised concerns about “potentially unfair, deceptive, and anti-consumer practices,” according to a 2022 guidance letter issued by the Department of State, Division of Licensing Services.

The law requires online ticket sellers to display the total cost of a ticket, including extra fees, before the ticket is selected for purchase, according to the complaint, and the ticket price may not increase during the purchase process.

Ticket buyers, that law states, may sue for “actual damages or $50, whichever is greater.”

De La Cruz bought two one-day passes on Aug. 8, and Demmerle bought four one-day passes on Oct. 10.

Their complaint describes what a buyer sees when purchasing a ticket on www.legoland.com/new-york.

Step 1: Select the type of ticket, such as a family vacation package or daily pass, and click on Buy Now.

Step 2: Click on Add to Cart. Select the number of tickets.

Step 3: Select from special offers or click on No Thanks, Continue.

Step 4: Select a parking pass or click on No Thanks, Continue.

Step 5: Click on Proceed to Cart.

When the buyer reaches Step 5, the complaint states, the total cost of the ticket is disclosed for the first time.

In the example illustrated in the complaint, a $49 daily pass includes a $4.99 processing fee, $3.98 sales tax, for a total of $57.97.

The complaint notes that the Legoland website has had nearly 4 million visitors in the past three months, but it does not say how many tickets were purchased online.

The men are asking the court to award at least $50 per alleged violation of the New York Arts and Cultural Affairs Law.

“We are aware of the lawsuit and are taking appropriate legal advice,” Legoland Marketing Director Dragan Dimov said in an email. “The lawsuit will be defended.”