Kennywood charges hidden fees on ticket prices, lawsuit says

By MEGAN SWIFT
TribLive

Kennywood’s parent company is facing a lawsuit alleging the West Mifflin amusement park tacks hidden fees onto online ticket prices.

The class action portion of the suit is in the proposed stage because it needs official approval from a judge to proceed, according to the Carlton Fields law firm. If certified, the lawsuit may proceed to trial as a class action.

Danielle Ratti is “demanding a jury trial” against the Herschend Family Entertainment Corporation, citing “unfair trade practices” as the primary nature of the case, according to the lawsuit.

“Although Herschend purports to stress a ‘commitment to generosity’ and a ‘focus on making a meaningful impact on the communities it serves,’ it routinely deceives Kennywood’s online ticket purchasers, many of whom live in the local community, by forcing them to pay surprise fees in addition to the advertised prices of admission,” lawyers argue in the lawsuit that was filed last week.

Kennywood allegedly uses “drip pricing,” according to the complaint. Drip pricing occurs when the total cost of a product — in this case, a Kennywood ticket — isn’t revealed until the end of the purchase process, when mandatory fees are added that weren’t disclosed upfront.

A ticket to Kennywood is advertised online as starting at $39.99, according to the amusement park’s website.

“It is impossible for a consumer, however, to purchase an admission ticket to that amusement park online for the advertised price of $39.99,” the lawsuit contends.

When a person adds a $39.99 Kennywood ticket to their cart, a $2.50 fee is “automatically” added — making the total ticket price $43.49 each, according to the lawsuit. This total includes $1 for tax.

“Herschend never explains the purpose of the fee it tacks on at the end of the transaction,” the complaint alleges. “Instead, under ‘Fee Details,’ it simply labels the charge as a ‘Total Ticket Fee.’

“To be clear, whatever its purpose, the surprise fee is mandatory. In other words, to complete the transaction, and to purchase the admission ticket, the consumer — who has been misled and lacks full information — must pay the entire ‘Total Price.’” Ratti purchased seven admission tickets on July 30 through the Kennywood website that were advertised at $39.99 each. During the checkout process, a total of $17.50 of fees were added ($2.50 each), the complaint alleges.

She didn’t know she would be responsible for paying fees on top of the ticket prices, the complaint said, because any fees were not disclosed “until late in the purchasing process.”

The class action lawsuit seeks to represent “all Pennsylvania citizens, who, within the relevant statute of limitations, purchased online a ticket( s) to Kennywood and were charged a “Fee” … in addition to the advertised admission price.”

Ratti’s attorney, Nicholas Colella, was not immediately available Monday for comment on the proposed class action lawsuit.