Like I said, you’re picking and choosing what you acknowledge.
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I just looked at several sample Target Gift Card packagings. No where does it indicate it is unlimited in what you can buy. Only that it is a gift card. No false advertising there because they aren’t making any claims that aren’t true.
Wait a minute. You’re participating in this thread! 
(Kidding.) 
I know!!! 
Personally, I think it’s a silly argument over semantics, and a totally BS lawsuit
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The lawsuit is stupid, but I do wonder why the legal dept at USO didn’t advise a different name. We’ve had this privilege at other parks under other names.
The Target thing makes me crazy. I don’t think any store should have that be a thing. Why do the companies care? Is it because there is zero profit for them? They just end up being middle-men and they could use that space (that four square ft for the kiosks?) for retail?
I think most places that sell gift cards (aside from their own store) do so not necessarily for any direct profit they may (or may not) make from selling it, but by the foot traffic that it might bring otherwise. For example, if someone you know is having a birthday, and you want to get them a gift card, you could go from store to store and buy them directly…but Target (or Kroger, or whoever else) sells a variety in hopes you buy it THERE and, while you’re at it, pick up a few other items such as a Birthday Card or even just a gallon of milk!
My go-to is Lowe’s. I often just grab the gift card and go home without a socket wrench or tub surround.
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Is this like Busch Gardens that has all day dining (once an hour)?
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Exactly. There are always conditions.
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Not a lawyer, but, I think they need to show that there are actual damages, as in “how was I harmed”. The only way I could imagine they could do this is to sit down and drink all day getting refills every 10 minutes. If they fail to drink the maximum, then in effect, it was unlimited, because the only limit was their own body. I suppose they could push it and say they wanted to drink 5 sodas in a 30 minute meal and ate limited to only 4, but even then I think it would be hard.
I also didn’t read the article, so maybe they did claim some kind of damages. You can argue false advertising all you want but I’m pretty sure you still have to show how you were harmed.
The plaintiff is also currently the named plaintiff in another class action lawsuit against a medical practice for sending text messages. Read into that whatever you will…
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Agree…some of the human race are always looking for a way to beat the system.
I’d award him the park price of the soda he should have bought during the ten minutes he was dying of thirst.
And I’d then make a order that he pay Universal’s costs in the suit. A few thousand dollars would probably cover it.
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I was an alternate juror in what I perceived as a frivolous lawsuit. One day of selection, one day of boring testamony, on the third day after lunch we were told to wait in the juror room. The judge came in and said they settled. A fellow juror told me they wouldn’t have awarded any money because they thought it was frivolous.
How big are the mugs? Maybe the 10 minute limit is to allow a potty break in between guzzling down large mugs of the “healthful” soft drinks.
Unlimited means no restrictions. If they were calling this unlimited then it was falsely advertised. They should just change the name to “Refillable mug” or something similar. While I wouldn’t sue over something like this, I do think companies should be held accountable when they deliberately market items deceptively. They could have just reported this to to FTC, but this certainly gets more attention.
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In the UK there is an Advertising Standards Agency - a government supported body that rules on complaints about inaccurate or bad advertising and can force the advertiser to change or withdraw the offending advert - no lawsuits needed. I am surprised the US does not have something similar but maybe your lawyers will not allow it as they can see it affecting their bottom line!
So Universal is not universal and WDW is not a world, oh and the World Series is not a valid name/description as it is US only?
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In UK contract law (which may differ from the specific provisions of the ASA) we talk about “mere puffs”:
A mere puff is a statement often associated with advertising. Another way of explaining this is “salesman’s hype” or hyperbole. These are statements that plainly exaggerate and are not intended to be taken seriously.
I would put the “unlimited” refill in that category and I would expect anyone but an idiot to see it in that light.
It reminds me of the early days of broadband when “unlimited” downloads were subject to a “fair use” policy to stop people misusing the system.
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Not so much misusing the system but clogging up the pipe for everyone.
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What??? Deprive us of our right to sue anyone for anything at any time? How dare you insinuate such a thing!
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