Disney Dream Key Settlement

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EpiqPay FAQs

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Frequently Asked Questions

1. Why was a Notice issued?

   The Court authorized a notice because you have a right to know about the proposed Settlement in this class action lawsuit and about all your options before Final Approval.

   Judge David O. Carter of the United States District Court for the Central District of California is overseeing this case. The case is known as Nielsen v. Walt Disney Parks and Resorts U.S., Inc., Case No. 8:21-cv-02055-DOC-ADS. The person who sued, Jenale Nielsen, is called the Plaintiff. Disney is called the Defendant.

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2. What is this lawsuit about?

   The lawsuit claims that Disney misrepresented the features of its Dream Key pass by marketing it as having “no blockout dates” and that Dream Key pass holders would be able to make reservations for the Disneyland Resort theme parks whenever park reservations were available. The lawsuit asserts claims for breach of contract and violation of the California Consumer Legal Remedies Act and alleges that Dream Key pass holders were not provided with access to park reservations as promised. The lawsuit seeks compensation for purchasers of Dream Key passes.

   Disney denies all of the Plaintiff’s claims and denies any wrongdoing or liability.

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3. Why is this lawsuit a class action?

   In a class action, one or more people called “Representative Plaintiffs” sue on behalf of all people who have similar claims. All these people together are the “Class” or “Class Members.” In this case, the Representative Plaintiff is Jenale Nielsen. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

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4. Why is there a Settlement?

   By agreeing to settle, both sides avoid the cost and risk of a trial. The Representative Plaintiff and her attorneys believe the Settlement is fair, reasonable, and adequate and, thus, best for the Class and its members. The Settlement does not mean that Disney did anything wrong.

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5. How do I know if I am included in the Settlement?

   If you received a notice of the Settlement by postcard or by email, and if you purchased a Dream Key, then you are a member of the Settlement Class.

   Specifically excluded from the Settlement Class are (i) Disney and its officers and directors (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class (iii) the Judge assigned to evaluate the fairness of this Settlement and (iv) the attorneys representing the Parties in the Litigation.

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6. What if I am not sure whether I am included in the Settlement?

   If you are not sure whether you are included in the Settlement, you may call the Settlement Administrator toll-free at 877-894-4029, or send an email to info@dreamkeysettlement.com. You may also write to Nielsen v. Walt Disney Parks and Resorts U.S., Inc. c/o Settlement Administrator, P.O. Box 2318, Portland, OR 97208-2318. Please do not contact the Court with questions.

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7. What does the Settlement provide?

   Disney has agreed to establish a $9,500,000 Settlement Fund. The Court has approved the Settlement, and if a Settlement Class Member did not exclude themselves from the Settlement Class, they automatically qualify to receive an equal share of the Settlement Fund after deductions for the Settlement Administrator’s expenses, attorneys’ fees, costs, and expenses for Class Counsel, and a Service Award for the Class Representative.

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8. How do I get benefits?

   To receive a payment from the Settlement Fund, you do not have to do anything. The Court has approved the Settlement, and the Settlement Administrator automatically sent a check to the Settlement Class Member's last known mailing address unless they have elected to have their payment made electronically.

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9. Do I need to do anything to remain in the Settlement?

   You do not have to do anything to remain in the Settlement.

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10. What am I giving up as part of the Settlement?

    The Settlement has been approved. This means you have given up your right to sue Disney for the claims being resolved by this Settlement. The specific claims you are giving up against Disney are described in Section 1.26 of the Settlement Agreement. You have “released” Disney and all related people or entities as described in Section 1.27 of the Settlement Agreement. The Settlement Agreement is available here.

    The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the law firms listed in FAQ 16 for free or you can talk to your own lawyer at your own expense.

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11. If I exclude myself, can I get a payment from this Settlement?

    No. If you exclude yourself, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.

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12. If I do not exclude myself, can I sue Disney for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue Disney for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case.

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13. How do I exclude myself from the Settlement?

    The deadline to exclude yourself has passed. The deadline for excluding yourself was January 15, 2024.

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14. Do I have a lawyer in this case?

    Yes. The Court appointed the following lawyers as Class Counsel: Cafferty Clobes Meriwether & Sprengel LLP, 135 S. LaSalle, Suite 3210, Chicago, IL 60603, and Ventura Hersey & Muller LLP, 1506 Hamilton Avenue, San Jose, CA 95125. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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15. How will the lawyers be paid?

    Class Counsel was paid 25% of the Settlement Fund and verified costs and expenses. An incentive award of $5000 was paid to the Plaintiff.

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16. How do I tell the Court that I do not like the Settlement?

    To tell the court you need to file an objection with the court. The deadline to object has passed. The deadline for objecting was January 15, 2024.

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17. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you do not exclude yourself from the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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18. When and where will the Court decide whether to approve the Settlement?

    The Court held a Fairness Hearing at 8:30 a.m. on March 4, 2024, at the United States District Court for the Central District of California located at 411 West Fourth Street, Courtroom 10 A, Santa Ana, CA 92701. At this hearing, the Court considered whether the Settlement was fair, reasonable, and adequate. If there were any timely objections, the Court considered them and listened to people who had asked to speak at the hearing if such a request was properly made. The Court ruled on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for an incentive award for the Representative Plaintiff. After the hearing, the Court decided to approve the Settlement.

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19. Do I have to attend the hearing?

    No. Class Counsel has presented the Settlement Agreement to the Court. You or your own lawyer were welcome to attend at your expense, but you or they were not required to do so. If you sent an objection, you did not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in FAQ 16, the Court considered it.

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20. May I speak at the hearing?

    You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must file an objection according to the instructions in FAQ 16, including all the information required. The deadline to object has passed. The deadline for objecting was January 15, 2024.

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21. How do I get more information?

    This website and the Notice summarize the proposed Settlement. More details are in a Settlement Agreement. You can download a copy of the Settlement Agreement here. You may also write to Nielsen v. Walt Disney Parks and Resorts U.S., Inc. c/o Settlement Administrator, P.O. Box 2318, Portland, OR 97208-2318. You can also download a copy of the Payment Election/Address Update Form here or by calling the toll-free number 877-894-4029.

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22. When will I get my payment?

    Payments to qualified class members were mailed via check and emailed via EpiqPay on June 14, 2024. Those who selected the digital payment option please check your email that was provided to us.

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1. I received an email from EpiqPay. What is the email about and is the email legitimate?

   If you received an email from noreply@Epiqpay.com, this email is legitimate. You received this email as the digital payment is the primary means of distributing awards from the Disney Dream Key Settlement. Tremendous, one of our third-party payment partners, will process your payment and notify you of your payment status.

   If you have any questions about the EpiqPay email you received, please contact info@dreamkeysettlement.com, and provide us with your full name and current email address so we can look up your file.

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2. Why did I receive a digital payment?

   You are a qualified Class Member eligible to receive a settlement payment and a digital payment is the primary method of receiving a benefit from this settlement.

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3. How do I claim my EpiqPay payment?

   Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. Please click the ‘Claim Payment’ link before the payment expiration date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method.

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4. Am I receiving my payment digitally?

   Disney Dream Key Settlement Class Members will receive a digital payment unless one of the following is true: 1) we sent you a postcard notice which informed you of the settlement because we did not have a legitimate email address in our records, or 2) we sent you an email notice and you elected to have a check sent to you.

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5. I do not like the payment options available to me through EpiqPay, can I select something else?

   The digital payment options presented to you when you click ‘Claim Payment’ in your EpiqPay email are the only options available to you under this settlement. If none of the options presented to you on the selection screen are of interest to you, a paper check option is available for this Settlement. Please note that the paper check reissue process can take 6-10 weeks to complete. To receive a paper check, you may select that option by clicking “If you'd like to receive a check click here” in the footer of the “Claim Payment” email sent to you on June 14th.

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6. What if I experience issues with the delivery of my digital payment to my email address?

   The contact email for our payment partner, Tremendous, is help@tremendous.com. Please contact them directly if you are experiencing any delivery issues. If you already received an email confirming that your payment has been processed, when you contact them reference your ‘Reward ID’, listed above the EpiqPay logo on your post-selection notification email.

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7. What happens if I unsubscribe from EpiqPay emails?

   If you unsubscribe from any of the payment emails you receive on this matter, you will no longer be able to claim your payment digitally. If you unsubscribed from receiving digital payment notifications from EpiqPay but would like to receive a paper check reissue, please let us know.

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8. What happens if I do not claim my payment by the payment expiration date listed in my EpiqPay emails?

   If you did not claim your payment by the expiry date listed in your EpiqPay emails, the link will expire, and you will no longer be able to claim your payment digitally.

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9. I did not receive an email from EpiqPay, what should I do? / Can you resend my email or just mail it to me?

   Due to variability in individual user email account security settings, EpiqPay emails can sometimes go to junk or SPAM folders. Before we consider other routes to resolve your issue, can you please search your inbox for emails from noreply@Epiqpay.com? If you find the email there, move it to your inbox and/or mark the email as from a ‘trusted sender’, so that future EpiqPay emails regarding this settlement do not end up in those folders.

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10. I was notified via an email that my ACH payment was processed, but it has not yet been credited to my bank account, what do I do?

    Once you receive an ACH payment confirmation email, it may be 24-72 hours after the ACH is initiated before funds are available in your selected bank account. If you have not received the funds within 72 hours after receiving the payment confirmation email, or you have any further concerns about your ACH, please let us know.

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11. After receiving my EpiqPay email, I selected the physical check option. When will my check arrive?

    Those selecting the check tile option on the EpiqPay payment wall will generally receive a physical check 6-10 weeks after making their selection. Please be patient while we process your request. Processing and postal delivery times for checks may vary.

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