Disney Dream Key Settlement

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.

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.

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.

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.

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.

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.

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. The exact amount of each Settlement Class member’s payment is unknown at this time, but the per-person amount is estimated to be approximately $67.41. The attorneys who brought this lawsuit have asked the Court to award them attorneys’ fees in an amount up to 25% of the Settlement Fund, plus their reasonable costs and expenses, for the substantial time, expense, and effort spent investigating the facts, litigating the case, and negotiating the Settlement. The Class Representative has also applied to the Court for a payment of up to $5,000 for her time, effort, and service in this matter.

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 will automatically send a check to the Settlement Class Member's last known mailing address unless they have elected to have their payment made electronically.

You do not have to do anything to remain in 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.

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.

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.

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

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.

Class Counsel will request the Court’s approval of an award for attorneys’ fees not to exceed 25% of the Settlement Fund and verified costs and expenses. Class Counsel will also request approval of an incentive award of $5,000 for the Representative Plaintiff.

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.

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.

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.

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.

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.

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.