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Ohio
Attorney General Mike DeWine
Beach Waterpark
sued for Failure to Deliver
(CINCINNATI) – Ohio Attorney General Mike DeWine today announced a
lawsuit against the owners and operators of The Beach Waterpark in
Mason, Ohio. The lawsuit charges the waterpark with failure to deliver,
a violation of Ohio’s Consumer Sales Practices Act.
“It’s unfortunate when a long-standing Ohio business closes,” Attorney
General DeWine said. “But The Beach Waterpark took money from thousands
of consumers and never delivered promised services. That’s
unacceptable.”
The Beach Waterpark was a water amusement park located at 2590
Waterpark Drive in Mason, Ohio where it operated for more than 27
years. Before the 2012 season began, the waterpark sold approximately
8,800 passes for the 2012 season.
On March 9, The Beach Waterpark announced that it would not reopen for
the 2012 season. After the announcement, hundreds of consumers filed
complaints with the Ohio Attorney General’s Office saying they wanted
refunds. In lieu of refunds, the Beach Waterpark offered discounts and
day passes to other local attractions, such as Kings Island and the
Cincinnati Zoo.
According to the Attorney General’s lawsuit, the offers were not
adequate substitutions, because they were not similar goods or services
and they were not of equal or greater value to what the consumers
ordered. Substitute offers must be acceptable to consumers.
The lawsuit, filed in the Hamilton County Court of Common Pleas,
charges the waterpark’s owners and operators—The Beach at Mason Limited
Partnership, Water Parks, Inc., and Cabana Equities, Inc.—with
violating the Failure to Deliver Rule under the Consumer Sales
Practices Act. The lawsuit seeks consumer restitution, a permanent
injunction, and civil penalties.
Attorney General DeWine encourages consumers who purchased 2012 passes
to The Beach Waterpark to keep all documentation related to the
purchase and to file a complaint with his office at
www.OhioAttorneyGeneral.gov or 800-282-0515.
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