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Fantasy Island: New York AG pressing Apex to provide refunds

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Fri, Feb 21st 2020 06:20 pm

The office of New York Attorney General Letitia James has sent correspondence to Apex Parks Group LLC requesting refunds be provided to Fantasy Island customers who purchased season tickets.

Earlier this week, it was revealed the Grand Island amusement park was permanently closed.

James said, "Thanks to responsiveness of the residents of Western New York, my office has received more than 150 complaints about Fantasy Island in the last day. That’s why, early this morning, my office took immediate steps, demanding that the amusement park’s owner provide refunds to consumers for season passes, meal plans, and other goods and services for the 2020 season. My office will not hesitate to take further legal action if these refunds are not issued. I continue to encourage every New Yorker affected by Fantasy Island’s closure to file a complaint on our website so that we can continue to fight to ensure every New York consumer is made whole.”

A letter to John Fitzgerald, CEO of Apex Parks Group LLC, reads:

Dear Mr. Fitzgerald:

I write on behalf of the New York State Office of the Attorney General (“OAG”). It has come to our attention that Fantasy Island, an amusement park in Erie County, New York operated by Apex Parks Group LLC (“Apex”) has abruptly closed. Many New Yorkers purchased season passes, meal plans and other goods and services for the 2020 season at Fantasy Island. Please confirm that Apex will provide such consumers with a prompt and complete refund of all monies paid now that the park has closed without operating during 2020.

Please be advised that if Apex does not promptly provide refunds to impacted consumers, the OAG will proceed to issue subpoenas to Apex, and potentially its employees, affiliates and corporate parents. Following such investigation, the OAG may proceed with litigation to obtain restitution for impacted consumers. The OAG believes that Apex’s actions – if it fails to provide refunds – may be in violation of, inter alia, New York General Business Law Article 22-A and Executive Law § 63(12).

Please confirm in writing no later than March 2, 2020, that Apex will provide refunds to all consumers who purchased good and services for the 2020 season at Fantasy Island. I look forward to your anticipated cooperation.

A spokesman for the AG’s office stated, “We encourage consumers to continue filing complaints with our office so that we can fight for restitution for Western New Yorkers.”

Consumers can file a complaint with the AG’s office at https://formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGCFCHome. Select “Regional Office Buffalo” from the drop-down menu.

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