Gather ’round the ol’ electrical outlet. . . and I’ll tell ya a tale about the charging brick that took the Disney world by storm, and then pissed everyone off . . . FuelRod.
The FuelRod Story
FuelRod devices have existed for many years and were first located at airports. The idea was simple: A quick $20 credit card charge at a touch screen kiosk would get you a pre-charged brick kit with a cable and adapters for your type of phone. It also included, and this is the big one here folks, unlimited device swaps so you could swap your existing power brick for a charged one for free at hundreds of kiosks around the country.
The product became immensely popular. In fact, it was so popular that it started appearing at both the Walt Disney World and Disneyland Resorts. It also appeared at SeaWorld’s parks too! (However, the price to buy the kit at the theme parks was $30 instead of $20. Let’s call that the price of doing business with Mickey.)
With the high volume of usage at their kiosks, FuelRod realized they couldn’t sustain the financial loss of this business model and began charging customers $1 to swap power bricks at airports.
Enter Universal
Universal saw the value of having the kiosks at their theme parks and wanted to charge their guests a higher price of $30, plus more on the swaps. So, the $1 swap fee was increased to $3.
Word about Universal’s higher pricing started circulating, as well as FuelRod’s decision to eliminate their free swapping service. It was also rumored this would also be happening at Disney Parks. This became apparent when decals on the kiosks at Disney parks were being replaced with new decals that omitted “Free Unlimited Swapping.”
An Inquiry to FuelRod
With the free service discontinued, customers felt that paying a $3 fee was not what they agreed to. After all, the reason why so many people purchased the product in the first place was due to the convenience of unlimited free swapping at locations within Disney, Universal and SeaWorld parks.
So, FuelRod’s customer service began receiving inquiries from people who bought the product asking why they weren’t being provided with the service that was promised.
This was FuelRod’s response:
There was and is no contract signed for free swapping.
Dear Sir or Madame! I am sorry you are upset. There was and is no contract signed for free swapping. We offered this for over 5 years, but has come to a point where we can no longer do this. We do have an app out now that will offer specials etc. I can send you a code that will be good through the end of this month that will help with the transition. Please remember that the FuelRod is rechargeable. If anything goes awry with the product, we will still honor replacement. I will send you the promo code in a separate email.
Unfortunately, this wasn’t the response customers wanted to hear, especially since the packaging that the product came in promised unlimited free swapping. So, what happened next?
A Class Action Lawsuit
Outraged by the company’s response, a lawsuit seeking $5 million in damages was filed alleging a breach of contract and false advertising by FuelRod.
Case No. 3:19-cv-02060-MMA-JLB
United States District Court for the Southern District of California, Case No. 3:19-cv-02060-MMA-JLB before the Hon. Michael M. Anello. Plaintiff is represented by James J. Rosemergy of Carey, Danis & Lowe in St. Louis, Missouri. Defendant is represented by Timothy M. Flaherty and David M. Perl of Clark Hill in San Francisco, California.
…This class action seeks compensatory damages, restitution, disgorgement of profits, costs of suit, actual damages, attorneys’ fees, costs, declaratory judgment, injunctive relief, and any other relief that this Court deems just and proper arising from Defendants’ breach of contract, and unfair, unlawful, unethical, fraudulent, misleading, unconscionable, and/or deceptive business policies and practices related to Defendants’ manufacturing, advertising, marketing, and/or sales of their FuelRod product and related service.
FuelRod wasn’t thrilled about being sued, so they never activated the fee for swapping at Disney Parks, though they did continue removing the “free unlimited swapping” decals from their machines. But what happened next is interesting. Fast forward to now.
The Solution
Tricopian, Inc., the company that now owns FuelRod, issued a sort of settlement to its customers. If an individual purchased a FuelRod before October 26th, 2019, they will be eligible to enjoy “FuelRod Founders” status, which will provide free device swapping for the life of the product.
From the Fuel-Rod.com Press Release:
SAN DIEGO – July 10, 2020 – Tricopian, Inc. (DBA: FuelRod) announces the availability of the “Founders” status in recognition of the continued support and loyalty of the most valued customers and “early adopters” (*) of FuelRod’s world-first, power-on-the-go program. The creation of the “Founders” status also resolves pending litigation against it pertaining to changes in its policies regarding charges for swapping its devices. (**) As a Founder, the customer can continue to enjoy free, unlimited swaps at any FuelRod kiosks (***). There is no cost to eligible customers to become a Founder.
How to Become Eligible For Membership to FuelRod’s Founders Club
All purchasers of FuelRod kits before October 26, 2019, may qualify to become a member of the Founders Club at no cost by providing proof of qualifying purchase and other additional information.
To begin the process, you’ll need to have a copy of your receipt. It would have been sent to your email with the subject line “FuelRod Receipt.” If you are unable to locate the receipt, take a photo of your FuelRod and write down as much information as you can remember about when, how, and where you purchased it. Then, visit FuelRod’s website to complete the questionnaire. FuelRod will get back to you to verify your status.
You will also need to download the app to register an account. Once the app is active on your mobile device, use the displayed code every time you want to swap for free at a kiosk.
Quick Tip: If you’re unable to find your receipt, another resource to consider is going online to retrieve your bank or credit card statement. Notate the specific date of the purchase, amount, and retail/establishment name. Often times, your bank statement information is proof that a purchase was made.
The Future of FuelRod
We’re not sure where this leaves the kiosks that still offer free swapping for everyone, such as the locations within Disney’s parks and hotels. This could change in the future, as the details of Disney’s contract with FuelRod are not known. Hopefully, it will remain free for everyone, but it sure does sound like those who aren’t “Founders” will soon be paying for swaps.
Let Us Help
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Let’s Hear From You
Now that smartphones are a necessity for visiting theme parks, have you purchased a FuelRod? How do you feel about the class action lawsuit and resulting actions? Do you think being part of an exclusive club for unlimited swapping is a fair middle ground for both customers and FuelRod? Let us know your thoughts in the comments. If you enjoyed this article and learned something new about the FuelRod controversy, please share this article to get this information out!
Stay tuned today for the reopening of Magic Kingdom and Disney’s Animal Kingdom at Walt Disney World! Follow our MiceChat Facebook and our Instagram for live coverage!
And here’s the latest theme park news not-to-be-missed:
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