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Law360 (April 13, 2020, 7:25 PM EDT ) A nursing conference organizer and Royal Caribbean International have been hit with a proposed class action in Florida federal court claiming that nurses who paid to go on a cruise that has since been canceled because of the COVID-19 pandemic can't get refunds.
Lead plaintiff Jessica Mitchell, who paid for the event organized by social media celebrity Blake Lynch, a registered nurse who goes by the name of "Nurse Blake" and has become known for his leadership of entertaining conferences focused on the nursing profession, claims in her suit filed Wednesday that the defendants have retained $3.87 million of unearned fees for the canceled cruise and have implemented a policy that refuses to grant refunds to participants.
Instead, the scheduled nursing conference known as NurseCon at Sea 2020 is offering a credit that must be used for a future event to be held sometime between 2021 and 2023, according to the suit. Sanford, Florida-based NurseCon at Sea LLC's refusal to give refunds amounts to the theft of up to $2,578 from each of the 1,500 nurses who paid to go on the cruise, the suit said.
While nurses are currently on the frontlines during the coronavirus pandemic, NurseCon and Royal Caribbean "are using the pandemic for their own financial gain," according to the complaint. "There is no reason for plaintiff and members of the class to have their money withheld."
Mitchell, a nurse from San Antonio, claims that she has already made payments toward the five-day and four-night "festival-like" convention cruise aboard the Royal Caribbean vessel Independence of the Seas, scheduled for April 27 through May 1.
After registering for the convention on May 23 with a $198 down payment, Mitchell said she began making monthly payments of $119 starting in June, according to the suit.
But President Donald Trump proclaimed a national emergency on March 13 due to the COVID-19 crisis, and the Centers for Disease Control and Prevention a few days later began urging the nation to practice social distancing and avoid gatherings of more than 10 people, the suit said.
Meanwhile, NurseCon canceled the 2020 conference without any official mention of the cancellation and instead formally announced plans for a 2021 conference, the suit said.
Mitchell claims that NurseCon has told her and other paid passengers of the rescheduled event although it has limited knowledge of the pandemic's resolution date and can't know when social distancing will come to an end.
In addition, Mitchell claims that she publicly voiced her concerns about the cancellation, but when she began asking Nurse Blake questions about refunds, she was "blocked from viewing or interacting with any social media relating to the purported influencer, Nurse Blake."
The proposed class is composed of all people who paid for NurseCon at Sea 2020 but whose money was withheld after the event got canceled.
The suit claims violations of the Florida Consumer Collection Practices Act, saying that the defendants have attempted to enforce a debt when they know that the debt is not legitimate. Further, they have asserted the existence of "some legal right" even though they know that right doesn't exist, according to the suit.
Mitchell also asserts counts of breach of implied covenant and unjust enrichment. She seeks statutory, compensatory and punitive damages.
Mitchell's lawyer, Billy Howard, CEO of The Consumer Protection Firm PLLC, told Law360 in an email Monday that NurseCon should promptly repay nurses who have paid for the 2020 conference instead of "conning" them out of their money.
"Nurses deserve our support now more than ever," Howard said. "Companies cannot use this pandemic as an excuse to not follow the law. If they won't do the right thing then we will ask a jury to make them to do the right thing."
Representatives for Royal Caribbean declined to comment Monday.
NurseCon did not immediately respond to a request for comment.
Mitchell is represented by William "Billy" Peerce Howard and Amanda J. Allen of The Consumer Protection Firm PLLC.
Counsel information for NurseCon at Sea and Royal Caribbean International was not available.
The case is Mitchell v. NurseCon at Sea LLC and Royal Caribbean International, case number 1:20-cv-21503, in the U.S. District Court for the Southern District of Florida.
--Editing by Michael Watanabe.
For a reprint of this article, please contact reprints@law360.com.
