Patterson v. Wildlife Conservation Society

A Court authorized the Notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the settlement. This Notice explains the lawsuit, the settlement, and your legal rights.

The case is called Patterson v. Wildlife Conservation Society, Civil Action No. 1:24-cv-171-JMF. The person who sued is called the Plaintiff. The Defendant is Wildlife Conservation Society.

In a class action, one or more people called class representatives (in this case, Nicole Patterson) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Settlement Class.

This lawsuit claims that Defendant failed to properly disclose a processing fee for electronic tickets to The Bronx Zoo prior to those tickets being selected for purchase, in alleged violation of ACAL § 25.07(4). Defendant denies that it violated any law but has agreed to the settlement to avoid the uncertainties and expenses associated with continuing the case.

The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All individuals in the United States who purchased electronic tickets to the Bronx Zoo from Defendant’s website, bronxzoo.com, from August 28, 2022 to and through January 16, 2024, and were charged processing fees.

Monetary Relief. A Settlement Fund will be created totaling $990,000.00. Payments to Settlement Class Members, and the cost to administer the settlement, the cost to inform people about the settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund (FAQ 12).

Prospective Relief. Defendant has agreed to maintain the purchase flows for tickets to the Bronx Zoo website in a manner that either (1) does not charge fees on ticket sales, or (2) if fees will be charged, Defendant shall clearly and conspicuously disclose the total cost of the tickets, inclusive of fees, prior to the ticket being selected for purchase, unless and until New York Arts and Cultural Affairs Law § 25.07(4) is amended, repealed, or otherwise invalidated.

A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is available on the Important Documents Page.

To receive a pro rata share of the Settlement Fund, which will be based on the total amount of fees you paid, you must submit a timely and complete Claim Form no later than July 21, 2025. You can file a claim by clicking here. Your payment will by PayPal, Venmo, Zelle, or check, at your election. Claim forms must be submitted online by 11:59 p.m. EST on July 21, 2025. You can contact Class Counsel at (646) 837-7150 to inquire as to the number of claims and/or requests for exclusion that have been received to date.

The hearing to consider the fairness of the settlement is scheduled for June 5, 2025. If the Court approves the settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment 60 days after receipt of an endorsed Court order approving the Settlement. The payment will be made in the form of a check, unless you elect to receive payment by PayPal, Zelle, or Venmo, and all checks will expire and become void 180 days after they are issued. If your address has changed, please inform the Settlement Administrator promptly to avoid any delays in receiving your payment.

If you are a Settlement Class Member and you want to get a payment, you must complete and submit a Claim Form by July 21, 2025. Claim Forms can be found and submitted by clicking here or by printing and mailing a paper Claim Form, copies of which are available for download here.

We also encourage you to submit your claim on-line. Not only is it easier and more secure, but it is completely free and takes only minutes! In order to submit a claim on-line, you will need the Unique ID and PIN printed on the Email Notice sent to you. If you did not receive an Email Notice or have lost yours, you may attempt to look up your Unique ID and PIN here. If this lookup does not locate a Unique ID and PIN, you will need to download, print and mail a paper Claim Form to the Settlement Administrator.

If the settlement becomes Final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section 1.33 of the Settlement Agreement. Unless you exclude yourself (FAQ 13), you are “releasing” the claims, regardless of whether you claim your electronic payment or not. 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 lawyers listed in FAQ 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

The Court has appointed Philip L. Fraietta and Stefan Bogdanovich of Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

The Defendant has agreed that Class Counsel’s attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

Subject to approval by the Court, Defendant has agreed that the Class Representative may be paid a service award of $5,000.00 from the Settlement Fund for her services in helping to bring and resolve this case.

The deadline to exclude yourself from the Settlement passed on May 1, 2025.

No. Unless you submitted a request for exclusion on or before May 1, 2025, you are a Class Member and you give up any right to sue Defendant for the claims being resolved by this Settlement.

No. If you exclude yourself, you will not receive any payment from the Settlement Fund.

The deadline to object to the Settlement passed on May 1, 2025.

Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Final Approval Hearing shall be held by telephone before this Court on June 5, 2025, at 2:15 p.m. To determine (a) whether the proposed settlement of the Action on the terms and conditions provided for in the Settlement Agreement is fair, reasonable, and adequate and should be given final approval by the Court; (b) whether a judgment and order of dismissal with prejudice should be entered; (c) whether to approve the Fee Award to Class Counsel; and (d) whether to approve the payment of a service award to the Class Representative.

To access the Hearing, counsel should call the Court’s dedicated conference call line at (855) 244-8681 and use access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. Members of the press and public may call the same number, but will not be permitted to speak during the Hearing. The parties are reminded to follow the procedures for telephone conferences described in the Court’s Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. The Court may adjourn the Final Approval Hearing or convert it to an in-person proceeding by Order without further notice to members of the Settlement Class.

The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by visiting this Settlement Website or by calling 1-888-869-1819. If, however, you timely objected to the settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.

No. Class Counsel will answer any questions the Court may have. But, you are welcome to participate. If you send an objection or comment, you don’t have to participate in the court proceeding. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to participate, but it’s not required.

You may speak at the hearing if, on or before May 1, 2025, you filed an objection to the Settlement and a Notice of Intent to Appear.

These FAQs summarize the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here. You may contact the Settlement Administrator at info@bronxzooticketfeesettlement.com, or write with questions to The Bronx Zoo Ticket Fee Settlement, P.O. Box 2681, Portland, OR 97208-2681. You can call the Settlement Administrator at (888) 869-1819 or Class Counsel at (646) 837-7150, if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on the case website.