Museum of Ice Cream Ticket Fee Litigation

A Court authorized the notice because you have a right to know about this class action lawsuit and about all of your options before the Court holds a trial. The notice explains the lawsuit and your legal rights.

The trial is to decide whether the claims being made against Defendant, on your behalf, are correct. Justice Lizette Colon of the Supreme Court of the State of New York, County of Richmond, is overseeing this class action. The lawsuit is known as Cammayo v. 1AND8, Inc. d/b/a Museum of Ice Cream, Index No. 150173/2024.

In a class action, one or more people called class representatives (in this case, Plaintiff Katherine Cammayo) 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 Class.

The lawsuit claims that Defendant failed to properly disclose ancillary fees for electronic tickets to its Museum of Ice Cream NYC prior to those tickets being selected for purchase, in alleged violation of ACAL § 25.07(4) and failed to clearly and consciously disclose the portion of the ticket price that represents ancillary fees, inalleged violation of the same statute. Defendant disputes that it failed to sufficiently disclose ancillary fees for electronic tickets and denies that it violated any law.

The Court has allowed the lawsuit to be a class action on behalf of two classes:

1. Nationwide Class: “All individuals who purchased tickets to the Museum of Ice Cream NYC from Defendant’s website museumoficecream.com or from BucketListers, Inc.’s website bucketlisters.com from August 29, 2022 to March 27, 2024.”
2. New York Subclass: “All individuals in New York who purchased tickets to the Museum of Ice Cream NYC from Defendant’s website museumoficecream.com or from BucketListers, Inc.’s website bucketlisters.com from August 29, 2022 to March 27, 2024.”

The Court decided that this lawsuit can proceed as a class action because it meets the requirements of New York Civil Practice Law & Rules 901 and 902, which governs class actions in New York.

Plaintiff Katherine Cammayo alleges that Defendant failed to properly disclose ancillary fees for electronic tickets to its Museum of Ice Cream NYC prior to those tickets being selected for purchase, in alleged violation of ACAL § 25.07(4) and failed to clearly and consciously disclose the portion of the ticket price that represents ancillary fees, in alleged violation of the same statute. You can read Plaintiff’s Complaint here.

Defendant denies any wrongdoing and denies Plaintiff’s allegations. You can read Defendant’s Answer to the Complaint here.

The Court has not decided whether the Defendant or the Plaintiff is correct. By establishing the Class and issuing the notice, the Court is not suggesting that the Plaintiff will win or lose this case. The Plaintiff must prove her claims in the litigation, including at a trial, if necessary.

The Plaintiff is generally asking Defendant to provide a full refund of the ancillary fees she paid in connection with her purchase of tickets to the Museum of Ice Cream NYC. Plaintiff alleges these are her actual damages. Plaintiff is also asking for Defendant to pay her attorneys’ reasonable fees.

No money or benefits are available now because the Court has not yet made a final decision whether Defendant did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to ask for a share.

You do not have to do anything now if you want to retain the possibility of getting money or benefits from this lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Class is awarded money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement).

Keep in mind that if you do nothing now, regardless of whether the class Plaintiff win or lose the trial, you will not be able to separately sue, or continue to sue, Defendant – as part of any other lawsuit – for the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.

If you exclude yourself from the Class – which is sometimes called “opting-out” of the Class – you will not get any money or benefits from this lawsuit even if the Plaintiff obtains them as a result of the trial or from any settlement (that may or may not be reached) between Defendant and Plaintiff. However, you may then be able to separately sue Defendant for the legal claims that are the subject of this lawsuit. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

If you bring your own lawsuit against Defendant after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims.

To exclude yourself from the Class, you must send a request for exclusion postmarked no later than December 2, 2025, to:

Museum of Ice Cream Ticket Fee Litigation
c/o Administrator
P. O. Box 3319
Portland, OR, 97208-3319

Your request for exclusion must contain:

1. the name of this lawsuit, “Cammayo v. 1AND8, Inc. d/b/a Museum of Ice Cream, Index No. 150173/2024”
2. your full name, current address and email address
3. a clear statement of intention to exclude yourself such as “I wish to be excluded from the Class”; and
4. your signature.

You may also get an Exclusion Request form here.

The Court appointed Philip L. Fraietta, Stefan Bogdanovich, and Eleanor R. Grasso of Bursor & Fisher, P.A. to represent the Plaintiff and all Class members as “Class Counsel.” More information about these lawyers, their law firm, and its practices, is available at www.bursor.com.

If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel are working on your behalf. However, if you want your own lawyer, you will be responsible for paying that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel get money or benefits for the Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Defendant.

As long as the case is not resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiff’s claims in this litigation, including at a trial if necessary. There is no guarantee that the Plaintiff will win, or that they will get any money for the Class. The trial date has not yet been determined.

You do not need to attend the trial. Class Counsel will present the case for the Class members, and Defendant will present the defenses. You are welcome to come at your own expense.

If the Class obtains money or benefits as a result of the trial or a settlement, you will be notified about how to participate.

This website summarizes the lawsuit. You may also contact Class Counsel:

by email at info@bursor.com

or the Settlement Administrator

by writing to:

Museum of Ice Cream Ticket Fee Litigation
c/o Administrator
P. O. Box 3319
Portland, OR 97208-3319