A class-action lawsuit and backlash from customers has forced a Del Mar company that operates portable charger swapping machines at Disneyland and Disney World to relent on a plan to start charging a recharging fee after promising “unlimited free swaps.” 

FuelRod will not move forward with a plan to implement a $3 portable charger swap fee at the Disneyland and Walt Disney World resorts until further notice, Disney officials said.  Guests can continue to swap their portable chargers at no additional cost at FuelRod owned and operated kiosks at the Disney parks, Disney officials said. 

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A class-action lawsuit filed on Oct. 25 by a Los Angeles law firm sought $5 million in damages from Tricopian Inc. and SaveMe Batteries North America, the parent companies of FuelRod that operate portable charger swapping machines at Disneyland, Disney World, Universal Studios, SeaWorld and other theme parks. 

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The suit was filed by the L.A. law office of Francis J. Flynn Jr. in the U.S. District Court for the Southern District of California in San Diego on behalf of plaintiff Gabriel Veasey of Sarasota, Florida. 

Veasey bought a $30 FuelRod portable charger at Walt Disney World that included “free unlimited swaps” at a kiosk machine.  The company later announced that swapping would cost $3 each time beginning Nov. 1, according to the lawsuit.  The lipstick-sized USB device can be used to remotely charge mobile phones and tablets. 

The lawsuit alleged a breach of contract and false advertising by FuelRod.  The suit claimed there were thousands of potential class-action plaintiffs. 

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FuelRod’s decision not to move forward with the $3 recharging fee at the Disney theme parks was announced today, Nov. 1. 

FuelRod bills itself as a reusable and swappable portable charging system for powering up mobile devices on the go. 

FuelRod kiosks can be found at airports, zoos, hotels and theme parks around the world.  FuelRods are available at Busch Gardens Tampa, Indiana’s Holiday World and Disney, Universal Studios and SeaWorld locations in California and Florida.  FuelRods are also available locally at places like the Santa Ana Zoo, Long Beach Airport and Pala Casino, according to the company’s website. 

The lawsuit alleged that FuelRod fundamentally changed the primary benefit of the product that promised consumers would pay once for the charger and get unlimited free replacements. “ Free unlimited swaps” were an integral part of FuelRod’s marketing message, the lawsuit said. 

The lawsuit claimed consumers could purchase other portable chargers for less than $10 that were less expensive, lasted longer and charged faster than the $30 FuelRod chargers. 

“With the chargers themselves undersized and underpowered as compared to their price tag, why would someone pay $30 for this device?”  the lawsuit said. “ The answer is that they are not simply paying for the device, they are paying for the service that accompanies it.”