October 22, 2024
The woman who voiced Wildwood's famous boardwalk tram alert – "Watch the tram car, please" – is suing the Jersey Shore town, claiming the clip has been used commercially without her consent.
Floss Stingel, of North Wildwood, recorded the line in 1971 as a favor for her then-boyfriend, who worked for the owners of the Wildwood tram. Stingel previously had voiced commercials for the South Jersey Gas Company.
The lawsuit filed Monday in New Jersey's Superior Court alleges Wildwood and others monetized the recording without providing Stingel compensation beyond "occasional free tram tickets." It demands Stingel be paid for the "misappropriation of her likeness," claiming the defendants "unfairly benefitted" from her voice recording.
The lawsuit does not cite a specific amount sought by Stingel, but it calls for the profits "attributable" to the use of her voice recording be determined. It argues "people travel to the Wildwoods to hear Ms. Stingel's voice and specific presentation," pointing to the use of the slogan at public events, on tourism websites, at museums and on memorabilia.
The Wildwood Sightseer tram operates on the boardwalk from Cresse Avenue in Wildwood Crest to 16th Avenue in North Wildwood. Stingel's attorneys claim the tram makes $2.5 million annually, noting its $5 fares. They estimate Stingel's recording can be heard 6,000 times per day.
Several organizations are named as defendants in the lawsuit, including the Wildwood Business Improvement District, Boardwalk Special Improvement District, Wildwood Historical Society and George F. Boyer Museum, Morey's Piers & Beachfront Waterparks and St. George's Stores.
Patrick Rosenello, executive director of the improvement districts, declined to comment, saying the organizations have not yet been served.
In 2015, Wildwood threatened Atlantic City with legal action after Atlantic City's trams began using the exact message, forcing Atlantic City to adopt a new phrase.