More Class Action For TM
The first suit, filed by Michael Kelly in Newark, N.J., federal court May 11, claims Kelly attempted to purchase tickets through Ticketmaster Jan. 24 for The Dead, but was “rerouted” to TicketsNow (TM has said patrons were never redirected to TicketsNow, but rather were provided the option to visit it). There, Kelly was charged nearly $830 for four tickets. The complaint alleges Kelly was not informed of the tickets’ face value ($99) until he received them in the mail.
“Within literally minutes of tickets going on sale by Ticketmaster, and often less than one minute later for high-demand events, those tickets are being offered for resale in the secondary market by TicketsNow at greatly inflated prices,” the suit says.
Kelly’s complaint seeks class action status on behalf of consumers who were directed from the TM site to TicketsNow and purchased tickets above face value after Jan. 15 (excluding the Bruce Springsteen fans with whom the company previously settled).
Just days later, John O’Hurley of Massachusetts filed another proposed class-action complaint that alleges TM and TicketsNow have engaged fraudulent misrepresentation, conspiracy and unjust enrichment.
O’Hurley apparently had a similar experience to Kelly when he attempted to purchase two tickets to a Phish concert Jan. 31 and was “redirected” to TicketsNow.
He claims he purchased two tickets at TicketsNow for a total of $455.50 but 10 minutes later received an e-mail stating he had ordered nine tickets, face value $90 each, but was charged $2,064.25.
“Defendants’ practices, among other characterizations, constitute a straightforward ‘bait and switch’ scheme,” according to O’Hurley’s suit.
Both suits are seeking actual and punitive damages, injunctive relief and attorneys’ fees.