LN Faces Class Action Over NY Fees

A New York man filed a class-action suit against Live Nation for alleged false advertising when the actual cost of a ticket to a Rascal Flatts show at Nikon at Jones Beach Theatre didn’t match the amount posted on the company’s website.

David Himber of Hempstead, N.Y., filed the suit on behalf of 60,000 concertgoers per season who are “victimized” by the practice of “advertising one price for a ticket and then charging a higher price when people arrive at the box office,” according the New York Daily News.

Himber says the price for the Sept. 1 event was advertised as $49.50. He claims he went to the venue’s box office to purchase the ticket, only to find a $6 surcharge was added making the price $55.50. He bought three tickets at that price anyway.

“The advertised price is available to nobody,” attorney Abraham Kleinman told the Daily News. Live Nation does not comment on pending litigation. Turns out Himber has some experience with federal courts.

According to the paper, he has filed three previous suits in Long Island U.S. District Court – one against the Automobile Club of New York for printing too much credit card information on a receipt; another against Intuit, which assessed insurance fees for check stock; and reportedly settled yet another claim against Walmart.