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Viagogo Settles Swiss Lawsuit, Welcomes Digital Services Act
Viagogo has reached a settlement with the Fédération romande des consommateurs (FRC), the consumer rights organization in Romandy, the French speaking part of Switzerland, on a lawsuit originally filed in 2017.
The settlement sees viagogo make changes to its Swiss website, viagogo.ch, and compensate 807 people, who gave evidence to the FRC, with a total of CHF 100,000 ($113,700).
The settlement means, FRC withdraws a lawsuit originally filed in September 2017 against viagogo with the Geneva Public Prosecutor’s Office for violating the Unfair Competition Act (Federal UCA).
The changes made to viagogo.ch include drawing the attention of customers to the company’s status as a reseller, making it clear they’re not visiting a site officially selected by the promoter of the event in question. “Visitors’ right to information is strengthened by the fact that Viagogo’s status as an intermediary is transparently displayed,” the FRC writes.
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What is more, prices on viagogo.ch are going to be listed “in a complete and continuous manner, as is the placement of tickets,” and the website will reduce its use of pop-up windows that pressure users to complete their orders fast. Professional resellers, and traders, will be “clearly identified.”
Should viagogo fail to meet its commitments, the FRC reserves the option to take the case to court again. However, the association stated, that it “preferred concrete improvements for internet users in the form of changes brought to viagogo’s Swiss website (viagogo.ch), instead of waiting several more years for a final decision.
As Jean Tschopp, head of the FRC’s legal department, stressed in a statement, “in our view, this agreement was the best option faced to a procedure that was getting bogged down and would certainly have taken many more years before a final decision was reached. What’s more, pursuing the legal route wouldn’t have guaranteed a favorable outcome for aggrieved consumers. Even if the courts had [decided] against viagogo, the victims wouldn’t necessarily have received compensation. In this case, the 807 [affected] people will be.”
A statement from a viagogo spokesperson reads, “We are pleased to have reached an agreement with Fédération romande des consommateurs (FRC). As part of this, we have made changes to our Swiss platform (viagogo.ch) to enhance the fan experience for our Swiss customers. viagogo is a safe, secure, and regulated marketplace that is fully compliant in the markets in which we operate.”
The changes made to viagogo.ch are largely in line with the regulations contained in the EU’s Digital Services Act, which came into effect Feb. 17, subjecting online marketplaces to stricter due diligence and reporting requirements, to improve transparency for buyers, and end the various e-commerce tricks used to encourage panic buying.
Commenting on the DSA, a viagogo spokesperson provided the following statement to Pollstar, “We welcome the implementation of the Digital Servies Act on February 17th for all types of digital platforms who target their services to users in the European Union. We’ve dedicated considerable time and effort in preparing for the compliance date and believe these new systems and processes will allow for a more transparent and equitable regulatory regime across the bloc for digital platforms. This consistent approach across the European Union will hopefully allow for a more assured regulatory environment for business and the near 450 million European citizens.”