StubHub Class Action Settlement to Provide Credits For Tickets Purchased

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Update: 

• StubHub has reached a settlement with consumers over its refund policies during the pandemic, which included allegedly withholding refunds from consumers who bought tickets to events that were later canceled, postponed or rescheduled due to COVID-19.
• The proposed settlement, filed May 10 in a Montreal court, only applies to StubHub customers, not to customers of co-defendant Ticketmaster. 
• The settlement class includes Quebec consumers who purchased one or more tickets from StubHub before March 11, 2020, for an event scheduled to take place after March 11, 2020, for which event was subsequently either canceled, postponed or rescheduled without a full refund being provided by StubHub, according to court filings.
• Members of the class can either get a 120% StubHub credit on their tickets, or a refund of the initial price.

(May 28, 2020)

Ticketmaster is facing a class action lawsuit alleging it implemented an “abusive” refund policy in order to withhold refunds from consumers who bought tickets to events that have since been cancelled, postponed or rescheduled due to the COVID-19 pandemic.

The World Health Organization (WHO) declared COVID-19 a pandemic on March 11. Governments around the world, including in Canada, responded to the COVID-19 crisis by prohibiting large events and gatherings of people. Currently, no dates or timeline has been announced as to when large concerts, shows and other events can be held again in Canada as there is currently no treatment or vaccine available to treat or prevent the disease.

According to the Ticketmaster refund class action lawsuit, Ticketmaster’s policy prior to the COVID-19 pandemic was to immediately refund customers for the amounts they paid for event tickets if the event was cancelled, postponed or rescheduled.

On March 12, however, Ticketmaster reportedly abruptly changed its policy so that it would only issue refunds for cancelled events after 30 days, and that the event promoters or organizers would be responsible for offering refunds or credits if Ticketmaster deemed the event to be postponed or rescheduled.

The Ticketmaster refund policy change led to serious backlash from angry consumers who are concerned that COVID-19 restrictions will impact concerts and other events far into the future.

“The Class Members who purchased tickets and/or other services on Defendants’ websites never contracted with the event organizers or promoters directly,” according to the Ticketmaster refund class action lawsuit. “The Class Members only contracted with and communicated with Defendants’ Ticketmaster website in this regard and therefore it is the Defendants who have the obligation to refund the Class Members in the case of cancelled, postponed or rescheduled events.”

According to the Ticketmaster refund class action lawsuit, Ticketmaster has “abusively labeled hundreds of events on its website as either postponed or rescheduled” without informing consumers if or when the events will take place. The plaintiff says this represents “a blatantly bad faith attempt to withhold and retain the Class Members’ money indefinitely.”

Ticketmaster’s website reportedly still lists upcoming events as if they will still be held on the date they were originally scheduled even though it is evident that the events will need to be cancelled or postponed due to the COVID-19 pandemic and restrictions on public gatherings.

According to the Ticketmaster refund class action lawsuit, the Ticketmaster defendants should label upcoming events as cancelled and immediately provide refunds to Class Members per the refund policy that was in place when they purchased their tickets.

“Instead, Defendants decided to illegally withhold and hold hostage the Class Members’ money, for Defendants’ own financial gain and to the detriment of the Class Members’ wellbeing,” the Ticketmaster refund class action lawsuit says.

On Jan. 16, the plaintiff says he paid $250 for two event tickets and parking for an event that was scheduled to take place on May 17. On April 15, he allegedly received an email from Ticketmaster that the event would be held on an undetermined future date and that he should hold on to his tickets. He says it is impossible for Ticketmaster to confirm that the event is still happening and that the ticket seller used that language in order to illegally withhold his money.

The plaintiff says he would not have purchased the tickets if he had known Ticketmaster would fail to issue a refund if the event was postponed or rescheduled. He says the event is “clearly cancelled” but Ticketmaster is “in bad faith refusing to deem it as cancelled.”

By filing the Ticketmaster refund class action lawsuit, the plaintiff seeks to represent himself and a proposed Class of anyone in Canada who purchased at least one ticket from the Ticketmaster defendants before March 11 for an event that was scheduled to take place after that date, and for which the event was subsequently cancelled, postponed or rescheduled without a full refund being issued by the defendants.

“During this pandemic and crisis, with many Class Members either sick or out of work and with no income for the foreseeable future, said Class Members require their refund immediately for rent and groceries, etc.,” the Ticketmaster refund class action lawsuit says.

The defendants named in the Ticketmaster class action lawsuit include Ticketmaster Canada Holdings ULC, Ticketmaster Canada ULC and Ticketmaster Canada LP.

Did you purchase event tickets from Ticketmaster? Has the event been cancelled, postponed or rescheduled? Tell us your story in the comment section below! 

The plaintiff is represented by Joanie Lévesque of Lex Group Inc.

The Ticketmaster Refund Class Action Lawsuit is M.A. v. Ticketmaster Canada Holdings ULC, et al., Case No. 500-06-001066-204, in the Superior Court of Québec, Montreal, Canada.

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