Last month, a consumer class action lawsuit was filed against the online ticket retailer Vivid Seats. The Vivid Seats Class Action Lawsuit alleges that the company falsely advertised “the nature, quality, and price of event tickets”. Moreover, it is claimed that Vivid Seats engages in speculative selling (that’s when a seller takes orders for tickets without actually first having the tickets in its possession but rather buys the tickets once it makes a sale) despite Vivid Seats’ policy prohibiting the practice and without disclosing that it engages in speculative selling to purchasers who are buying tickets. It is also alleged by the plaintiff that he paid three times more for speculative seats than he would have if he purchased them somewhere else. You can refer to the case by the name Giesea et al v. Vivid Seats LLC, Case No. 18-cv-1776, N. D. CA. Here’s what we know about the Vivid Seats Lawsuit:
The Vivid Seats Class Action Complaints states the following, “Consumers purchase Defendant’s pre-sale tickets advertised to be of a certain nature and quality, and in the case at bar, it did so under the impression that consumers are purchasing available tickets for a particular event for a set price and not a speculative one. Consumers rely on the representations and advertisements of online ticket retailers in order to know the price of tickets for the different events advertised. Details as to the nature and quality of the service, such as whether the tickets are actually available to be purchased at the time purchased, are important and material to consumers at the time they purchase said tickets for the event, as consumers are sensitive to the nature and quality of the price they pay for the tickets for the events they wish to enjoy. Defendant is engaged in the, marketing, supplying, and distributing of pre-sale tickets for various events that are worth far less than advertised by Defendant, and the true nature and quality of the ticket value is neither disclosed to consumers nor discoverable by the same at the time of purchase. When consumers purchase the tickets from Defendant, they reasonably believe that they are actually purchasing tickets from the ticket purchasing service, that are of the nature and quality that was advertised and disclosed at the time they agree to purchase said product. Defendant profits from the use of their product. Many consumers would not have purchased or attempted to purchase tickets through their platform
if they were paying a speculative price, or they would have purchased their tickets from another competitor. In Plaintiff’s case, Defendant engage in speculative selling tickets for a particular event, in contradiction with their policy of prohibiting speculative selling of tickets, which was not disclosed to Plaintiff at the time he purchased the tickets from Defendant. Defendant conceals the fact that its service is not going to be of the nature and quality advertised in order to deceive consumers into utilizing their service that is different from that which is advertised. Defendant does not present consumers with a written copy of the correct terms of the purchase prior to purchase, in order to conceal the deception that is at issue in this case. Defendant makes written and oral representations to consumers which contradict the actual nature and quality of the service that will be delivered to the consumer after the consumer purchases the service. The aforementioned written and oral representations are objectively false, and constitute false advertising under Cal. Bus. & Prof. Code §§ 17500 et. seq. an unlawful, unfair, or deceptive business practices under Cal. Bus. & Prof. Code §§ 17200 et. seq. Defendant’s violations of the law include without limitation the false advertising, marketing, representations, and sale of the falsely advertised Class Products to consumers in California. On behalf of the class, Plaintiff seeks an injunction requiring Defendant to cease advertising and selling the Class Products in a manner that is deceptive, to disclose the true nature and quality of its services in a conspicuous manner at or prior to the point of sale, and an award of damages to the Class Members, together with costs and reasonable attorneys’ fees.”
A full copy of the Vivid Seats Lawsuit Complaint is below:
Editor’s note on the Vivid Seats Class Action Lawsuit:
This piece is written about the recent Vivid Seats Lawsuit. If you are considered eligible to be among the class of consumers described in the class action, you may eventually be able to participate in receiving any compensation the court may award.
If you believe that what is alleged in the Vivid Seats class action has affected you, please don’t hesitate to reach out to us. We’d be happy to help you take a step in the right direction, fight this issue, and better enable you to join the consumer class action. If interested, please send an email to Outreach@ConsiderTheConsumer.com, find us on Twitter or Facebook, or even connect with us directly on our website! We look forward to hearing from you all.