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It's Official - TicketBastard going to court


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I certainly do NOT support TicketsNow. Like I said' date=' if TicketMaster intentionally funneled tickets to TN they can absolutely rot in hell. I just think that the chance of that claim being proven is slim to none.[/quote']

How is it possible that tickets were not funneled in some manner to TicketsNow. How would TicketsNow have legitimate tickets for sale within minutes of a general on sale. How was it that TicketsNow were advertising Toronto Springsteen tickets prior to the public on sale. That's the explanations I would like to hear.

And honestly, I'm not a computer guy, but how hard would it be to make some sort of program that automatically transferrs the information from ticketmaster to ticketsnow once tickets are bought? This isn't prior to the on-sale, but it is immediate.

On top of that you've got pre-sales, fan clubs, promotors and record lable tickets etc.

I would think there are lots of ways to get tickets before you're supposed to.

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My two cents - It doesn't seem fair and it probably aint right. But the law is the law and Im sure TB and TN have a good team of lawyers to ensure they aren't breaking any laws.

In my experience, though, working for an ISP and now for a mortgage company, I have seen class action suits be ruled in favour of the plaintiff. Even if TB has all their bases covered, there is still the possibility that they are bending the rules a little too much, and hoefully that gets exploited. I wont be surprised at all though, if nothing comes of this.

Actually, I would guess that ticket master MAY employ different business practices if they feel their image has been tarnished, but they havn't shown in the past that they care about this type of thing anyway.

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My two cents - It doesn't seem fair and it probably aint right. But the law is the law and Im sure TB and TN have a good team of lawyers to ensure they aren't breaking any laws.

In my experience, though, working for an ISP and now for a mortgage company, I have seen class action suits be ruled in favour of the plaintiff. Even if TB has all their bases covered, there is still the possibility that they are bending the rules a little too much, and hoefully that gets exploited. I wont be surprised at all though, if nothing comes of this.

Actually, I would guess that ticket master MAY employ different business practices if they feel their image has been tarnished, but they havn't shown in the past that they care about this type of thing anyway.

The reality is likely that no one will get any money other than the lawyers that bring the action. The amounts are very low. If they get certified as a Class Action then that may be enough to warrant them receiving a costs award from Ticketmaster based on doing public justice.

Not sure exactly how it works, but there was talk about this on CBC when the class action was initiated against York/CUPE. Basically the same facts as a few years back where they ultimately lost but the court still awarded the lawyers huge costs for bringing the action.

I mean, think about it, Ticketmaster tickets are not *that* expensive whether through Ticketmaster or TicketsNow when you start adding up the time it would take to give statements, fill out forms, go to court etc. The people that can afford to pay the TicketsNow prices probably have an even higher opportunity cost.

Just to throw the lawyers a bone, I will say that their efforts could assist with changing the system (hopefully) and for that they should be praised.

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"A person who fits within the court's definition of the class is automatically included in the class action unless he or she follows the instructions the court gives on how to be excluded."

I would guess that the amount of money people spent buying tickets through ticketbastard and ticketsnowjob in the last two years would add up to more than just court costs.

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Ticketmaster lawsuit off limits for B.C. residents

With no anti-scalping laws, B.C. can't follow $500-million Ontario class action suit

By Amy O'Brian, Vancouver Sun

February 10, 2009

Angry ticket buyers in British Columbia will not be able to join a $500-million class action lawsuit against Ticketmaster, which has been reselling tickets at marked-up rates under the name TicketsNow.

The lawsuit was filed Monday in Ontario and is based on that province's anti-scalping legislation, which says it is illegal to sell tickets for more than face value.

But because B.C. has no similar legislation, people in this province have little recourse.

"I sympathize entirely," said Luciana Brasil, a Vancouver-based lawyer at Branch MacMaster, which often partners with Windsor-based firm, Sutts, Strosberg LLP. The two firms filed the suit.

"We're bringing the lawsuit based on very specific anti-scalping legislation, which exists in Ontario. We're probably also going to expand to Alberta and Manitoba, where they have the same type of legislation, but unfortunately in B.C. there is no law that prohibits scalping."

The lawsuit was filed in Toronto on behalf of Toronto resident Henryk Krajewski, who his lawyers say paid more than $500 for two tickets to see the Smashing Pumpkins after he tried to buy them for their $130 face value on Ticketmaster's main website. After being denied the tickets on Ticketmaster, he was redirected to TicketsNow, which resells tickets at marked-up prices, but is owned by Ticketmaster.

The lawsuit takes issue not only with Ticketmaster reselling its tickets at higher rates on TicketsNow, but also challenges the corporation on its practice of charging "convenience fees" on tickets.

"The law [in Ontario] says you cannot sell tickets for a price that exceeds the price at which the ticket was first issued," said Brasil.

"And in our view, because you have to pay those fees and charges to get the ticket, in reality, you're paying more for the ticket than the face value."

Valerie MacLean, executive director of the B.C. Crime Prevention Association, says scalping in this province puts the consumer at risk.

"It's a consumer protection issue. The tickets people purchase [from scalpers] may not be valid," she said.

"Why isn't scalping illegal in B.C.?"

A representative for B.C. Solicitor-General John van Dongen said Monday that the ministry is researching the issue of anti-scalping legislation.

Public outrage over Ticketmaster's practices is not new in Vancouver. The Vancouver Sun was flooded with complaints last September when tickets to the AC/DC concert at GM Place sold out in four minutes. And as fast as the $99 tickets disappeared from Ticketmaster's main site, they reappeared on TicketsNow for prices in the $500 range. A few days later, tickets were going for as much as $1,318 each.

Brasil suggests people angered by Ticketmaster's practices lobby their provincial politicians.

"I think people would be really upset with their politicians if it comes to a situation where a person who lives in Ontario is protected

. . . and then British Columbians still have to pay more," she said.

"I'd be surprised if people wouldn't be very upset about that and lobby vigorously."

aobrian@vancouversun.com

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I like this part:

"The lawsuit takes issue not only with Ticketmaster reselling its tickets at higher rates on TicketsNow, but also challenges the corporation on its practice of charging "convenience fees" on tickets.

"The law [in Ontario] says you cannot sell tickets for a price that exceeds the price at which the ticket was first issued," said Brasil.

"And in our view, because you have to pay those fees and charges to get the ticket, in reality, you're paying more for the ticket than the face value."

Imagine getting all those service charges back...

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In the FAQ for TN it does say though that tickets are transferable, which caught me by surprise.

http://www.ticketsnow.com/info/faq.html#ticketsdifferentname

But ya, that's weird.

Also check this. They seemingly absolve themselves from various regional scalping laws:

http://www.ticketsnow.com/Sell_Tickets/Seller_Reference_Guide.html#laws

5. Which states have ticket resale laws?

It is your responsibility to comply with any and all applicable laws. Listed below are the various U.S. states and Canadian provinces that currently possess ticket regulations. Please check to see if your state currently is regulated by any of the following laws. These laws are updated as of January 1, 2008. Though we try to update these laws in timely manner, it is your responsibility to be aware of the laws that apply to them and their location.

State/Province Regulations

Arkansas, Denver (Colorado), Manitoba (Canada), Massachusetts, North Carolina, Oklahoma City (Oklahoma), Ontario (Canada), Portland (Oregon) No more than face value.

Alabama State broker license required.

Alberta (Canada), Tacoma (Washington) No resale above face value.

Florida A seller cannot sell a multi-event or multi-day ticket for more than face value.

Georgia Above face value resale only for licensed brokers and individuals initially purchasing for personal use.

Kentucky, Louisiana, Michigan, Rhode Island Venue consent.

Mississippi No resale above face value to college athletics & events at state-owned buildings.

New Jersey A 25% price cap/50% cap for season ticket holders and brokers.

New Mexico No resale above face value to college athletics.

Edited by Guest
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"A person who fits within the court's definition of the class is automatically included in the class action unless he or she follows the instructions the court gives on how to be excluded."

I would guess that the amount of money people spent buying tickets through ticketbastard and ticketsnowjob in the last two years would add up to more than just court costs.

You missed the point - I personally buy a lot of tickets, but the dollar value, for the past two years, is still well under say $5,000 including all charges etc. Therefore, its not worth it for me to get involved due to the opportunity costs.

The same would be true for most or all people.

So if its not worth it to the people named in the suit (on a purely financial basis) then who is it worth it to? Its worth it to the lawyers who will make big big bucks if successful (a good portion of their costs paid by ticketmaster, and around 30% of anything they recover) but ON TOP of that, there are precedents, e.g. York University, that allow for the UNSUCCESSFUL plaintiff class action lawyers to have their costs paid.

Although, the more I think about it I almost wonder what is involved with being a claimant - it may not be much investment of time.

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Listen, I'm not defending anyone. I am trying to have a rational, intelligent discussion about the issue. The response from most is fuÇk TicketMaster, I hate them blah blah blah. That's not a rational or intelligent response.

Let's find where the intelligence is coming from then shall we??

hmmm....

oh, I see...from PhantasyTourIntelligence.com

Someone on PT posed that question to TicketsNow. They replied stating that licensed brokers are able to replace the "advertised" seat locations with seats is a similar location, meaning they could "speculate" where the tickets they would secure would be located.
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"A person who fits within the court's definition of the class is automatically included in the class action unless he or she follows the instructions the court gives on how to be excluded."

Although' date=' the more I think about it I almost wonder what is involved with being a claimant - it may not be much investment of time.[/quote']

It seems to me from the link in the original post (quoted in part above, and above) that anyone who bought a ticket from either Ticketmaster or Ticketsnow since February, 2007 is automatically a "claimant".

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I don't understand what you're trying to say.

"A class action allows a group of people to have access to the court in situations where the case would be too expensive or too complex for one person to sue on his or her own."

What I'm trying to say is its not worth it and anyone that walked into a lawyer's office and asked about bringing a claim against Ticketmaster for this outside of a class action would be told that it wasn't worth it. As a class action it is worth it because of the positive impact it may have on consumer protection etc., not because of the $14.95 times X number of tickets you may get back for your time.

The real winners will be the lawyers that will run up millions in costs.

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Just to take it a step further, if you look at say, the West Nile Virus, or Hep C / tainted blood class actions, the claimants received settlements of (I don't really know - but for some reason I think it was just under $50,000).

Wasn't worth it to bring seperate actions, the legal costs of that very complex litigation would have been way in excess of the recovery. Group together and presto its worth it.

The difference here is - its still not going to be worth it to anyone but the lawyers! The legal fees will be the biggest part of the recovery and I would anticipate that the claimants will receive a negligible amount, if anything.

(They will get a shot at changing law / perceived justice - which in my less cynical days I may have argued makes it worth it.)

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"How can it be possible for a 3rd party to have enough information about their tickets not yet received to put that information up on Tickets Now for resale within 60 seconds of a general on sale"

I agree is all goes down so fast they try to get you down, you get the thrill of going on and trying to get the tickets you want then you don't get them.. then bam they are right there for you to buy from the same people for triple the cost... just not right

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