Ticketmaster settles, or do we?

[johnnYYac]

Thought this might deserve its own thread, though already posted in The Shows section.

Score one for the little guy?  Or does Ticketmaster win?

Seems that, if you bought tickets through Ticketbastard between 10/21/99 and 10/19/11, you are eligible for a $1.50 credit for each ticket purchased to a maximum of 17 credits.  They can then be used, no more that two at a time ($3), for future ticket purchases via Ticketfucker. 

http://www.ticketfeelitigation.com

SUPERIOR COURT OF THE STATE OF CALIFORNIA - COUNTY OF LOS ANGELES

CURT SCHLESINGER and PETER LO RE,
on behalf themselves and the Class,
         v.
TICKETMASTER, a Delaware Corporation

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION

WHAT THIS CASE IS ABOUT:

       Plaintiffs have alleged that Ticketmaster deceived and misled customers by representing that the Delivery Price was a pass-through of the amount that UPS charged Ticketmaster for that delivery and that Ticketmaster's OPF was also deceptive and misleading in that it did not actually represent Ticketmaster's costs in processing orders but rather was a profit generator which Ticketmaster required customers to pay.

       Ticketmaster denied all of these allegations, and has defended this litigation for the past eight years. In addition to denying the merits of Plaintiffs' claims, Ticketmaster opposed Plaintiffs' request that the Court certify this case as a class action.

       On February 5, 2010, the Court certified the case as a class action only on behalf of California residents who purchased tickets from the Website, including a subclass of consumers who also purchased UPS delivery for those tickets. Plaintiffs appealed that decision, to the extent the Court did not include consumers residing outside of California. In September, 2010, the Appellate Court ordered that the case should be certified as a nationwide class action, and the trial court thereafter issued an Order certifying a nationwide class covering purchases made from the Website from October 21, 1999 through May 31, 2010. In October 2010, pursuant to Court Order, Notice was sent via email, and published in the USA Today, advising members of the foregoing class of the certification and of their opportunity to opt-out of this case. Accordingly, this case is proceeding as a class action on behalf of that class. The class also has been expanded, by stipulation of the parties and order of the court , for purposes of this Settlement only, to include all consumers who (1) purchased tickets on Ticketmaster's website from June 1, 2010 through October 19, 2011, (2) paid money to Ticketmaster for an OPF that was not refunded, (3) did not and do not opt-out of the class, and (4) were residents of one of the fifty United States at the time of their purchase.

This proposed settlement ("Settlement") is on behalf of a nationwide class of consumers (the "Class") who (1) purchased tickets on Ticketmaster's website, www.ticketmaster.com ("the Website") between October 21, 1999 and October 19, 2011 (the "Class Period"), (2) paid money to Defendant Ticketmaster for an Order Processing Fee ("OPF") that was not refunded, (3) did not and do not opt-out of the Class, and (4) were residents of one of the fifty United States at the time of their purchase.

If you take no action, and the settlement is approved by the Court, you will automatically receive, via email at the most recent email address associated with your purchases on Ticketmaster.com, discount codes ("Codes") which can be used for future purchases for U.S. events from Ticketmaster's Website (except for events at venues owned or operated by AEG as set forth in the Settlement Agreement). For each transaction that you made during the Class Period, you will receive one code via email for a $1.50 discount, up to a maximum of 17 codes. This does not include the additional benefits, for the UPS Subclass members, which are described below. The Codes may be combined up to a maximum of two credits ($3.00) that may be applied on future transactions as described above. The Codes are non-transferable, expire 48 months from distribution, and may be redeemed only for purchases made using the email address to which they were sent (or an updated address provided to the Claims Administrator or Ticketmaster and verified as belonging to the Class Member).

[johnnYYac]

It still seems like we've been screwed as usual.

[johnnYYac]

When I got this via email this morning, my initial reaction was joy... that TM was going to be held accountable for excessive, profit-generating fees.  Now it looks like they're going to reap the benefits, as all of us who might receive these credits will have to spend 'em buying tickets from Ticketmaster!  I want cash!!!  Now!!!  :)

[Fully]

I do too. What kind of punishment is it that gives the consumer a "reward" that requires them to use it to purchase more of the product from the infringer? Of course, I'll continue to use tm because what other option does anyone really have, but it pisses me off to no end that the only way that anyone gets compensation is by purchasing more tickets from them. They win either way. Occupy Ticketmaster!

[blucas]

With $16+ million in attorneys fees pumped into the system and a "wink wink" slap on the hand, ticketrapist just secured themselves the ability to continue screwing us...ugh.

[ericm]

With $16+ million in attorneys fees pumped into the system and a "wink wink" slap on the hand, ticketrapist just secured themselves the ability to continue screwing us...ugh.

Ticketbastard strikes again. ::)

What's the bet ticket prices, and or fees will suddenly increase to offset this "big" credit we'll be using.

What's the deal with the max of 17 credits? I'm sure there are plenty of peeps who bought more than 17 tix over those twelve years. Pretty lame, but not surprised.

[rusty95]

two credits per transaction? 3.00 discount? wtf, TM will not feel this and either will us consumers.

At least a 17 credit discount on One single transaction would make you feel like you got something back.

what a fuckin' joke,

[YouAre_GivenToFly]

Sonofa.... I maxed out on credits with my 2010 purchases alone.

[el_chode]

They feel it, trust me. The benefit of large class actions are not rewards for the class (usually, only a nominal amount as a symbol of the wrong) but an expensive, drawn out legal process that forces the company to change in a way they otherwise would not had the lawsuit not happened.

People often hate the notion because it looks like attorneys take all the money, but it's often the only way to get a company to listen.

The real crime here is TM's silent monopoly when there's often not any other viable vendor of tickets.

[ericm]

They feel it, trust me. The benefit of large class actions are not rewards for the class (usually, only a nominal amount as a symbol of the wrong) but an expensive, drawn out legal process that forces the company to change in a way they otherwise would not had the lawsuit not happened.

People often hate the notion because it looks like attorneys take all the money, but it's often the only way to get a company to listen.

The real crime here is TM's silent monopoly when there's often not any other viable vendor of tickets.

I agree with you for the most part, but lets not lose sight of the real crime that they're having to pay up for. Over charging for arena fees/transaction fees, and trying to make money off their shipping methods. They got caught and hopefully now, like you said, at least maybe that will change.

[blucas]

Pardon my skepticism, but the big question here is why there is no jail time...I'm no attorney, but this sure feels like FRAUD to me.  Corporations own our government and ticketmaster, with all of their bulk, likely pre-negotiated the results of the suit in a manner that looks penal to them on the surface but allows them continue to conduct business as usual as a monopoly.

[el_chode]

Pardon my skepticism, but the big question here is why there is no jail time...I'm no attorney, but this sure feels like FRAUD to me.  Corporations own our government and ticketmaster, with all of their bulk, likely pre-negotiated the results of the suit in a manner that looks penal to them on the surface but allows them continue to conduct business as usual as a monopoly.

Corporations aren't my strong point in legal practicality, only philosophy. However, to put a "corporation" in jail you need to prove the CEO was directly involved in the fraud. It's easier said than done. This is why Enron was such a big deal, and why the recent semi-collapse of the banks SHOULD be a big deal.

The other difficulty is that they don't fit nicely into an anti-trust or monopoly-bust suit because they sort of just became big without doing the other legalish things that would be necessary to take them down that way.

I mean when you think about it - most people do not have a choice as to how they get tickets in practice. In theory, there's always the box office. But how feasible is that for 99% of people.

[woodnymph]

Ummagumma... I just now got this email.... like, right now.

What a crock

[Luna Moth]

1.50x2 + 5 bucks if you used UPS + no more fraudulent fees. thats around 15 bucks. would be 50 dollar tickets costs 35 until you run out... thats not too bad.