In November 2022, a class action lawsuit was filed against Ticketmaster and its parent company Live Nation Entertainment over the botched sale of tickets for Taylor Swift’s upcoming concert tour. The lawsuit accuses Ticketmaster of anticompetitive conduct, fraud, and breach of contract related to the presale and public on-sale for Swift’s Eras Tour. Hundreds of thousands of fans experienced website outages, long wait times, and error messages when trying to purchase tickets, resulting in widespread backlash against Ticketmaster. This high-profile lawsuit has renewed scrutiny of Ticketmaster’s dominant position in the ticket sales market and the impact on consumers. But who exactly is responsible for initiating this legal challenge?
The Plaintiffs
The class action lawsuit was filed on behalf of all fans who tried and failed to buy tickets for Taylor Swift’s Eras Tour during the presale and public on-sale in November 2022. Specifically, there are two lead plaintiffs representing the proposed class:
- Sally Peters, a Swift fan from Los Angeles who spent several hours trying unsuccessfully to buy presale tickets.
- Matthew McMillan, a Swift fan from Chicago who encountered errors and was unable to purchase tickets during the public on-sale.
Peters and McMillan brought the lawsuit on behalf of themselves and all other similarly situated Swift fans who were shut out of purchasing tickets. The proposed class could potentially include several hundred thousand members.
The Attorneys
While Peters and McMillan are the face of the lawsuit as lead plaintiffs, the action is being pursued by law firms specializing in antitrust and consumer class action cases:
- Girard Sharp LLP – Leading plaintiffs’ law firm based in California with extensive experience in antitrust litigation against major corporations.
- Chimicles Schwartz Kriner & Donaldson-Smith LLP – Prominent plaintiffs’ firm specializing in consumer class actions and complex litigation.
These law firms were responsible for initiating the lawsuit, drafting the initial complaint, and representing the proposed class. They likely became involved after being approached by frustrated fans like Peters and McMillan following the Ticketmaster presale debacle.
Key attorneys on the case include Daniel Girard and Adam Sharp of Girard Sharp LLP. Girard has overseen major antitrust class actions, including against Apple and Google.
The Claims
The lawsuit makes a number of allegations against Ticketmaster under the following legal claims:
Antitrust Violations
The lawsuit alleges Ticketmaster unlawfully monopolizes the market for primary ticket sales through its anticompetitive practices. This includes leveraging its market dominance to impose higher fees and exploit both venues and ticket buyers.
Fraud
The complaint argues Ticketmaster defrauded consumers by making false representations during the presale and public on-sale, such as promising they could obtain tickets if they waited in the online queue when the company knew such sales would be unlikely due to insufficient ticket inventory.
Breach of Contract
The lawsuit alleges Ticketmaster breached its legal terms of service with consumers by failing to provide proper access to purchase tickets during the presale and public on-sale.
Damages Sought
The lawsuit is seeking compensation on behalf of all impacted consumers under the following damages claims:
- Refunds for consumers who paid for presale tickets or passes but were unable to obtain tickets later on.
- Refunds for consumers who paid fees for the presale and public on-sale but did not receive tickets.
- Compensatory damages to compensate proposed class members for lost time and wages spent trying to buy tickets.
- Punitive and exemplary damages to punish Ticketmaster for intentional misrepresentations and fraudulent conduct.
The total damages sought could amount to tens or even hundreds of millions of dollars if hundreds of thousands of consumers are able to claim losses.
Purpose of the Lawsuit
In announcing the lawsuit, the attorneys stated it is intended to push back against Ticketmaster’s longstanding anticompetitive practices and obtain relief for consumers.
By consolidating many individual claims into a class action, the lawsuit seeks to level the playing field between consumers and Ticketmaster. The proposed class has far more leverage and resources combined than any individual fan.
The lawsuit also brings renewed public scrutiny to Ticketmaster’s dominance and alleged misconduct. The attorneys hope the exposure will prompt regulatory action beyond just financial compensation.
Ticketmaster’s Response
Ticketmaster has denied any wrongdoing and vowed to fight the lawsuit. A company spokesperson called the suit “baseless” and an “attempt to exploit Ticketmaster when it, like many other businesses, is struggling to keep up with massive demand for the new way superstars are touring.”
The spokesperson blamed the presale issues on record demand and an “astounding number of bot attacks” as well as technical problems with vendor services. They stated Ticketmaster will vigorously defend itself in court.
Status of the Lawsuit
As of late 2022, the lawsuit is still in the early stages. After the initial complaint filing, the next steps will include:
- Ticketmaster filing a motion to dismiss
- The plaintiffs opposing dismissal and asking the court to certify the proposed class
- Discovery process where evidence is gathered by both sides
- Potential settlement negotiations
- Trial if no settlement is reached
It likely will take at least a year for this lawsuit to play out and potentially longer depending on appeals and complexities of the case. The attorneys stated they are prepared to litigate the case through trial if Ticketmaster does not agree to a fair settlement.
Key Takeaways
- Individual Swift fans were the driving force behind the lawsuit after having terrible experiences trying to buy tickets.
- Specialist law firms initiated and filed the lawsuit on behalf of a proposed nationwide class.
- The lawsuit makes serious allegations of anticompetitive and fraudulent misconduct against Ticketmaster.
- Billions in potential damages are being sought to obtain compensation for fans.
- The lawsuit aims to reform Ticketmaster’s practices and the industry at large.
- Ticketmaster is vigorously denying the accusations and plans to fight the lawsuit.
- The case will likely take over a year to resolve either through settlement or trial.
The lawsuit represents an inflection point after years of frustration with Ticketmaster. With the law now involved, meaningful changes could finally occur if the case succeeds. For now, Ticketmaster remains defiant and maintains it did nothing wrong despite anger from millions of fans. How the lawsuit plays out in court in 2023 will determine if real accountability is imposed on Ticketmaster.
Conclusion
The class action lawsuit against Ticketmaster was initiated primarily by the plaintiffs’ law firms Girard Sharp LLP and Chimicles Schwartz Kriner & Donaldson-Smith LLP. They filed the lawsuit on behalf of proposed representatives Sally Peters and Matthew McMillan and a nationwide class of all Swift fans impacted by the presale and on-sale debacle. The lawsuit makes serious charges of anticompetitive and fraudulent misconduct against Ticketmaster over the failed ticket sales, seeking substantial damages for consumers. Ticketmaster is vigorously denying any wrongdoing and plans to fight the lawsuit. The outcome of the case in court in 2023 will be pivotal in determining if Ticketmaster is finally held accountable for its actions. While the attorneys drove the filing, the lawsuit originated from the anger and frustration of millions of Taylor Swift fans who had terrible experiences trying to purchase concert tickets. This public discontent finally boiled over into legal action seeking reform of Ticketmaster for the benefit of consumers and the industry as a whole.