StubHub, Vivid Seats, TicketNetwork, FanXChange & SeatGeek Hidden Fees and Illegal Pricing Class Action;
Quebec Superior Court file #
What this case was about:
Plaintiff alleged that Defendants violate paragraph c of section 224 of Quebec’s Consumer Protection Act by charging a higher price than that advertised for their tickets (by way of hidden fees, which are added on to the ticket price after the first step of the purchase process). Plaintiff further alleged that Defendants unlawfully sold tickets to consumers above face value, in violation of section 236.1 of Quebec’s Consumer Protection Act. These allegations were never proven in Court.
Every consumer, pursuant to the terms of Quebec’s Consumer Protection Act (“CPA”), residing in Quebec at the time of purchase, who since August 28th, 2012 (the “Class Period”), while physically located in Quebec, has purchased from any of the Respondents or the Vivid Seats Subsidiary Clients at least one “Ticket” (as defined in section 236.1 CPA as meaning any document or instrument that upon presentation gives the ticket holder a right of entry to a show, sporting event, cultural event, exhibition or any other kind of entertainment) either:
(a) at a price above that announced by the vendor authorized to sell the Tickets by the producer of the event; and/or,
(b) who paid a price higher than the price advertised by Respondents on their respective websites and/or mobile applications (at the first step), excluding the Quebec sales tax or the Goods and Services Tax;
Terms of the Settlement:
Compensation to Class Members under the terms of the Settlement Agreement, still subject to Court Approval, is as follows:
- Each eligible class member shall receive a single, non-transferable and non cash-convertible CAD $24.29 Coupon applicable to the purchase of any Ticket, in full and complete settlement of the claims of the class members.
Additionally, the Defendants (StubHub, Vivid Seats, TicketNetwork, SeatGeek and FanXchange) would also implement a business practice change to its Quebec on-line transaction process pursuant to which a ticket price announced to a Quebec consumer for an event in Quebec at the first step of said process will be a price inclusive of applicable Service Fees (all-in) except for taxes and optional costs or services (paper tickets, delivery, etc.).
This class action was authorized for settlement purposes only by the Honourable Kirkland Casgrain, J.C.S., of the Superior Court of Quebec on January 24, 2018. Following the intervention of a non-class member, the Court raised certain issues with the proposed transaction. The Plaintiff attempted, unsuccessfully, to address some of these issues with the Defendants. On April 24, 2019, given the Defendants refusal to address the Court’s concerns, Plaintiff advised the Court that he would not proceed on his Application for Settlement Approval and on May 3, 2019, asked the Court to proceed with an authorization hearing against the Defendants. On July 10, 2019, the Plaintiff filed an Application for permission to withdraw from his Application asking for settlement approval.
This page will be updated when the Court renders its next decision in this matter.