Secondary Market Event Ticket Sales Class Action
Plaintiff alleged that a number of online ticket sales companies, including VIAGOGO AG, violated paragraph c of section 224 of Quebec’s Consumer Protection Act (“CPA”) 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 these companies unlawfully sold tickets to consumers above face value, in violation of section 236.1 CPA. All of the Defendants have agreed to settle this class action and modify the way they display tickets online to Quebec consumers. The Superior Court of Quebec authorized the class action against VIAGOGO AG on January 22, 2020. On October 1, 2020, VIAGOGO AG signed an agreement to settle the class action, without any admission of liability.
Every consumer, pursuant to the terms of Québec’s Consumer Protection Act (“CPA”), residing in Québec at the time of purchase, who from June 23rd, 2013 to January 22, 2020 (the “Class Period”), while physically located in Québec, has purchased from Viagogo’s desktop website or mobile application at least one “Ticket” (as defined in s.(1d.1) CPA as meaning any document or instrument that, on presentation, grants the ticket holder admission 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 Viagogo on its website and/or mobile application (at the first step), excluding the Québec sales tax or the Goods and Services Tax;
Compensation to Class Members under the terms of the Settlement Agreement, still subject to Court Approval, is a single cash payment of CAD $50.00 via Interac e-transfer (or via cheque for those members who do not have a valid bank account at a Canadian financial institution), in full and complete settlement of the claims of the group members. Only one payment will be made per class member.
The Superior Court of Quebec authorized this class action against VIAGOGO AG on January 22, 2020. The parties have since agreed to a settlement. On October 16, 2020, the Court approved the pre-approval notices and scheduled the hearing to approve the settlement for December 16, 2020, at 2:00 p.m. in room 2.08 of the Montreal Courthouse. The important notice is available below.
RazorGator Inc., a California corporation, was initially named as one of the Defendants in this class action. On February 27, 2018, RazorGator, Inc. made a General Assignment for the Benefit of Creditors to RG (assignment for the benefit of creditors), LLC, a California limited liability company, pursuant to the California Code of Civil Procedure, Chapter 13 (Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors [493.010. – 493.060.]). In these circumstances, the Plaintiff discontinued the action in favour of RazorGator Inc. on February 5, 2020. A copy of the judgment authorizing the discontinuance is accessible below.