Courtney Jorstad  |  April 27, 2015

Category: Consumer News

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NJ-DevilsThe New Jersey Devils professional hockey team was hit with a class action lawsuit by two New York season ticket holders whose accounts were terminated for selling their unused tickets on the retail market.

Plaintiffs Rey Olsen and Alex Olsen were both New Jersey Devils season ticket holders from 2011 through the end of the 2013-2014 season, when their season tickets were canceled.

They explain in their New Jersey Devils class action lawsuit that they are “like many season ticket holders,” and they “were simply unable to attend each and every Devils home game given that there are 40 home games every season” over six months and sometimes twice a week.

In order that the tickets wouldn’t go to waste, Rey and Alex would sell their tickets on the online retail market through websites such as “Stub-hub,” which they claim is a safe and secure website that “offers reliable service and safeguards to minimize the opportunity for fraud in the secondary sale of tickets.”

For this reason Rey and Alex say that the New Jersey Devils has “no justifiable reason to preclude, or penalize, season ticket holders who sell Devils tickets on Stub-hub” by canceling their subscriptions.

In addition, Rey and Alex also claim in their class action lawsuit that they have the “unlimited right” to sell their season tickets online, according to New Jersey law.

They cite the relevant portion of New Jersey law, which says that “nothing shall limit the price for the resale or purchase of a ticket for admission to a place of entertainment sold by any person other than a registered ticket broker, provided such resale or purchase is made through an internet web site.”

According to the published legislative intent about the law, “registered ticket brokers and season ticket holders are allowed to resell tickets at a premium up to 50 percent of the price paid to acquire the ticket, plus lawful taxes.”

Specifically, the legislative intent says that that “this bill would level the playing field for citizens of this state trying to relieve themselves of extra tickets, which would otherwise go unused.”

Rey and Alex claim in their class action lawsuit that there was nothing in the terms and conditions that came with their Devils season tickets that “prohibits or limits a season ticket holders rights to transfer tickets.”

In addition, Rey and Alex claim that according to the Devils’ season tickets terms and conditions, that when the team gives season ticket holders the “right to renew season tickets [it] is an implied right under the season ticket subscription contract.”

However, in their case, the “Devils have unilaterally imposed onerous conditions upon plaintiffs not included within any express or implied terms and conditions of the season ticket subscriber contract.”

The two New York residents allege that the Devils are like other professional sports teams, which “are desperate to control the secondary market for game tickets because” they don’t want to have to compete with secondary resellers.

Rey and Alex are looking to represent a declaratory judgement class for all Devils season ticket holders, a subclass for season ticket holders “whose season ticket subscriptions were not renewed because of their retail resale of individual games,” and a second subclass for those “who were charged copying or other extra-contractual fees imposed upon season ticket holder whom the the Devils identified as competing resellers.”

They claim that the New Jersey Devils have violated the New Jersey Consumer Fraud Act, the Truth-in-Consumer Contract, Warranty & Notice Act, and are seeking declaratory relief.

The plaintiffs are represented by Olimpio Lee Squitieri of Squitieri & Fearon LLP.

Counsel information for the Devils is not yet available.

The New Jersey Devils Season Ticket Holders Class Action Lawsuit is Olsen et al. v. New Jersey Devils LLC, Case No. 2:15-cv-02807, in the U.S. District Court for the District of New Jersey.

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