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On Tuesday, a New Jersey federal judge preliminarily approved a class action settlement involving allegations that Live Nation Inc. charged mandatory fees in violation of state law. If granted final approval, the Live Nation ticket fee settlement will provide free tickets and coupons for a future ticket discount to eligible Class Members.
Plaintiff Michael Katz initially filed the class action lawsuit against Live Nation in June 2009, claiming that the company and several other ticket sellers violated the New Jersey Consumer Fraud Act and the New Jersey Truth in Consumer Contract, Warranty and Notice Act. He claimed that Live Nation illegally added a $6 parking fee to each ticket at the PNC Bank Arts Center and that the company’s “No Service Fee Wednesday” promotion was misleading because it increased the base price of the tickets during the promotion. Plaintiff Clifford Davidson filed a similar class action lawsuit, and the two actions were subsequently consolidated.
After several months of negotiations, the parties agreed to settle the class action lawsuit, though Live Nation does not admit to any wrongdoing. Under the terms of the class action settlement, all Class Members who submit a claim will be entitled to three general admission tickets to certain events at the PNC Bank Arts Center, plus a coupon for $5 off the price of future tickets. An estimated 363,000 people will be eligible to receive benefits from the settlement.
U.S. District Judge Douglas E. Alpert approved the Live Nation class action settlement, finding that the agreement “is fundamentally fair, reasonable, adequate and is in the best interest of the Settlement Class Members, especially in light of the benefits achieved on behalf of them; the risk and delay inherent in litigation; and the limited amount of any potential recovery that could be shared by the Settlement Class Members.”
Judge Alpert also granted preliminary approval to a settlement class, which includes any person who purchased a ticket over the Internet for an event at the PNC Bank Arts Center in an electronic transaction through livenation.com or ticketmaster.com between June 23, 2003 and June 15, 2011.
A Final Fairness Hearing has been scheduled for March 28, 2014.
Under the terms of the Live Nation class action settlement, the Settlement Administrator will establish a settlement website and issue a notice to potential Class Members. Further updates were not available. UPDATE: Details on how to file a claim can be found here. The Settlement Website is www.LiveNationSettlement.com.
The plaintiffs are represented by Andrew R. Wolf of The Wolf Law Firm LLC and Olimpio Lee Squitieri of Squitieri & Fearon LLP.
The Live Nation Ticket Fee Class Action Lawsuit is Katz, et al. v. Live Nation Inc., et al., Case No. 3:09-cv-03740, in the U.S. District Court for the District of New Jersey.
UPDATE 2: A federal judge granted final approval to the Live Nation ticket fee class action settlement on March 28, 2014, at the Final Fairness Hearing.
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UPDATE 2: A federal judge granted final approval to the Live Nation ticket fee class action settlement on March 28, 2014, at the Final Fairness Hearing. More info: http://topclassactions.com/lawsuit-settlements/lawsuit-news/22400-live-nation-ticket-fee-class-action-settlement-gets-final-approval/