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A motion to dismiss a proposed New Jersey Devils class action lawsuit alleging that hockey season ticket holders should be allowed to resell unused game tickets has been denied by a New Jersey federal judge.
Plaintiffs and former season ticket holders Rey and Alex Olsen filed the New Jersey Devils season ticket holders class action lawsuit against the hockey team after being denied a renewal of their season ticket subscriptions. The original complaint alleged the New Jersey Devils violated the Truth-in-Consumer Contract Warrant and Notice Act for the refusal of renewing season passes for ticket holders who resell tickets on the retail market and by imposing extracontractual fees on season ticket holders.
However, since they first filed the New Jersey Devils class action lawsuit, the Olsens have dropped the TCCWNA and instead claim the defendants are in breach of contract and are in violation of the New Jersey Consumer Fraud Act.
The New Jersey Federal Judge Claire C. Cecchi denied the motion to dismiss the class action lawsuit altogether but has allowed the Devils to file a motion to dismiss the amended complaint by Aug. 28.
Plaintiffs Rey and Alex Olsen were season ticket holders from 2011 until the 2013-2014 season when their annual passes were canceled. In the New Jersey Devils motion to dismiss the class action lawsuit, the hockey team claimed that they reserve the right not renew a season ticket holder passes, and the team does not automatically offer current ticket holders the right to renewal.
The plaintiffs alleged that the hockey team restricted resale of tickets for season pass holders; however, the defendant claims they have made several options available to season ticket holders to pass on tickets they cannot use including Ticketmaster and Stubhub.com.
Although the Devils admit that the Olsens were not given the opportunity to purchase the same seats for the 2014-2015 hockey season, the decision was not considered a termination. The New Jersey Devils also denied that they restrict season ticket holders from reselling tickets or that they have done anything to violate the New Jersey Consumer Fraud Act.
The original New Jersey Devils class action lawsuit filed by the Olsens allege that the hockey team makes it difficult for ticket holders who are unable to attend every home gave to sell their extra tickets by placing limits on printing of tickets. The Olsens claim there are at least 40 home games per year over a six-month period, some of them twice in one week.
The plaintiffs are represented by Olimpio Lee Squitieri of Squitieri & Fearon LLP.
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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