Karina Basso  |  August 10, 2015

Category: Consumer News

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49ers logo season ticket resale class action lawsuitThe San Francisco 49ers NFL team and Ticketmaster LLC are being sued in a season ticket resale class action lawsuit filed in California federal court by a football season ticket holder, alleging that restricting 49ers ticket resale to a Ticketmaster site until right before game day effectively violates antitrust laws.

Plaintiff Amir Kazemzadeh seeks to represent himself as well as all 49ers season ticket buyers for the 2015 year onward in this 49ers class action lawsuit, claiming the NFL team violated antitrust laws by requiring that season ticket holders resell their seats through Ticketmaster-operated NFL TicketExchange, if they are attempting to sell them 72 hours before game day. According to Kazemzadeh, this ticket policy introduced in 2015 burdens season ticket holders with mandatory fees and they are left unable to unable to sell their tickets for less than what they are worth.

“Competition by and among ticket websites would produce consumer benefits, including by stabilizing ticket prices and associated fees,” the 49ers season ticket resale class action lawsuit alleges. “Furthermore, if consumers were able to print their tickets and engage in advance sales that did not involve e-commerce, ticket websites and the Ticket Exchange would have to set fees and costs that account for this fact.”

According to Kazemzadeh, the San Francisco NFL team sells most of their home game tickets through the 49ers season package. As a result, season ticket holders like Kazemzadeh who cannot attend every game will often try to resell individual tickets. Until the recent policy change, season ticket holders had the option to resell these tickets via third-party websites such as StubHub and Vivid Seats, the ticket resale class action states.

Kazemzadeh claims he attempted to resell 2015 49ers tickets through one of the above named sites, and was allegedly informed by a 49ers representative that the NFL team would not release his tickets until 72 hours the game for resale, unless of course he wanted to resell the tickets through NFL TicketExchange.

The 49ers season ticket resale class action lawsuit alleges that this restriction by the 49ers football team prevents him and other season ticket holders from shopping around for a resale site that charges lower fees. This policy also allegedly prevents these same potential Class Members from printing the tickets and reselling them in this physical form as well.

Furthermore, some 49ers season ticket holders may choose to resell these football game tickets for less than face value, but with the new policy in place, they are barred from doing so. The plaintiff claims the NFL TicketExchange will not allow for a resale of tickets for less than what they are worth.

This is not the first time a sports fan has taken a team to task for secondary market sport ticket resale restrictions. Back in April, a proposed season ticket resale class action lawsuit was filed against the New Jersey Devils NHL team, which allegedly attempted to control the ticket resale market by restricting season ticket holders from reselling tickets to individual games.

The plaintiff is represented by Abbas Kazerounian of Kazerouni Law Group APC, Joshua B. Swigart and Naomi B. Spector of Hyde & Swigart and S. Masih Rezvanpour of RKR Legal APC.

The 49ers Season Ticket Resale Class Action Lawsuit is Kazemzadeh v. San Francisco 49ers, et al., Case No. 5:15-cv-03593, in the U.S. District Court for the Northern District of California.

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9 thoughts on49ers Sued in Season Ticket Resale Class Action Lawsuit

  1. Deborah L Jackson says:

    Please add me!

  2. David Carlin says:

    As we can see, the NFL and specifically the 49ers have gone “all in” on the Black Lives Matter Mesa , flying the BLM flag, allowing kneeling and messages on uniforms and the playing of the “black national anthem” the views of the 49ers are their views, I resent having them crammed down my throat before and during every future game. I think there is something wrong with me paying for a game and the 49ers pushing their political and Philosophical views on the paying SBL holders..non SBL holders can simply not buy tickets and opt out SBL holders are mandated in buying tickets or losing their investment..I think the 49ers should buyout any SBL holder who is dissatisfied

  3. reuben cabrera says:

    How to get in on this

  4. Jason Wehrmaker says:

    I would be interested. I have no idea if there is grounds for a suit, but this is ridiculous. I have had some of the same issues around having first rights to non-niners game.

    Beyond that, I spent $40K on 2 seats and have to cough up $6500 every season. The fair market value of tickets is no where close to $325 face. I can’t even get $100 for opening day.

    I get that I signed up for this whole deal, but at this point, it’s just exploitation. What I have to pay for the seats and what I can resell them for is a joke (on me). They must have had actuaries that knew that they were going to screw us. Add the dumping of payroll, and I don’t even want to see a game anymore.

    Any excuse to recover some of the money because of how the organization has messed this up, and I am in.

  5. dave says:

    I’m wondering if theres any interest in suing the 49ers or Levis stadium in a class action lawsuit against them?. I bought club seat tickets in 2012, expecting the 49ers led by Jim Harbaugh to be successful for some time. It cost $40,000 to buy two seat licenses, and the tickets and parking for 8 regular season and 2 preseason games cost $7000/year. I had to take a second mortgage to pay off the seat licenses, and when I balked at having to come up with the money for this upcoming season, I was told by the 49ers, that if I don’t come up with the $7,000 this and every year; they will take my seats away forever, even though I spent $40,000 for the rights to them. .p.s. they never sent me the contract they promised back in 2012.

  6. Herb Lara says:

    We were told and in the contract it states we have first rights to any event minus the Super Bowel. This is not the case. Ticketmaster makes it impossible to purchase tickets for disirable events.I tried going thru the Ticketmaster Web Page several times. My Daughter and I spent days trying to buy Taylor Swift tickets. We were locked out because of web site crashes, or being offered back stage tickets for 5000.00 . I simply wanted my seat . Tickmaster has vested intrest keeping us from disirable events. Same thing for the Wrestle Mania tried for days no tickets .

  7. JT says:

    I got the same song and dance from my season ticket rep about being green and lowering fraud risk. The only fraud here is Jed York. If the 49ers brass saw even one penny from TicketMaster related to this agreement, then there is no way they can avoid litigation and damages. Now I am forced to sell my tickets on only one platform? Sign me up for this lawsuit please…

  8. EDWARD BUCHANNAN says:

    As a former 49er Season Ticket Holder for many years. I was also subjected to these restriction

  9. Seahawks fan says:

    As a Seahawks fan I fill the need to join this lawsuit to take additional money from your team.

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