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UPDATE: On December 21, 2020, the Premium Seats COVID-19 Refund Policy class action lawsuit was dismissed.
A class action lawsuit claims ticket broker Premium Seats breaches its contract with customers by failing to refund tickets for shows that were canceled by the COVID-19 outbreak.
The named plaintiff in the complaint, Amanda Bryant, says she bought a pack of four meet and greet tickets to a Billie Eilish concert in Tennessee last year in October. The show, which was scheduled for March 27, was eventually canceled due to the pandemic.
The class action lawsuit is one of the latest in legal actions related to the coronavirus outbreak.
“To avoid financial losses, and potential future losses, due to the Covid-19 pandemic, Defendant has unconscionably and in breach of the implied covenant of good faith and fair dealing refused to issue refunds,” Bryant said.
Bryant says she spent $10,080 on the tickets but felt confident Premium Seats’ refund policy would safeguard her if something happened.
When the show was officially called off, Bryant tried to get a refund “on multiple occasions” but was told by Premium Seats they were working through a backlog of requests. Bryant says she’s still waiting for Premium seats to satisfy their refund policy.
“Premium Seats has refused to honor that promise, shifting the burden of its corporate losses and potential future losses onto many thousands of its loyal customers,” Bryant said.
Headquartered in Fort Lauderdale, Florida, Premium Seats provides an online third-party marketplace for various events including sports and music.
The service charges both the sellers and buyers of tickets a 15% surcharge, in addition to delivery and service fees, according to the complaint.
The complaint argues Premium Seats’ entire business model relies on this refund policy, which Bryant says is clearly spelled out in Premium Seats’ terms and conditions.
“A key pillar of the Premium Seats marketplace success is its refund policy,” Bryant said.
A “seamless refund” policy is one of the selling points Premium Seats markets to new customers, according to Bryant. The refund policy is even highlighted on the frequently asked question section of the Premium Seats website.
“Premium Seats users are willing to pay premium prices for tickets,” the plaintiffs said because there’s “assurance that they will not be left with a valueless ticket,” Bryant said.
She says customers rely on Premium Seats’ refund policy, knowing other third-party ticket sellers like Facebook Marketplace or Craigslist don’t offer the same guarantee.
Bryant does concede Premium Seats issued a refund policy statement on their website following the coronavirus-related restrictions, advising ticket holders they’d get a coupon for their purchase. The instructions also included a seven-day window to request the coupon.
The complaint alleges none of this happened, however.
“Regardless of the ambiguous refund statement, Premium Seats has not provided Plaintiff with a refund of a coupon or cash back for her tickets,” the class action lawsuit said.
Furthermore, Premium Seats is wrongly categorizing shows as postponed as a way to avoid meeting their refund policy, “allowing it to maintain dominion and control over even more funds which it has no legal right to possess,” Bryant said.
Premium Seats isn’t the only ticket broker facing legal scrutiny over their refund policy.
Arizona Attorney General Mark Brnovich reached an agreement this week with Ticketmaster to return more than $71 million in refunds for shows canceled due to the coronavirus.
“Companies have to honor refund representations,” Brnovich said in a statement posted to the Arizona Attorney General website.
In this lawsuit, Bryant is seeking to form a Class of “all persons who purchased tickets through [Premium Seats], and who were deprived of the benefit of Defendant’s refund policy when, in response to the Coronavirus Disease 19 (COVID-19) pandemic, events were cancelled or constructively cancelled.”
Formally the class action lawsuit accuses Premium Seats of breach of contract, conversion, and unjust enrichment. The plaintiffs are seeking, among other things, damages and restitution.
Do you have an unrefunded Premium Seat ticket for an event that was canceled? Let us know in the comments below.
Counsel representing the plaintiffs in this class action lawsuit are Gary F. Lynch, Jamisen A. Eztel, Nicholas A. Colella of Carlson Lynch, LLP.
The Refund Policy class action lawsuit is Bryant v. Premium Seats USA, LLC, Case No. 0:20-cv-62187, in the U.S. District Court for the Southern District of Florida.
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7 thoughts onCOVID-19 Refund Policy Challenged In Class Action Lawsuit Against Premium Seats Ticket Broker
I purchased Alanis Morissette tickets (VIP 2 total) on 12/22/2019 for a concert date of July 24, 2020. The concert was “Postponed” twice. Once the official date of the concert was set, I was notified by email and told that my tickets would be delivered. I never received the tickets and the new concert date was set on a weekday. Additionally, when I was notified of the new date, it was not in sufficient time for me to ask for the time off of work to attend. I contacted Premium Seats USA to try and obtain a refund as I was not going to be able to make that date. I was told that because the concert was not “Cancelled” there was no refund. I told them that I did not receive my tickets (this was one week prior to the date of the show) and they said they would send new ones out because after checking on the original tickets they saw where no one was home to sign for the delivery so they were returned. They had to wait for the vendor to receive the tickets before they could send me out new ones. The tickets arrived for the second time WHILE I WAS AT WORK! The only person there to “Sign” for a delivery was underage. The tickets came THE DAY OF THE CONCERT! When I told Premium Seats USA this, all they said was sorry you couldn’t attend due to your job and it is non refundable. I paid $950.00 for two VIP tickets and have not received anything from them. I have reached out to them one last time to obtain a refund due to the circumstances at hand.
My Post Malone concert was postponed and than canceled in September. I was told I’d get a refund by 90day. It’s now MAY. Nothing. I have been given the run around with getting just $400 back.
I have been attempting a refund and told to sell the ticket. The ticket was purchased prior to COVID 19 and it is ridiculous that I am not getting a refund for a event that was scheduled and so called postponed twice. My health is at great risk and I never agreed to attend a event that would be during a pandemic let alone almost 18 months later . Let alone require a vaccine or COVID test that my body’s immune system is not able to endure. Refund my credit card ASAP!
This lawsuit was initially filed for a postponed event, not a cancelled event. The event was later cancelled, the customer has since been refunded and this case has been voluntarily dismissed without prejudice by the Plaintiff, Amanda Bryant. Premium Seats USA has a longstanding history of customer service excellence and while we are tremendously impacted by this pandemic much like the rest of the world, customer satisfaction remains our utmost priority.
Refund my credit card as I did not agree to attend a event during a pandemic and the show has been postponed twice. My health is at great risk . I will gladly file a class action lawsuit .
I have been attempting a refund also for a concert in Wichita Kansas. I even purchased the insurance. Ambiguous replies is all that I get.
Mr. Leach – As you know, your refund was recently issued. Due to heightened issues related to the Coronavirus and limited staff there were some greater than normal delays. Thank you for your patience and understanding during these extremely devastating times to the live event industry.