Vivid Seats Class Action Alleges Bait-and-Switch Ticket Scheme

Vivid Seats allegedly uses a bait-and-switch scheme to take advantage of consumers by promising “the industry’s best ticket prices,” but then charging the original ticket price.

“Our superior relationships with trusted sellers give you an unmatched selection of tickets to the hottest and most exclusive events around the world. And we don’t stop there; we invest in technology to keep our costs low, and pass the savings on to you,” Vivid Seats reportedly claims on its website. “Thanks to this commitment, our ticket prices average lower than those found on any other full-service marketplace.”

Following through on their representations, Vivid Seats allegedly offers various tickets to concerts and sporting events and advertises these seats with a percentage discount.

The Vivid Seats class action says these discounts are advertised directly to consumers through email. The discounts are reportedly also reflected in seat price representations on the company’s website.

Plaintiff Howard Derdiger reportedly experienced this scheme in December 2018. Derdiger says he received an email advertising a 10 percent discount, prompting him to purchase four tickets to a Bob Seger concert totaling $1,269.08.

“The advertisement induced Plaintiff to purchase event tickets because it led Plaintiff to believe that by purchasing the tickets, he was enjoying a discount on a product formerly valued higher,” the Vivid Seat class action lawsuit claims.

However, the scheme soon reared its ugly head. Upon purchasing the tickets, Derdiger realized that his tickets cost $245 a piece instead of the $220 ticket price that was reportedly advertised. He was allegedly not given a refund despite complaining to the company.

The Vivid Seats class action says Derdiger would not have purchased the tickets had he known that the ticket prices were falsely represented. As a result of Vivid Seats’ scheme, he allegedly sustained economic losses by paying the “inflated” ticket prices.

The problem has reportedly affected numerous consumers who flock to review sites in an attempt to air their grievances.

The experiences are reportedly universal: consumers are sent an email code with a discount but are not given the discount when purchasing tickets. One consumer argues that Vivid Seats is a “very shady company” that will “mislead you all over the place.”

Vivid Seat is accused of violating Illinois consumer fraud laws, breach of contract, promissory estoppel, common law fraud, and unjust enrichment.

Derdiger seeks to represent a Class of consumers who purchased event tickets from Vivid Seats which were represented at a discounted or otherwise reduced price.

The Vivid Seat class action lawsuit seeks actual damages, treble damages, disgorgement, injunctive relief, declaratory relief, interest, court costs, and attorneys’ fees.

Derdiger and the proposed Class are represented by William M. Sweetnam and Natasha Singh of Sweetnam LLC.

The Vivid Seat Bait and Switch Class Action Lawsuit is Derdiger v. Vivid Seats LLC, Case No. 1:19-cv-01904, in the U.S. District Court for the Northern District of Illinois.