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Ticket marketplace platform Viagogo is fighting to prevent nationwide certification of a class action lawsuit accusing it of failing to offer refunds to events booked through the pandemic.
Last month, Florida resident Lauren Shiflett filed to extend her class action lawsuit against Viagogo from only Florida residents to a nationwide Class, Complete Music Update reports.
But Viagogo countered the move by filing documents presenting arguments why the court should deny the request.
Viagogo recently acquired ticket seller StubHub, which has also faced its share of COVID-19 refund litigation. Shiflett is challenging Viagogo’s alleged failure to offer refunds to those who purchased tickets to events canceled during COVID-19.
Shiflett says she bought two Tool concert tickets through viagogo.com, under the belief that the company would honor its “Viagogo Guarantee” and give her a refund if the event was canceled.
However, Shiflett says, after the COVID-19 pandemic canceled the Tool concert and thousands of other events, the company unlawfully avoided honoring its promise of a refund.
Shiflett contacted Viagogo and was told that “once a ticket order has been placed, Viagogo is unable to cancel orders. All redress are non-exchangeable/non-refundable.”
However, the Viagogo refund cancellation class action lawsuit argues that this is in direct conflict with the company’s stated policy.
The class action accuses Viagogo of breach of contract and unjust enrichment, as well as violations under Florida’s Deceptive And Unfair Trade Practices Act. It asserts that one of the primary benefits of the site, and the reason customers choose it over other secondary marketplaces, is the “Viagogo Guarantee.”
This guarantee reportedly assures customers that should their event be canceled, they will receive a full refund for their purchased tickets. This has reportedly been a long-standing policy of Viagogo.
However, in Viagogo’s most recent filings, it says customers with tickets to events affected by the pandemic have been offered vouchers worth 125 percent of the original purchase price, Complete Music Update reports.
The company argues that the court would need to identify which Class members would prefer to take the voucher than a cash refund. It says Shiflett has not provided sufficient analysis of the impact of state laws on a nationwide Class.
“This court must perform a ‘rigorous analysis’ to determine whether plaintiff met her evidentiary burden in demonstrating that class treatment is appropriate, Viagogo says. “Plaintiff fails this rigorous analysis.”
Viagogo users in the United Kingdom have also reported similar difficulties in getting refunds on tickets purchased through Viagogo after the events were cancelled due to the pandemic.
Are you still waiting on a ticket refund for an event canceled due to the pandemic? Let us know in the comments!
Shiflett is represented by Scott Edelsberg of Edelsberg Law PA and by Gary F. Lynch, Jamisen A. Etzel and Nicholas A. Colella of Carlson Lynch LLP.
The Viagogo COVID-19 Ticket Refund Denial Class Action Lawsuit is Lauren Shiflett v. Viagogo Entertainment Inc., Case No. 8:20-cv-01880, in U.S. District Court for the Middle District of Florida.
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21 thoughts onViagogo Fights to Stop Refund Refusal Class Action Lawsuit Gaining Nationwide Status
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In August I had purchased two tickets for a concert. Viagogo had a selection of how much did you want to spend for a ticket. I had put the required amount of 180.00 per a ticket. As well as was able to select what section I wanted to be in for the price I had selected. They gave me complete nose bleed seats. As well as charged me double the amount. They also had another 150.00 dollars worth of fees per each ticket. They did not send me my ticket information until the day before the concert. I had tried calling them and the day of the concert and no answer. I must have sent countless emails and phone calls. Only to be given the run around. They take your money with no intention of even giving you anything for your purchase. They do not say they are going to charge such fees per a ticket . I have no ideal why a law suit has not come up sooner. This company is a total scam. The whole ordeal cost me almost a thousand dollars. No refund, no answered or returned email for days. They wait till the concert is over to say, it has past and there is nothing they can do, no refund no voucher for me.
I was promised a refund because the tickets I bought were corrupt. I was promised a refund. They keep finding excuses as to why it has not been processed. Ive been told a refund is coming in 10 days 4 times now.
I will join any class action–this judge from Florida is corrupt and must be disbarred for not allowing this though.
I bought tickets for Rammstein before the pandemic and they would not refund me.
Then I sold the tickets to a friend and couldn’t remove my listing in time before it sold on viagogo, you know, since they refused to refund me.
NOW THEY CLAIM I OWE THEM THE MONEY FOR THE TICKETS I HAVE HAD TO WASTE SO MUCH TIME TRYING TO RESELL ON OTHER PLATFORMS
This is insult to injury and I have been told by my credit card company that they may consider me the thief even though I made no money from the resell, VIAGOGO did, they have now been paid TWICE for the same tickets and they refuse to refund the new buyer either–
This is a level of criminality that will get this company belly up–trust me, I am all in for this class action lawsuit–we cannot let some corrupt Florida judge prevent a WHOLE COUNTRY of music lovers from being cheated and abused out of our hard-earned money.
In Australia, this is what was done to Viagogo: Ultimately, Viagogo was found liable and fined for infractions pertaining to “official site representation” (AUD 2.5 million/$1.75 million), “total price representation” (AUD 1.5 million/$1.05 million), “part price representation” (AUD 500,000/$350,250), and “quantity representations” (AUD 2.5 million/$1.75 million).
Let’s make it happen here!!!
I have been fighting with viagogo since October of 2021 with an canceled event. Finally they sent me a email saying i was going to refunded in 5 business days, well today i received an email saying they cant refund me because the even organizer has postponed the event and that is a lie. I have sent multiple proof to them that the event is indeed canceled. I have called over 30 times half of them tell me oh yes your event is canceled im going to escalate your case and the other half lie and says no your event is only postponed. I have requested an SAR and proof that the event organizer did not canceled and they still want send me nothing.
I would love to join this lawsuit as I am in the same boat! This is so frustrating it’s been 2 years !!!
Can Australian’s join in? I am devastated that the Phatom of the Opera which was postponed is now coming to Melbourne. I sent our ticket numbers but Opera Australia said they were not theirs. Now I find that Viagogo is fraudulent and I and many Aussies have lost a lot of money.
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