Viagogo Fights to Stop Refund Refusal Class Action Lawsuit Gaining Nationwide Status

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

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.

Read About More Class Action Lawsuits & Class Action Settlements:

• Customer Files Viagogo COVID-19 Ticket Refund Class Action
• Do You Qualify: Brain and Memory Supplements Class Action Lawsuit Investigation
• COVID-19 Refund Policy Challenged In Class Action Lawsuit Against Premium Seats Ticket Broker
• Do You Qualify: Bank NSF Fees Class Action Lawsuit Claim Review