Comcast, Philadelphia Flyers Reach Class Action Settlement Over Winter Classic Tickets

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Comcast Spectator LP, the owner of the Philadelphia Flyers, has agreed to settle a class action lawsuit that accusing the company of deceptively excluding tickets to the Flyers’ outdoor Winter Classic game against the New York Rangers from season ticket packages.

In May 2012, Flyers season ticket holders Joyce Phillips, Gary Mengle and John Bakley filed the class action lawsuit against the Flyers and Comcast Spectator, claiming that they paid for all 44 of the team’s preseason and regular season games before discovering that the season ticket package did not include tickets to the Winter Classic. Instead, Comcast Spectator offered to sell them tickets to the Winter Classic only if they also purchased tickets to unrelated exhibition and minor league hockey games, which were subject to additional ticket-processing charges.

According to their class action lawsuit, the Flyers competed with other teams for the opportunity to host the annual Winter Classic game, which was held at Citizens Bank Park, a baseball stadium that is more than twice the size of the Wells Fargo Center where the Flyers normally play.

Comcast Spectator sought to dismiss the class action lawsuit, arguing that the tickets could be revoked at any time as long as the ticketholders were compensated. U.S. District Judge Michael A. Shipp denied the motion to dismiss, but said the plaintiffs could amend their complaint.

The proposed class action settlement Class Members include Flyers season ticket holders who purchased full season ticket packages to Flyers preseason and regular season home games for the 2011-2012 National Hockey League (NHL) season.

Under the terms of the proposed class action settlement agreement, all season ticket holders who purchased a full season ticket package for the Flyers’ 2011-2012 season but did not receive a ticket to the Winter Classic game will be offered a choice of either a $45 “orange voucher” redeemable for food and drink at any event held at the Wells Fargo Center or a $75 “black voucher” for certain “fan experience” offerings.

The proposed “fan experience” offerings include game-worn memorabilia, a personal message displayed on the scoreboard during a Flyers game, or the opportunity to have a photo taken on the ice at the arena for a holiday card.

The proposed Class Members would receive one voucher for each seat they purchased in their season ticket package. For example, a Flyers season ticket holder who had two seats would be eligible to receive two vouchers valued between a total of $90 and $150.

According to the proposed class action settlement, the total value of the vouchers given to Class Members will be between $625,500 and $1.1 million.

The defendants have denied any wrongdoing and continue to stand by their ticketing practices and procedures. They have agreed to settle the class action lawsuit in order to avoid the risk and expense of litigation.

The plaintiffs are represented by Evan Barenbaum of Stern & Eisenberg PC; Jack W. Lee, Derek G. Howard and Glicel Sumagaysay of Minami Tamaki LLP; and Gil D. Messina and Timothy A.C. May of Messina Law Firm PC.

The Philadelphia Flyers Winter Classic Tickets Class Action Lawsuit is Joyce Phillips, et al. v. Comcast Spectator LP, et al., Case No. 3:12-cv-03606, in the U.S. District Court for the District of New Jersey.