NFL Offers Hall of Fame Game Refund in Exchange for Claim Waiver

UPDATE: On Nov. 30, 2020, the proposed Class in a lawsuit lodged over the cancelation of the 2016 NFL Hall of Fame Game was certified by an Ohio federal judge.

Ticketholders for the cancelled Hall of Fame Game can get a refund, but only in exchange for waiving their right to participate in a related class action lawsuit, according to an announcement by the Pro Football Hall of Fame.

The announcement addresses the last-minute cancellation of the 2016 Hall of Fame Game due to problems with the playing surface.

Four plaintiffs have already filed a Hall of Fame Game class action lawsuit over the cancellation.

According to the Hall of Fame’s announcement, ticketholders can receive a refund for the ticket price plus associated processing, shipping and handling fees.

The offer includes possible reimbursement of other related expenses such as pre-paid parking, pre-sale reservation fees, and the cost of a single night of hotel accommodations.

Reimbursements are subject to review, verification and approval, the announcement says.

The offer comes just days after a Hall of Fame Game class action lawsuit brought by four ticketholders claimed fans suffered losses related to the game’s cancellation.

Ticketholders who accept the offer must release “all of the claims asserted or which could be asserted in the lawsuit and will not be permitted to participate in any way or receive anything that might be obtained in the lawsuit.”

Plaintiffs Alan Biland, Matthew Crabb, Tiffany Ratcliff and Carmelo Treviso say the cancellation resulted from a last-minute attempt to paint markings on the field surface on the afternoon of game day. By kickoff time that evening, the paint was still wet, they claim.

The plaintiffs say that the NFL knew the Hall of Fame Game would have to be cancelled at least an hour before kickoff time, yet encouraged ticketholders to enter the stadium and purchase concessions and merchandise.

The cancellation announcement did not come until minutes before the scheduled kickoff, they say.

The four plaintiffs say the cancellation caused them and proposed Class Members to lose more than just the cost of their tickets. All four plaintiffs alleged they traveled from out of state to get to the game, incurring travel and accommodation costs over and above the ticket price.

The Hall of Fame Game is traditionally the first game of the NFL pre-season, and as such is a highly anticipated game, according to the plaintiffs.

The game typically sells out all 22,000 seats at the Tom Benson Hall of Fame Stadium, they say, and the size of its television audience is on par with those of playoff games in other sports.

In addition to offering to cover ticketholders’ losses, the Hall of Fame says it is offering other incentives like free admission tickets to the Pro Football Hall of Fame, the right to advance purchase of a ticket to a future Hall of Fame Enshrinement Ceremony or Hall of Fame Game, or discounts at the museum’s online store.

The plaintiffs are claiming damages to cover compensable losses like their ticket prices and travel expenses, plus attorneys’ fees and court costs, all with pre- and post-judgment interest.

Plaintiffs’ counsel is attorney Michael J. Avenatti of Eagan Avenatti LLP.

The NFL Hall of Fame Game Class Action Lawsuit is Alan Biland, et al. v. National Football League, et al., Case No. 5:16-cv-02010, in the U.S. District Court for the Northern District of Ohio.